Prev K1 expired now on VWP, help... please!!!

[MacUK 983]

As you're in the US already you can do the adjustment.

In my opinion though that CBP officer should be disciplined, one of their jobs is to prevent people doing exactly what you did and this one not only allowed it but gave you advice on it.

One question though, on your previous K-1 entry. You got married within the 90 days but did you also leave to go back to Blighty before the 90 days were up too?

[IcezMan_IcezLady 582]

Somebody did not do his job, good for you but you got to pay more for the process.

[3rd 84]

As you're in the US already you can do the adjustment.

In my opinion though that CBP officer should be disciplined, one of their jobs is to prevent people doing exactly what you did and this one not only allowed it but gave you advice on it.

One question though, on your previous K-1 entry. You got married within the 90 days but did you also leave to go back to Blighty before the 90 days were up too?

I'd love to know the answer to this question too!

I adjusted from VWP, but never had the intent from the start. It was a change of circumstances and it's been a tough road to getting approved. I'd just be prepared for a tough interview, given what you've told here. I don't think you'll get denied but you're going to have to explain to the IO why you left and came back.

[EM_Vandaveer 2,438]

I adjusted from VWP, too (without intent at POE) and had zero problems. Intent alone is NOT a reason to deny. He's in the country, had he overstayed previously, surely he could not come back?

[EM_Vandaveer 2,438]

My bad I understood it as it was when he left the US.

No border control when leaving the US. (At airports, anyway.) Edited March 10, 2016 by EM_Vandaveer

[neoblast 138]

With your luck i would be entering the Lottery.

You should seriously consider playing if you don't already. Returning on vwp was clearly with intent to immigrate, but cbp let you in. That's lucky ! You need to file I-130 and I-485 and with this kind of luck you'll get approve pretty fast.

As for the others who came and adjust from vwp, there's a major difference here. Intent cannot be proven, but when you leave K-1 process unfinished and come back on vwp, I'd bet my socks that intent is pretty clear.

[trca101 0]

As you're in the US already you can do the adjustment.

In my opinion though that CBP officer should be disciplined, one of their jobs is to prevent people doing exactly what you did and this one not only allowed it but gave you advice on it.

One question though, on your previous K-1 entry. You got married within the 90 days but did you also leave to go back to Blighty before the 90 days were up too?

Yes, on my previous K1 I left before the 90 days... I did not overstay...

[trca101 0]

You should seriously consider playing if you don't already. Returning on vwp was clearly with intent to immigrate, but cbp let you in. That's lucky ! You need to file I-130 and I-485 and with this kind of luck you'll get approve pretty fast.

As for the others who came and adjust from vwp, there's a major difference here. Intent cannot be proven, but when you leave K-1 process unfinished and come back on vwp, I'd bet my socks that intent is pretty clear.

Are you serious??? Because from the moment of my last exit of the US on my K1 to this Entry on VWP, I have entered the US on VWP but left obviously without filing AOS as I still had stuff to sort back home... The CBP officer even had this info on his computer and we went through it, that is why I asked him if their is anything I should be aware of before he let me through, I honestly had no problem if he had sent me back, I just wanted to be straight with them.

[neoblast 138]

Are you serious??? Because from the moment of my last exit of the US on my K1 to this Entry on VWP, I have entered the US on VWP but left obviously without filing AOS as I still had stuff to sort back home... The CBP officer even had this info on his computer and we went through it, that is why I asked him if their is anything I should be aware of before he let me through, I honestly had no problem if he had sent me back, I just wanted to be straight with them.

I understand you got the advise you wanted to hear, but keep in mind employees of uscis and cbp are not lawyers and their advise should never be taken at face value.

As for stuff to take care back home they have AP and emergency AP to help with that. That being said I am not a lawyer, I don't pretend to know what will happen.

In most cases the officer would have refused entry if intent could be determined and in your case I think it could. you knew that and that's why you asked him if you should be made aware of anything. Because of he let you in, everything should be fine.

[Boiler 47,502]

You got a lucky break, most people doing this would be on the next plane home. Obviously somebody who did not know what they were doing.