Adjusting status while on VWP - will we encounter issues?

[Nathan&Emily 10]

I'm not debating what USCIS allows for AOS or what is legal per USCIS. I'm bringing up the terms of service of this forum that disallows giving advice to people who come to the U.S. on temporary visas (specially visa waiver and tourist visas) to break the law and go out of status then wait for an immigration benefit. And just a slight differentiation between K-1 and VWP, K-1 is dual intent. CBP assumes the K-1 visa entrant will be adjusting status which is not the case with VWP.

From the TOS

VisaJourney does not condone immigration fraud in any way, shape or manner. VisaJourney recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board.

What he is doing is NOT immigration fraud and any way, shape or manner. He came with no immigration intent. He is married to a US citizen and is eligible to AOS. Not immigration fraud as far as I can see.

[zuluweta 250]

Except its NOT breaking immigration law. Being married to a US citizen means going out of status and the doing AOS is perfectly valid.

I came on a K-1 and got married and as my AOS hasn't been sorted yet and my I-94 has expired I'm out of status. Should I go home?

If you have filed AOS, you should have received or will be receiving a notice which indicates you are in a period of authorized stay. That is the opposite of being out of status. If your I-94 is expired and you have not filed for AOS, technically, you are deportable. Whether you should go home is a decision that's solely up to you.

From the TOS

VisaJourney does not condone immigration fraud in any way, shape or manner. VisaJourney recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board.

What he is doing is NOT immigration fraud and any way, shape or manner. He came with no immigration intent. He is married to a US citizen and is eligible to AOS. Not immigration fraud as far as I can see.

Going out of status on purpose is illegal activity.

[Nathan&Emily 10]

If you have filed AOS, you should have received or will be receiving a notice which indicates you are in a period of authorized stay. That is the opposite of being out of status. If your I-94 is expired and you have not filed for AOS, technically, you are deportable. Whether you should go home is a decision that's solely up to you.

And yet every day advice is given to people on here that it doesn't matter when you AOS from a K-1 and being out of status doesn't matter. How is that any different. The reason its said is because you are married to a US citizen you are eligible to AOS at any time and that would be USCIS response if you were detained. The chances of deportation are very very low.

Anyway said my piece and made my points so I'm out of this thread now.

To emphaise the answer to the OP question

Adjusting status while on VWP - will we encounter issues?

No. This is a perfectly legal and valid route to go regardless of any delay in filing

Edited November 18, 2016 by Nathan&Emily

[llaz 232]

I have a friend that came on VWP and married a USC and adjusted status just fine. No issues, she's got her permanent residency. I don't know about the age situation and what that entails, I would say talk to a lawyer about the age issues and your options! Pay a consultation, ask your questions and make an educated decision on what is best for your case from that.

Thats what I did, paid a lawyer, got the options, VWP, K1 & CR1 and we chose what we believed was the safer route for our situation (K1).

[zuluweta 250]

And yet every day advice is given to people on here that it doesn't matter when you AOS from a K-1 and being out of status doesn't matter. How is that any different. The reason its said is because you are married to a US citizen you are eligible to AOS at any time and that would be USCIS response if you were detained. The chances of deportation are very very low.

Anyway said my piece and made my points so I'm out of this thread now.

To emphaise the answer to the OP question

Adjusting status while on VWP - will we encounter issues?

No. This is a perfectly legal and valid route to go regardless of any delay in filing

K-1 is dual intent. There is immigrant intent. VWP is not. And a K-1 visa holder who does not file AOS before the I-94 expires is technically deportable. No difference there with someone who entered on VWP then decides to overstay the I-94 expiration date but hasn't filed for AOS. Both are deportable.

[llaz 232]

K-1 is dual intent. There is immigrant intent. VWP is not. And a K-1 visa holder who does not file AOS before the I-94 expires is technically deportable. No difference there with someone who entered on VWP then decides to overstay the I-94 expiration date but hasn't filed for AOS. Both are deportable.

VWP does allow you to adjust status if you came into the US without the intent to marry but decided to marry. I paid $100 to have a consultation with a lawyer and this is what she said, it is legal to do so. She had people that were in her cases that she was overseeing that did this, I have a friend that did this, its not illegal.

Going out of status, I don't know about that but you would think that if they didn't want you going out of status then for the k1 visa they would put some clause in the fine print somewhere in the process that you must marry and send adjust status paperwork with 30 days remaining on your visa or something like that but they don't do that.

LPR's are deportable as well depending on what they do in the United States.

[Ash.1101 1,755]

If you have filed AOS, you should have received or will be receiving a notice which indicates you are in a period of authorized stay. That is the opposite of being out of status. If your I-94 is expired and you have not filed for AOS, technically, you are deportable. Whether you should go home is a decision that's solely up to you.

No. When you marry, you just need to show that you have come into the country LEGALLY. There are people that try to find ten year old I-94's to show they came into the country legally.

http://www.visajourney.com/forums/topic/408259-overstayed-tourist-visa-married-us-citizen-but-lost-i-94/

^ Overstayed for two years, requested a copy of a two year old I-94 to AOS off of.

