Getting Married on Visa Waiver Program After Submittinf I-129F

[TheCaptain 67]

As someone else who has come from Australia I think if you have a current pending K1 application, I believe it would be taking advantage of the luxuries offered to us by the US to use the VWP as a means to bypass the application process and speed up the adjust process.

By all means you can do this and it would be ok, but don't expect people to be happy or OK with your choice.

[Teddy B 17,251]

As someone else who has come from Australia I think if you have a current pending K1 application, I believe it would be taking advantage of the luxuries offered to us by the US to use the VWP as a means to bypass the application process and speed up the adjust process.

By all means you can do this and it would be ok, but don't expect people to be happy or OK with your choice.

Fortunately USCIS doesn't share your point of view.

[JohnR! 5,495]

Do it and AOS.

Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

[ascertainLovE 165]

Somewhat shockingly, a lawyer friend of mine told me that those that come on tourist visas and adjust status can file for Advanced Parole. So if there were any loose ends, they could be tied later..

[Ryan H 3,790]

~~~Closed for review~~~

***Thread back open. Several posts that were non-responsive to the OP's query have been removed along with posts quoting. Another post that was advocating fraud (a TOS violation) has been removed along with post quoting. Either answer the OP's questions or do not post. Thread bans as well as any additional actions as necessary will be imposed for anymore non-responsive posts in this thread.***

Edited March 30, 2015 by Ryan H

[aaron2020 11,651]

As someone else who has come from Australia I think if you have a current pending K1 application, I believe it would be taking advantage of the luxuries offered to us by the US to use the VWP as a means to bypass the application process and speed up the adjust process.

By all means you can do this and it would be ok, but don't expect people to be happy or OK with your choice.

Who cares that people will be happy or not.

The law allows them to adjust.

If you don't like it, then petition Congress to change the law.

[TheCaptain 67]

Who cares that people will be happy or not.

The law allows them to adjust.

If you don't like it, then petition Congress to change the law.

I could not care whether the law lets them adjust or not. If they want to use the system like that then good on them. This is my opinion. I followed the system and waited like everyone else. Other countries do not have the luxury of the VWP, so people like me are extremely thankful to have the VWP and do not abuse such a privilege. People who abuse the VWP to utilize it for something for which it was NEVER intended gives the impression that it's a way to circumvent the requirements, and promoting additional abuse! Edited March 30, 2015 by TheCaptain

[Teddy B 17,251]

I could not care whether the law lets them adjust or not. If they want to use the system like that then good on them. This is my opinion. I followed the system and waited like everyone else. Other countries do not have the luxury of the VWP, so people like me are extremely thankful to have the VWP and do not abuse such a privilege. People who abuse the VWP to utilize it for something for which it was NEVER intended gives the impression that it's a way to circumvent the requirements, and promoting additional abuse!

You may want to read this thread here: http://www.visajourney.com/forums/topic/542316-aos-from-tourist-visa-threads-being-shut-down/

[Boiler 43,391]

Not a VWP issue, vast majority on those entering on non immigrant visas can adjust in these circumstances.

[aaron2020 11,651]

I could not care whether the law lets them adjust or not. If they want to use the system like that then good on them. This is my opinion. I followed the system and waited like everyone else. Other countries do not have the luxury of the VWP, so people like me are extremely thankful to have the VWP and do not abuse such a privilege. People who abuse the VWP to utilize it for something for which it was NEVER intended gives the impression that it's a way to circumvent the requirements, and promoting additional abuse!

Where is the abuse when the law allows them to adjust?

Lots of things in the law is unintended. The 401(k) for example.

Please explain how it's abuse when the law specifically (Matter of Battista & Matter of Cavazos) allows for the adjustment?

As you stated, you don't care whether the law allows them to adjust or not. You seem hurt that someone is getting here faster than the way you did it.

Jealousy is an ugly thing.

Edited March 30, 2015 by aaron2020

[Boiler 43,391]

How is any of this speculation answering the OPs question?

[TBoneTX 43,011]

Four more posts have been removed and two members have been thread-banned, for violating the previous moderation directive herein. Two of the four post-removals were for quoting the removed material.

TBoneTX

VJ Moderation

Edited March 30, 2015 by TBoneTX

[aaron2020 11,651]

How is any of this speculation answering the OPs question?

The OP's question has already been answered by the BIA in Matter of Battista and Matter of Cavazos.

They can adjust and immigrant intent alone does not matter.

The rest of the discussion is how many are butttt hurt that someone else is getting here faster than them or their love ones.

The law has a way to deal with people adjusting from the VWP. People are buttt hurt that the government allows them to adjust rather than punish them for "abusing the VWP."

[Gosia & Tito 199]

Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

People change their minds and things can be decided in a moment.

I would think that the fact you kave K1 actually does help prove that this was a sudden decision.

However, the logistics might be tricky, since AOS will take some time to get travel documentation and your spouse will be stuck here until that is processed. In the meantime, jobs, family and stuff down under will have to be on the side.

[nesta37 3]

No advice about if its allowed. But we filed for K1 visa in april 2014 - in may 2014 I found out my old job in the US was available again I applied and got it. I got a L1 visa to work in the us for the next 3 years. We moved in august 2014. Got married in october 2014 and filed for the AOS a few weeks ago. I know its not the same - but my personal believe (not backed up by proof) is that since our marriage is genuine( we have 2 kids together , lived in canada for the past 3 years together) we will not have an issue getting approved. if I don't get approved then there is something wrong with the system. I personally would check in your proof of genuine marriage if its strong - don't worry about marrying now and going the AOS route. But again this my personal opinion not law.