Aos questions

[Whitty121 1]

Hi.

 

im filling in the various forms to file for an aos. I came over on a visa waiver ( from the uk ) but as my girlfriends divorce came through and she has now become pregnant we have gotten married. Before people start, no this was not my intention, she was still married when I came over and I can prove I had every intention on returning home on the 16th.

 

i need help with a few of the questions on the forms please.

 

on form I-485 part 1 it asks for current uscis staus, i94 record number and an expiration date. 

 

It it then asks in part 2 why I'm applying for an adjustment, I can't see one that applies to me.

 

in part 3 It says what status did I enter, that would be visa waiver or visitor wouldn't it ? It also asks if I was inspected by an immigration officer, that would be the officer at the airport so I'm guessing yes ?

 

on form i-765 what do I put as current immigration status ? Is that visa waiver or visitor ? 

 

It it also asks for an i94 number. I've printed off my i94 history but I can only see my passport number...

 

 

i hope hope someone can help please

thanks

mark

 

 

 

 

[grumpybrit 22]

16 hours ago, Whitty121 said:

Hi.

 

im filling in the various forms to file for an aos. I came over on a visa waiver ( from the uk ) but as my girlfriends divorce came through and she has now become pregnant we have gotten married. Before people start, no this was not my intention, she was still married when I came over and I can prove I had every intention on returning home on the 16th.

 

i need help with a few of the questions on the forms please.

 

on form I-485 part 1 it asks for current uscis staus, i94 record number and an expiration date. 

 

It it then asks in part 2 why I'm applying for an adjustment, I can't see one that applies to me.

 

in part 3 It says what status did I enter, that would be visa waiver or visitor wouldn't it ? It also asks if I was inspected by an immigration officer, that would be the officer at the airport so I'm guessing yes ?

 

on form i-765 what do I put as current immigration status ? Is that visa waiver or visitor ? 

 

It it also asks for an i94 number. I've printed off my i94 history but I can only see my passport number...

 

 

i hope hope someone can help please

thanks

mark

 

 

 

 

 

 

For the record, this is WAAAAAAY easier if you get a K1 Visa... Anyway, from the top!

 

1) Have you been here longer than 90 days?

 

2) What evidence do you have that you did not enter fraudulently on the VWP (return ticket won't cut it, and you are going to need a lot of evidence)

 

3) In part 1 your current USCIS status would be "Entered under VWP"

 

4) In part 2 the answer would be "a" (It assumes I-130 processing)

 

5) Entrance status would be VWP, and yes you were inspected at the airport

 

6) On form I-765 your status would be "VWP adjusting status"

 

As for the I-94 number requirements, leave them blank as you will not have one filing from VWP. 

 

Now, cautionary note, this is not going to be easy! You will probably be accused of Immigration Fraud and you will have to prove otherwise. The burden of proof is on you here, effectively "guilty until you prove you are innocent". If you fail to prove your innocence you will be deported and face an even harder battle to get back to your wife and child. Why not return home and apply for a spouse Visa?

[Whitty121 1]

Thank you for replying.

 

I've been here 70ish days, as for going back and filing from there, there is no way I'm going to leave my wife to go through pregnancy alone, plus at the current time frame the visa would not be sorted in time and there is no way in hell im missing the birth of my first and most likely only child.

 

i came over purely for a visit, she was still married when I got here and we had no idea when it would be final as they couldn't find her husband. I'd just moved my mother in with me in England and she will now need to find somewhere new to live, I've left my dogs behind, there is more but the rest is very personal.

 

this was never our plan, she wants to move to the uk but she can't due to custody problems with her son, the plan was to keep visiting for this year while she tried to sort that out, then either she would move in with me or I would go through the normal channels I.e k1. But things happen and now we are adjusting as we go.

[Transborderwife 4,666]

5 hours ago, grumpybrit said:

For the record, this is WAAAAAAY easier if you get a K1 Visa... Anyway, from the top!

 

1) Have you been here longer than 90 days?

