DCF abroad or AOS here in USA?

[Dogs32 2]

Asis flyer. thx for a informative post,

I have also heard of this IR1

But if I can and allowed I will try The AOS route but will see a lawyer for clarification

I take it your doing AOS according to your profile?

Edited December 11, 2014 by Dogs32

[NikLR 13,220]

If you married before entry no, you cannot stay and adjust.

absolutely incorrect

Suggest you read the FAM on Immigrant Intent. Re: 30/60 day rule which while may not officially apply, is often used as a determining factor (whether required or not)

THERE IS NO SUCH RULE!

OP:

Dogs32:

Your circumstances have changed since you entered the USA. The burden is upon the USCIS to prove that you committed fraud, not up to you to prove that you didn't. You may adjust your status if it is now your wish to stay in the USA.

Everyone else that says you cannot AOS, is wrong. Boiler is quite correct. Nor do you need to be here for XX days to do so. Circumstances could change the day after you entered the USA and you want to stay. The point is the CBP let you in, you truthfully can say you did not intend to stay in the USA, and you can AOS to your hearts content as soon as possible if that is your wish.

~~organizer hat on~~

~~moved to what visa do i need from DCF as OP is weighing their options~~

[Mark88 183]

Boiler sorry to be a pain..your opinion is I could stay then as I entered legally and in good faith..

If we intended to stay here I would of done it back in 2011

but my or our circumstances have changed considerably

You can AOS.

[blk 87]

What do people suggest I do,shall I go home and do DCF or Adjust my status here in the US?

Not sure which is the fastest and safest way..

any opions

Mega thx

Hi, As you are now here then I would say do the AOS, the forms are straight forward & there is no need to get a lawyer involved as most times they can slow down the process.

the forms that you need are I-130, I-485, I-864, G-325a, I-765, I-131 also I-693. if you look at I-130 Petition and Adjustment of Status Guide it will explain what to do & you can ask questions as well.

Brian

Edited December 11, 2014 by blk

[NipTuck 1]

absolutely incorrect

THERE IS NO SUCH RULE!

OP:

Dogs32:

Your circumstances have changed since you entered the USA. The burden is upon the USCIS to prove that you committed fraud, not up to you to prove that you didn't. You may adjust your status if it is now your wish to stay in the USA.

Everyone else that says you cannot AOS, is wrong. Boiler is quite correct. Nor do you need to be here for XX days to do so. Circumstances could change the day after you entered the USA and you want to stay. The point is the CBP let you in, you truthfully can say you did not intend to stay in the USA, and you can AOS to your hearts content as soon as possible if that is your wish.

~~organizer hat on~~

~~moved to what visa do i need from DCF as OP is weighing their options~~

This :-)

My husband and I were married before he entered the U.S. on a VWP for a visit. Circumstances changed, so he adjusted his status.

As for a lawyer--I think it's a personal choice. When we first started the process, I was dead set on hiring a lawyer. All of the different possible options were really confusing and overwhelming. Once we figured out we were going to AOS, though, it was far more manageable. We used the guide here as a starting point. Look through the forms. Read through the instructions. And use these forums. I was able to find answers to every one of the questions I had on VJ threads.

It did take a lot of time and effort, but I felt very confident in our packet when we sent it off. I knew what was needed, and I knew what was in it, and that was a really comforting feeling for me.

Good luck!

[Dogs32 2]

You people are AWESOME

Mega thx for the above posts...

I have just spoken to a lawyer and yes I can

thx nip tuck that as reassured me further and blk you have also confirmed what a few lawyer's have said on line..

My wife is insisting getting a lawyer for peace of mind so we will.

Thank you God for us finding out in the nick of time with the skin of our teeth..

I was also worried that if I went back I would screw up my bank A/C (flights,lodging ect ect.....as I have found out the savings have to be untouched for 6 months.

ps..I do LOVE usa BUT I never wanted to live here .

But so many crazy things have changed on this journey

But my family come first and I have lots of friends here.

[cocolucho 35]

You people are AWESOME

Mega thx for the above posts...

I have just spoken to a lawyer and yes I can

thx nip tuck that as reassured me further and blk you have also confirmed what a few lawyer's have said on line..

My wife is insisting getting a lawyer for peace of mind so we will.

