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Married 2 years wife visits on Visa Waiver from Germany, wants to adjust now - help

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Hi,

I am asking this for a friend. I successfully married an Australian while he was here on VWP and did all proper paperwork and got him his green card over five years ago so I am rusty with this stuff.

Our friends situation is this: He is American, his wife is German. They got married two years ago in Las Vegas while she was on a visa waiver. They were not

sure where they would live permanently so they have been flying back and forth on Visa Waiver. She entered the country again this time on May 20, 2015 and has 90 days.

They have decided she wants to stay here. Can they just fill out the I 485 and i 130 concurrently and she will stay in the country until adjustment is completed? If so, under the section for i 95 number since she came on visa waiver there is not one. She has a copy of her ESTA from germany. Should she fill out Visa Waiver under visa type and n/a under i 95 number?

Are there any other options they should choose. She would like to remain here and not be separated from him any longer.

Thanks!


07/04/08 Met each other at a friends party & began dating

12/05/09 trip to Australia

01/29/10 Last entry on B2 - I-94 into US

05/15/10 Get married - wohooo

06/28/10 Submit package via Fed-Ex to Chicago Lockbox includingI-130,I-485 (w/I 683 & I 864) I-131, I-765 & F-1145

06/30/10 Package signed for at 11:58am

07/07/10 Received 7 texts & emails for NOAs

07/08/10 Check cashed for I-485

07/09/10 Check cashed for I-130

07/12/10 Received hardcopy NOA's for I-130, I-485, I-131 & I-765

07/23/10 Touched I-130, I-131, I-765

07/30/10 Visit Congressman's office to ask for help expedating EAD

08/10/10 Service Request through uscis for biometrics sent (told to wait 30 days)

08/14/10 Received Biometrics Appt for Sept 7

08/17/10 Failed walk-in Biometrics at Chula Vista. Very busy, advised to try San Marcos office

08/17/10 Successful walk-in Biometrics at San Marcos Office

08/17/10 First touch ever on I-485 and EAD touched

08/24/10 Touched and e-mail EAD and AP approved

08/31/10 AP arrived

09/03/10 EAD and Interview letter (10/09) arrived

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Suggest they read the Guides at the top of the page.

Mainly all of this -> http://www.visajourney.com/content/i130guide2


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Thanks, but guide only give the option for her to leave and file for a different visa from outside the country. Has anyone successfully adjusted from visa waiver while already married?


07/04/08 Met each other at a friends party & began dating

12/05/09 trip to Australia

01/29/10 Last entry on B2 - I-94 into US

05/15/10 Get married - wohooo

06/28/10 Submit package via Fed-Ex to Chicago Lockbox includingI-130,I-485 (w/I 683 & I 864) I-131, I-765 & F-1145

06/30/10 Package signed for at 11:58am

07/07/10 Received 7 texts & emails for NOAs

07/08/10 Check cashed for I-485

07/09/10 Check cashed for I-130

07/12/10 Received hardcopy NOA's for I-130, I-485, I-131 & I-765

07/23/10 Touched I-130, I-131, I-765

07/30/10 Visit Congressman's office to ask for help expedating EAD

08/10/10 Service Request through uscis for biometrics sent (told to wait 30 days)

08/14/10 Received Biometrics Appt for Sept 7

08/17/10 Failed walk-in Biometrics at Chula Vista. Very busy, advised to try San Marcos office

08/17/10 Successful walk-in Biometrics at San Marcos Office

08/17/10 First touch ever on I-485 and EAD touched

08/24/10 Touched and e-mail EAD and AP approved

08/31/10 AP arrived

09/03/10 EAD and Interview letter (10/09) arrived

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~Moved from Fam.-based AOS to WST-based AOS Forum~

~inquiry about adjusting from visitor visa (VWP)~


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

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Thanks, but guide only give the option for her to leave and file for a different visa from outside the country. Has anyone successfully adjusted from visa waiver while already married?

Sure, many have done so successfully. The link you were given is for AOS inside the US.

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The guide you were already linked is the proper course of action to follow.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I am also interested in this course of action. We have been married since September of last year and are currently flying back and forth and it is really getting us down.

We haven't started the CR1 yet as my husband is not in permanent employment. He is an artist and does "odd jobs" to tide him over between his art projects. I have always had a full-time, permanent job and have an MA.

I am reading of many success stories where people entered under VWP and then completed an AOS without leaving the country following marriage. From what I see, most, if not all, of these cases are people who were not married prior to their arrival. It is therefore easier for them to prove that there was no intent to stay beyond the 90 days. However, as we (and the friend of the OP) are already married, is it not harder to satisfy to an immigration official that we have no intention of staying when we arrive on a VWP entry? Common sense suggests that husbands and wives want to be together, that's the whole point of us being married! I have entered the U.S under the VWP 3 times since we got married in September and always clearly stated my situation ("my husband is a U.S. Citizen and I live in the UK and I am coming to spend a week/2 weeks with him" passport stamped without further ado).

Has anyone successfully completed this route after marriage? I guess the major advantage that I see over the standard CR1 is that we won't have this awful separation. I could arrive as usual and before the 90 days are up he would file the petition? Is that so? If it really is that simple, why are people even bothering with CR1 and putting themselves through this torture of living thousands of miles from your husband/wife?

Edited by JFH

 

 

 

 

 

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Because entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status is considered immigration fraud.

For that reason, it's a subject only permitted to be discussed here if you have already entered the US and are examining your options. If you're planning this from abroad then the discussion will be quickly shut down.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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