Applying for a greencard/adjustment of status

[michevelroll2013 0]

Hi I came to North Carolina on March 2014 to marry my husband. We got married in May 2014. I came here as a visitor on an ESTA Visa Waiver program. I did'nt know that i needed a Visa to stay here. I'm not currently on a Visa at all and i'm really worried that immigration will send me back. What do i have to do to make myself legal so i can stay with my husband? What forms will i need to fill out to get my greencard/residency here. Please help me :/

[vicks5721 18]

well you shouldn't of done that in the first place as it is illegal and there is a high chance you will be caught and sent home

[msbau764 245]

You didn't know you needed a visa to stay in the US? Yeah right.

[Cody and Daisy 373]

Hi I came to North Carolina on March 2014 to marry my husband. We got married in May 2014. I came here as a visitor on an ESTA Visa Waiver program. I did'nt know that i needed a Visa to stay here. I'm not currently on a Visa at all and i'm really worried that immigration will send me back. What do i have to do to make myself legal so i can stay with my husband? What forms will i need to fill out to get my greencard/residency here. Please help me :/

Premeditated to go to the usa to marry your husband and stay on VWP is illegal.

You must have known this.

Surely you did research before you went?

And only now after almost a year you are worried about being deported?

I'd get a lawyer.

If you leave the states you will be given a ban if you tried to come back.

On the uk VWP you can only stay in the states for 90 days.

You've basically screwed up massively.

Get a lawyer.

Also read this topic about someone else who did what you did.

Proovimg you didn't come with intention to get married will be difficult because let's face it, that was your intent.

http://www.visajourney.com/forums/topic/365936-married-while-in-us-on-esta-aos/

And I hate to be cruel but it's situations like this that make it difficult for those who do it the legal way so much harder.

Edited February 5, 2015 by Cody and Daisy

[Ontarkie 13,979]

~~Inappropriate post removed and one for quoting. Post constructively or do not post.~~

~~Thread moved to AOS from Tourist, from K1 Process and Procedures. as the OP is in the US already.~~

Edited February 5, 2015 by Ontarkie

[Leo7777 243]

Below is the collective wisdom of this forum:

Intent alone is not used to deny.

There is no question of intent at the interview.

Were you questioned on your intentions when arriving?

[Nich-Nick 3,353]

Hi I came to North Carolina on March 2014 to marry my husband. We got married in May 2014. I came here as a visitor on an ESTA Visa Waiver program. I did'nt know that i needed a Visa to stay here. I'm not currently on a Visa at all and i'm really worried that immigration will send me back. What do i have to do to make myself legal so i can stay with my husband? What forms will i need to fill out to get my greencard/residency here. Please help me :/

The guide when both spouses are in the US is here http://www.visajourney.com/content/i130guide2

Also read this topic about someone else who did what you did.

Proovimg you didn't come with intention to get married will be difficult because let's face it, that was your intent.http://www.visajourney.com/forums/topic/365936-married-while-in-us-on-esta-aos/

And I hate to be cruel but it's situations like this that make it difficult for those who do it the legal way so much harder.

That thread is a bunch of people speculating about what "might" happen, just like this thread has started out. The actual result was the OP of that thread got his adjustment from VWP approved. So did this one

http://www.visajourney.com/forums/topic/532897-approved/

[msbau764 245]

The guide when both spouses are in the US is here http://www.visajourney.com/content/i130guide2

That thread is a bunch of people speculating about what "might" happen, just like this thread has started out. The actual result was the OP of that thread got his adjustment from VWP approved. So did this one

http://www.visajourney.com/forums/topic/532897-approved/

what is the point of applying for a K1 or CR-1 visa if you have a tourist visa or are under the VWP? I had a chat with someone that works with an immigration law office from my area and the owner of the law firm advises her clients with fiance's that have tourist visas to not even bother with the K1 or CR1. The entire system is a joke.

[aaron2020 11,651]

People need to calm down.

The law is not based on opinions.

The preconceived intent to immigrate alone is not a valid reason for USCIS to deny the AOS of an Immediate Relative of a USC.

Matter of Ibrahim

http://www.justice.gov/eoir/vll/intdec/vol18/2866.pdf

Matter of Cavazos

http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf

http://www.peerallylaw.com/en/content/view/562

It's perfectly fine for the OP to file to adjust.

[msbau764 245]

People need to calm down.

The law is not based on opinions.

The preconceived intent to immigrate alone is not a valid reason for USCIS to deny the AOS of an Immediate Relative of a USC.

Matter of Ibrahim

http://www.justice.gov/eoir/vll/intdec/vol18/2866.pdf

Matter of Cavazos

http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf

http://www.peerallylaw.com/en/content/view/562

It's perfectly fine for the OP to file to adjust.

as I mentioned in my previous post, what is the point of doing the K1 or CR1 if you can just use a tourist visa to AOS?

[aaron2020 11,651]

as I mentioned in my previous post, what is the point of doing the K1 or CR1 if you can just use a tourist visa to AOS?

I can not answer that. It's above my pay grade. I can only tell you what the law say. The wisdom of it is in the two cases provided.

[Nich-Nick 3,353]

as I mentioned in my previous post, what is the point of doing the K1 or CR1 if you can just use a tourist visa to AOS?

CR1 and K1 are an established way for any fiancé or spouse to enter the US. Not every country participates in VWP. It is not always easy to be granted a tourist visa when not eligible for VWP.

This USCIS Policy Memorandum concerning AOS from VWP has many details you might want to read to get the USCIS viewpoint on the subject. http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

Edited February 5, 2015 by Nich-Nick

[msbau764 245]

CR1 and K1 are an established way for any fiancé or spouse to enter the US. Not every country participates in VWP. It is not always easy to be granted a tourist visa when not eligible for VWP.

This USCIS Policy Memorandum concerning AOS from VWP has many details you might want to read to get the USCIS viewpoint on the subject. http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

what I meant was for those that are already under the VWP and those that already have tourist visas. For them, what is the point. I will take a look at the PDF.

[michevelroll2013 0]

I came here as a visitor....i was on holiday to begin with. I met my husband in 2013, so i came to meet him. In May 2014 i came to visit him, i did'nt know i was going to marry him. I married him before the 90days expired, so surely that has to count for something. I have the necessary paperwork filled out, so i'm thinking i should just go and send it off. I am also getting my hubby to fill out a 1-130 form for him to petition me to stay here with him. I did'nt ask everyone for the heated messages, i was asking for advice. Thank you for the nice messages that gave me advice. I really did'nt know that after we married , that i needed a Visa aswell. Ok we went right into marriage without researching or asking advice. I hope i don't get sent home because i came along way

[aaron2020 11,651]

I came here as a visitor....i was on holiday to begin with. I met my husband in 2013, so i came to meet him. In May 2014 i came to visit him, i did'nt know i was going to marry him. I married him before the 90days expired, so surely that has to count for something. I have the necessary paperwork filled out, so i'm thinking i should just go and send it off. I am also getting my hubby to fill out a 1-130 form for him to petition me to stay here with him. I did'nt ask everyone for the heated messages, i was asking for advice. Thank you for the nice messages that gave me advice. I really did'nt know that after we married , that i needed a Visa aswell. Ok we went right into marriage without researching or asking advice. I hope i don't get sent home because i came along way

Hi,

Other people's problems are not yours.

It's perfectly okay for you to stay and adjust status.

Follow the Guides.

File the I-130, I-485, and supporrting forms and documents.

Welcome to your new home.

Best of luck.