 

2) What evidence do you have that you did not enter fraudulently on the VWP (return ticket won't cut it, and you are going to need a lot of evidence)

 

3) In part 1 your current USCIS status would be "Entered under VWP"

 

4) In part 2 the answer would be "a" (It assumes I-130 processing)

 

5) Entrance status would be VWP, and yes you were inspected at the airport

 

6) On form I-765 your status would be "VWP adjusting status"

 

As for the I-94 number requirements, leave them blank as you will not have one filing from VWP. 

 

Now, cautionary note, this is not going to be easy! You will probably be accused of Immigration Fraud and you will have to prove otherwise. The burden of proof is on you here, effectively "guilty until you prove you are innocent". If you fail to prove your innocence you will be deported and face an even harder battle to get back to your wife and child. Why not return home and apply for a spouse Visa?

Wrong.  The burden of proof that it's not immigration fraud is not on Op.  poor advice.

[grumpybrit 22]

1 hour ago, Transborderwife said:

Wrong.  The burden of proof that it's not immigration fraud is not on Op.  poor advice.

How so? He has to prove to USCIS that he intended to return home, so the burden of proof is on him.

[grumpybrit 22]

1 hour ago, Whitty121 said:

Thank you for replying.

 

I've been here 70ish days, as for going back and filing from there, there is no way I'm going to leave my wife to go through pregnancy alone, plus at the current time frame the visa would not be sorted in time and there is no way in hell im missing the birth of my first and most likely only child.

 

i came over purely for a visit, she was still married when I got here and we had no idea when it would be final as they couldn't find her husband. I'd just moved my mother in with me in England and she will now need to find somewhere new to live, I've left my dogs behind, there is more but the rest is very personal.

 

this was never our plan, she wants to move to the uk but she can't due to custody problems with her son, the plan was to keep visiting for this year while she tried to sort that out, then either she would move in with me or I would go through the normal channels I.e k1. But things happen and now we are adjusting as we go.

Yeah man, things happen! Best of luck with the AOS, let us know how it goes.

[Transborderwife 4,666]

11 minutes ago, grumpybrit said:

How so? He has to prove to USCIS that he intended to return home, so the burden of proof is on him.

No he doesn't.  Once he's here intent isn't enough to deny aos.

 

i challenge you to find at least one case on vj where this hs happened 

[grumpybrit 22]

5 minutes ago, Transborderwife said:

No he doesn't.  Once he's here intent isn't enough to deny aos.

 

i challenge you to find at least one case on vj where this hs happened 

Correct, intent is not enough to deny. Visa fraud however is and he would need to get a waiver should USCIS rule that he entered using the VWP under false pretenses.

 

If this wasn't the case no one would bother with the K-1 process if they lived in a VWP eligible country.

 

I am not saying this is a definite outcome, I am advising him to be prepared as this is certainly something that USCIS are likely to poke at and is a legally grey area at best. Telling him not to worry and that everything is going to be just fine is not helping prepare him for the reality that is USCIS scrutiny.

[Transborderwife 4,666]

1 minute ago, grumpybrit said:

Correct, intent is not enough to deny. Visa fraud however is and he would need to get a waiver should USCIS rule that he entered using the VWP under false pretenses.

 

If this wasn't the case no one would bother with the K-1 process if they lived in a VWP eligible country.

 

I am not saying this is a definite outcome, I am advising him to be prepared as this is certainly something that USCIS are likely to poke at and is a legally grey area at best. Telling him not to worry and that everything is going to be just fine is not helping prepare him for the reality that is USCIS scrutiny.

You're scaremongering unnecessarily.  A waiver is unnecessary.  Many cases AOS just fine off of vwp/b1/2 etc.  this is not a grey area it's a legal path that's been put in place by uscis and it's a disservice to provide this information.

 

once someone is here, they're permitted to AOS, myself being one of them.  No questions asked nor have I seen on VJ anyone being asked any of the things you're mentioning 

[Brit1 54]

7 hours ago, grumpybrit said:

For the record, this is WAAAAAAY easier if you get a K1 Visa... Anyway, from the top!

 

1) Have you been here longer than 90 days?