My husbands I-94 expired March 4th, we sent in our AOS application April something, his I-94 was very much expired. No problems, not even an interview.

He went out of status on purpose because we were waiting for money. A LOT of people go out of status on purpose for MULTIPLE reasons, for days, months, years, on K-1 visas, visitors, J1's, F1's, everything.

Here's yet another person who overstayed a tourist visa, AND THEN EVEN GOT MARRIED AFTER THE OVERSTAY: http://www.visajourney.com/forums/topic/525766-overstayed-tourist-visa-got-married-in-need-of-advice/

IF YOU ARE AN IMMEDIATE RELATIVE, YOU DO NOT NEED TO BE IN STATUS TO AOS.

Page 1. Part 1. A. Form I-130 Petition for Alien Relative https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Page 1. Part 1. B. Form I-485. Application to Register Permanant Residence or Adjust Status: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

I-130: If you are a USC you must file a seperate form I-130 for each eligible relative. You may file form I-130 for A. Your spouse.

I-485, Who is eligible for I-485: You may apply to adjust your status if: You are filing this application with a completed relative petition (I-130), special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

With all this said, if you feel that any person out of status is doing anything against VJ's TOS because they "purposely" went out of status or "are deportable". Please, report every thread in the entire Adjustment of Status from Work, Student, and Tourist visas forum (As they all came here on different visas and are staying because of marriage, REGARDLESS OF THE TIME it took to AOS). Please report all people who have overstayed their K-1's, because they don't have the money to AOS. You'd have more than 80% of VJ reported to VJ because of this.

No one's telling them they aren't deportable. ANY POINT OUT OF STATUS, CAN GET YOU IN TROUBLE, no one's denying that. People have told him that already.

I gotta go to sleep. This is ridiculous. But those who have adjusted off of VWP, tourist, anything that ISN'T K-1, immediately or otherwise, PLEASE KEEP POSTING IN THIS THREAD. Don't let the OP think he doesn't have options when he does.

Edited November 18, 2016 by Ash.1101

[zuluweta 250]

VWP does allow you to adjust status if you came into the US without the intent to marry but decided to marry. I paid $100 to have a consultation with a lawyer and this is what she said, it is legal to do so. She had people that were in her cases that she was overseeing that did this, I have a friend that did this, its not illegal.

Going out of status, I don't know about that but you would think that if they didn't want you going out of status then for the k1 visa they would put some clause in the fine print somewhere in the process that you must marry and send adjust status paperwork with 30 days remaining on your visa or something like that but they don't do that.

LPR's are deportable as well depending on what they do in the United States.

I'm not saying USCIS does not allow adjustment of status or visa overstayers. I'm saying this forum's terms of service does not condone advice to commit illegal activity. Telling the original poster to overstay his I-94 on VWP is telling someone to commit illegal activity. That is against the terms of service of this forum.

Yes, LPRs are deportable depending on whether they have a criminal record that makes them deportable. What does this have to do with telling someone to overstay their I-94?

Edited November 18, 2016 by zuluweta

[Ash.1101 1,755]

I hope the OP sees this.


Instructions for form I-864 Page 2, part labeled as signature. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

YOUR WIFE DOES NOT NEED TO BE 18 TO FILE THE I-864. A LEGAL GUARDIAN MAY SIGN FOR HER. 14 and up can sign, if she has been appointed a legal guardian, than the legal guardian may sign. She -can- file an I-864 for you.

You can AOS -now-. You do NOT need to wait if you don't want too.

Edited November 18, 2016 by Ash.1101

[zuluweta 250]

Hypnos is spot on. The cleanest way will be for her to file a CR1 visa for you unless you want to risk being in the U.S. unlawfully for almost a year till your wife turns 18. Not worth the risk considering you can still visit while the CR1 process is going on. You'll just need to show ties to Australia to CBP upon admission to make sure you won't stay longer than admitted. It'll take a year for the process to finish, so you can get an immigrant visa overseas and enter as a permanent resident.

Best advice in this thread.

[llaz 232]

I'm not saying USCIS does not allow adjustment of status or visa overstayers. I'm saying this forum's terms of service does not condone advice to commit illegal activity. Telling the original poster to overstay his I-94 on VWP is telling someone to commit illegal activity. That is against the terms of service of this forum.

Yes, LPRs are deportable depending on whether they have a criminal record that makes them deportable. What does this have to do with telling someone to overstay their I-94?

But if the USCIS allows visa overstayers, isn't that exactly what we are debating about? If the USCIS allows visa overstayers then it must not be illegal.

You were saying that overstaying a visa or adjusting status after a visa is expired no matter if on K1 or VWP may qualify for that person to be deportable, which yes, I agree with that, it is risky business. But is it illegal for a person to wait to adjust status? No, I don't think so. I was just making a point that really anyone is deportable unless you are a USC.

[TBoneTX 43,410]

The OP has gotten proper advice, and people are bickering, so this thread is now closed to further comment.

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