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Can we adjust for status on VWP?

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I recently got married in the USA, i am back in UK now. We originally planned to file for i130 whilst i am in UK but reading around I have heard it is possible for me to go back in the states on vwp and my husband to adjust my status after 60 days, as long as I did not intend to do this. Thank you for any answers!

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Well your husband intents it right now, doesn't he?


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12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Lift. Cond. (apr) Country: China
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Sounds like you have immigration intent while using VWP. That could cause you serious issues with USCIS. Others will likely respond with their opinions.

Consider reviewing this VJ Guide for details: http://www.visajourney.com/content/i130guide2

I would suggest that you may want to re-think your plans.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: AOS (apr) Country: India
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You're not going to get the answer you're looking for on here. You clearly have intent to immigrate, so you're essentially asking is it ok to lie...and the huge rule of VJ is never advise anyone to lie!


 

 

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Filed: Country: Monaco
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What you describe is considered immigration fraud by the USCIS. I'm not passing judgment - I'm just telling it like it is.

I recently got married in the USA, i am back in UK now. We originally planned to file for i130 whilst i am in UK but reading around I have heard it is possible for me to go back in the states on vwp and my husband to adjust my status after 60 days, as long as I did not intend to do this. Thank you for any answers!


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www.ffrf.org




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It would be fine if your husband had the intent - he's the USC. The problem is, you are the intending immigrant, and as such, you can not intend to use a non-immigrant entry to the US to immigrate.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Citizen (apr) Country: Ireland
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*** thread closed for discussing immigration fraud, which is both illegal and against our TOS. Do it the right way and get a spousal visa- you can visit during the process ******


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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What you describe is considered immigration fraud by the USCIS. I'm not passing judgment - I'm just telling it like it is.

I understand :( I am in tears because of this and we thought getting married was the easiest option and now I won't see my husband for god knows how long. we haven't even sent the i130 out yet as we hired a lawyer to do it and she hasnt even replied in 2 days :(

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