 

2) What evidence do you have that you did not enter fraudulently on the VWP (return ticket won't cut it, and you are going to need a lot of evidence)

 

3) In part 1 your current USCIS status would be "Entered under VWP"

 

4) In part 2 the answer would be "a" (It assumes I-130 processing)

 

5) Entrance status would be VWP, and yes you were inspected at the airport

 

6) On form I-765 your status would be "VWP adjusting status"

 

As for the I-94 number requirements, leave them blank as you will not have one filing from VWP. 

 

Now, cautionary note, this is not going to be easy! You will probably be accused of Immigration Fraud and you will have to prove otherwise. The burden of proof is on you here, effectively "guilty until you prove you are innocent". If you fail to prove your innocence you will be deported and face an even harder battle to get back to your wife and child. Why not return home and apply for a spouse Visa?

This is terrible advice, and verging on scare tactics. The OP need not return home and apply for a spousal visa, since he is in the US currently, entered legally, and can legally adjust status to that of a permanent resident.

 

@Whitty121 -- often people on this forum who went through the K1 process look down upon those who enter the US on some other type of visa and the adjust. But in reality, things change; you happened to be here as a tourist and then decided to get married. The burden is not on you to prove that you had good intentions, that was already determined when you were inspected by CBP and admitted to the country.

 

I'm not certain the answers to your technical questions. Are you sure that your electronic I-94 does not have a record number? Note you should be looking at the "get most recent I-94" option and not the "look up travel history" option. 

 

When asked for the status you entered on, I would probably put whatever it says under "class of admission" on your I-94.

 

Good luck -- while the process will take a long time, it'll be pretty straightforward, and on the positive side you get to be with your wife in the run up to this special time

[aaron2020 11,651]

9 minutes ago, grumpybrit said:

Correct, intent is not enough to deny. Visa fraud however is and he would need to get a waiver should USCIS rule that he entered using the VWP under false pretenses.

 

If this wasn't the case no one would bother with the K-1 process if they lived in a VWP eligible country.

 

I am not saying this is a definite outcome, I am advising him to be prepared as this is certainly something that USCIS are likely to poke at and is a legally grey area at best. Telling him not to worry and that everything is going to be just fine is not helping prepare him for the reality that is USCIS scrutiny.

Jesus.  You are so wrong.

[grumpybrit 22]

@Whitty121 -- It appears I am in the minority of believing AOS fromVWP can be risky, so I am just going to leave the official USCIS guidelines for this scenario here and wish you the very best of luck 

[aaron2020 11,651]

8 minutes ago, grumpybrit said:

@Whitty121 -- It appears I am in the minority of believing AOS fromVWP can be risky, so I am just going to leave the official USCIS guidelines for this scenario here and wish you the very best of luck 

A minority of one since no one agrees with you.

 

Show us a single case to support your case.  You will not be able to do it.

 

Read the link that you posted.  Note the part where it says it says IR of USC are NOT PROHIBITED from AOS.  Where does it say they would get in trouble?  NO WHERE.

Edited January 13, 2017 by aaron2020

[Brit1 54]

5 minutes ago, grumpybrit said:

@Whitty121 -- It appears I am in the minority of believing AOS fromVWP can be risky, so I am just going to leave the official USCIS guidelines for this scenario here and wish you the very best of luck 

This document is written for use by field officers, so is full of legalese. It does highlight one difference between entering on VWP and on a visa. Namely, by entering on VWP, one relinquishes one's right to appeal. For the vast majority of cases, this is a technicality that never becomes relevant.

[Transborderwife 4,666]

7 minutes ago, grumpybrit said:

@Whitty121 -- It appears I am in the minority of believing AOS fromVWP can be risky, so I am just going to leave the official USCIS guidelines for this scenario here and wish you the very best of luck 

Guess what?  Aos from a k1 can be risky, ROC can be risky.  Oftentimes uscis takes the attitude it seems of "well they're already here, here's your greencard" rather than suspicion and leaving people to possibly live in the shadows or be hunted down by ICE.  

 

Nowhere in that memorandum did it say that the burden of proof is on the applicant.  The only thing that they cannot do is appeal, in which case one can always re file.