Filing I-485 after visitor visa expires question

[Teresa27 11]

This can't be right. Because then why would anyone from a country that can travel on the visa waiver programme bother to apply and pay for a K1 visa and wait an average of 8 months just so they can come back to the US to marry a US citizen? I don't think you can adjust from the visa waiver programme.

[Starkilla09 366]

No you're wong. An alien admitted into the U.S and inspected by a CBP officer can adjust status of married to a U.S. Citizen. The only tricky part is that of intent meaning the alien must not have secured the non immigrant visa or use the visa waiver program as a means to come and get married to adjust. However most adjustments are approved since that intent line is a very grey area as the intentions of most people change once they arrive and decide to marry their partners. That's why many are advised not to adjust early once they just arrive as that could be considered fraud. Majority use the K1 process because that's the legal and right way to do it.

Edited February 23, 2015 by Starkilla09

[KayDeeCee 4,891]

This can't be right. Because then why would anyone from a country that can travel on the visa waiver programme bother to apply and pay for a K1 visa and wait an average of 8 months just so they can come back to the US to marry a US citizen? I don't think you can adjust from the visa waiver programme.

Yes, they can.

[KayDeeCee 4,891]

Thanks Aaron, yes I wanted to wait until after March 30th as then it is not mandatory to get the flu vaccine for the medical exam. If it was going to be an issue I could get the vaccine but I'd prefer not to. Can you think of any legitimate way I could avoid getting the vaccination?

I am on the ESTA visa waver program so they did not give me an I-94 on this visit to the US.

You can wait and file the I-693 later, either when you get an RFE for it, or take it to your interview with you.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).

http://www.uscis.gov/i-693

[aaron2020 11,651]

This can't be right. Because then why would anyone from a country that can travel on the visa waiver programme bother to apply and pay for a K1 visa and wait an average of 8 months just so they can come back to the US to marry a US citizen? I don't think you can adjust from the visa waiver programme.

You may want to do some research.

The OP can certainly adjust from the VWP based on the law and experience of many posters.

[Love Marry Stay 1]

To be clear you really should file before your VWP expires. Once you file you are deemed an "intending immigrant" until then you are still a tourist. To make the process as easy as possible don't file your application late. In my opinion you should get the vaccine (I know it sucks) and file on time. Cheers!

[johnxkrn 4]

You are running in circles. Stop being so paranoid. How many times and in how many different ways do you want me to say, THERE ARE NO CONSEQUENCES SINCE YOUR OVERSTAY WOULD BE FORGIVEN WHEN YOU ADJUST BASED ON YOUR MARRIAGE TO A US CITIZEN?

Your record is your record. Getting a green card does not erase it. There is just no consequences from your overstay once you get the green card.

----

Turn off your computer. Go hug your wife. Stop worrying about overstaying. Things are good.

Tough Love Brother

[andfp 14]

They should get the I-94 which they are going to need in some of the forms. Search on google I-94 Retrieval. You just have to fill the form with your personal details such passport, date of entry, port of entry (Airport).