AOS on Visa Waiver Program

[Tjd2006 6]

Hi Everyone, 

My fiancé and I decided to get married at the last minute. We have yet to even get married yet and I'm in a complete panic. He is here from Portugal on the visa waiver program. His waiver expires on August 2nd, 2017. We basically have nothing that we need to file the I485 because we had absolutely no intention of getting married. I have about 10 business days and there is no way we are going to be able to obtain his vaccine records and birth certificate in that time. Do we have any options?

[troika 307]

i guess it's not really what you want to do, but if you get married and he goes back to Portugal before the 2nd of Aug, get all the documents and file for CR1. I wouldn't risk overstaying on the WVP.

[Tjd2006 6]

Hmm. Well his birth certificate is in the mail. Looks like the medical exam isn't required until the interview. So as long as his birth certificate gets here in time I see no issue filing for AOS...

[Hypnos 6,576]

Any overstay will not prevent his AoS from being approved, but it will mean that he's permanently ineligible to use the VWP ever again. 

 

If you change your mind again at some point in the future, he would always now need to have a visa to visit you. 

[Unshakable Faith 493]

Go ahead and start getting the documentation together.   I would say get married and file AOS as soon as possible, preferably before he is out of status.  He will be out of status once his 90 days runs out and until you file AOS but any overstay will be forgiven when marrying a USC as long as he entered legally (which you said he did because he came on VWP with no intention to AOS).

[Tjd2006 6]

Thanks guys. One other question how does the government decide if you overstayed? Say if we get married and post mark the documents by August 1st do they use the postmark date?

[Coco8 1,042]

4 minutes ago, Tjd2006 said:

Thanks guys. One other question how does the government decide if you overstayed? Say if we get married and post mark the documents by August 1st do they use the postmark date?

Overstay is forgiven anyway as long as he does not leave the country before the AOS is complete (or gets AP). The reason why people say you should do your best to send the application before that date is to (1) avoid any problems if he encounters ICE or (2) if you change your mind about AOS and he has to go back to Portugal. 

 

Since you are filing for AOS, remember to send the form for his EAD and for AP (i-131) at the same time. It is free and it is best to send everything at the same time. 

 

The birth certificate can be a photocopy so they can scan and email it to you, in case the mail takes forever.

[troika 307]

This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

[Coco8 1,042]

1 minute ago, troika said:

This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

Because coming with the intention of marriage is fraud. Deciding to marry once you are in the US is not fraud.

[troika 307]

1 minute ago, Coco8 said:

Because coming with the intention of marriage is fraud. Deciding to marry once you are in the US is not fraud.

ah, gotcha .... 

[edsperfect 25]

It does not sound to me like either of you want to get married at all.

[Tjd2006 6]

Just now, edsperfect said:

It does not sound to me like either of you want to get married at all.

Excuse me? 

[Tjd2006 6]

14 minutes ago, edsperfect said:

It does not sound to me like either of you want to get married at all.

I'm not sure where your judgement comes from. No we had no intention of getting married as this was the first time we had met? I'm not crazy and didn't decide to marry someone I had never met in person nor did I even think about it until I got to know him better? 

 

I am am extremely thankful to the members of this forum who provides me helpful advice. 

 

I could however go without your misplaced and unfounded judgement. 

[Jordan8768 107]

17 minutes ago, edsperfect said:

It does not sound to me like either of you want to get married at all.

It sounds like they want to get married. It sounds like they're stressed about the process of adjusting status in limited time, which is normal. Don't make unfair assumptions about other people! 

[Tjd2006 6]

3 minutes ago, Jordan8768 said:

It sounds like they want to get married. It sounds like they're stressed about the process of adjusting status in limited time, which is normal. Don't make unfair assumptions about other people! 

Jordan, that is exactly the case. Thank you very much.