Thank you God for us finding out in the nick of time with the skin of our teeth..

I was also worried that if I went back I would screw up my bank A/C (flights,lodging ect ect.....as I have found out the savings have to be untouched for 6 months.

ps..I do LOVE usa BUT I never wanted to live here .

But so many crazy things have changed on this journey

But my family come first and I have lots of friends here.

You can certainly do AOS. As others have said above, you entered legally and your intentions were not to stay in the US. Now that has changed and you should be able to do AOS. I don't know what is the cost of AOS with a lawyer, but I personally think you can do AOS yourself. I just did help my wife and daughter to file theirs and she submitted her AOS yesterday. It is not difficult to do, but time consuming and you have to pay attention to detail. Just follow the guidelines for AOS as they are very helpful and I am sure you will be okay. That is my personal opinion :-) The majority of people here on VJ are always here to help you if you have questions so ask away.

Good luck to you both!

Jorge

[slangofoil 50]

THERE IS NO SUCH RULE!

http://www.state.gov/documents/organization/87011.pdf

See page 5 of 21.

[Boiler 43,438]

Getting off topic as this has no relevancy to the topic. On another board a Lawyer chipped in and like other concepts it is often quoted out of place.

[slangofoil 50]

I am merely rebutting the statement that there's no such rule. But it does seem relevant as one of many factors that may come into the adjudicator's consideration of the AOS. I don't know what a lawyer on another site said, but might be interested to learn. Though I guess that's getting more off topic....

ETA: Searched for some more debate on this, and I think I see the point of relevance in that the pub comes from DOS, not USCIS. If that's the bone of contention, then makes sense.

Edited December 11, 2014 by slangofoil

[Boiler 43,438]

How about it is a not an issue. Personally I would not enter as a non immigrant and immediately mail the adjustment papers but some have gone pretty close without issue.

[slangofoil 50]

How about it is a not an issue. Personally I would not enter as a non immigrant and immediately mail the adjustment papers but some have gone pretty close without issue.

But it's nice to learn the WHY of things. Since there is a lot of incorrect advice given then it helps when you learn why something is or is not correct/relevant. I have now learned something new today, but not by just taking your word for it.

[Boiler 43,438]

It is an issue that has come up many times before. I could look it up and quote the techie details but have no desire to. Those interested can certainly find it easily enough.

[MassMoose 0]

thx for your replies...

Its a long complicated story so I wont bore you.

But WE never intended to stay in USA but live in England.

Thtats a long gone option now due to family and financial problems...

But we do have enough here to be approved financially , we actually got married 2011 in Sikeston ,MO USA on a spur of the moment due to us keep parting.

This is why I thought I could go home to the UK and do DCF...or is this a stupid ideA seeing as Im in USA right now....

we are worn out and paranoid of breaking rules and bodging this up.....Just going to Ireland alone was a costly mistake!!

now its time to sort this out once and for all

Complicated is seldom ever boring I hope I can answer some of your questions and suppositions because we were in the

predicament, except for the fact that neither of us are royal subjects ;-) You can absolutely apply to adjust status if

previously married. The question here is how you entered the U.S. I assume it was on a B1/B2 and not visa waiver. If so, you can submit your 1-485 concurrently with your I-130. I am also guessing you've never overstayed or been banned from entering. Intent is a problem if mentioned to a IO or CO that you were just visiting. I also don't see that as the case.

We waited for well over a year to process IR1 visa. The delays at the National Visa Center are unbearable. It would be wise to adjust status. You're here already. Might as well

[Boiler 43,438]

Complicated is seldom ever boring I hope I can answer some of your questions and suppositions because we were in the

predicament, except for the fact that neither of us are royal subjects ;-) You can absolutely apply to adjust status if

previously married. The question here is how you entered the U.S. I assume it was on a B1/B2 and not visa waiver. If so, you can submit your 1-485 concurrently with your I-130. I am also guessing you've never overstayed or been banned from entering. Intent is a problem if mentioned to a IO or CO that you were just visiting. I also don't see that as the case.

We waited for well over a year to process IR1 visa. The delays at the National Visa Center are unbearable. It would be wise to adjust status. You're here already. Might as well

I assumed VWP, not that it matters either way.