ascertainLovE

could we please not talk about adjusting on VWP or tourist visas on this thread? It will only lead to it being closed down.

why are you so upset? there is a rewards program with USCIS that gives you points based on the amount of time it takes for your visa to process. The longer you wait, the better it is.
10 days = USCIS Bumper Sticker
60 days = $10 off your next application fee
200 days = Special code to avoid wait times to speak to Tier 2 officers
365 days = Electronic or Telephone RFE correction
720 days = Meet and greet with Tier 2 officers and Consular officals
1000 days = Tour of the Texas Service Center, Radioactive suit included
6000 days = Upon death, your application is automatically approved, and you will be considered a citizen of the United States!
So yeah, I would rather be in your position Brett! Be patient!

Somewhat masochistically I want to ride out the Texas Service Center 'till the bitter end. I want to be able to tell my grandkids all the war stories about refreshing the USCIS webpage every day.......

Somewhat shockingly, a lawyer friend of mine told me that those that come on tourist visas and adjust status can file for Advanced Parole. So if there were any loose ends, they could be tied later..

This thread is not meant to discuss or debate anyone's personal feelings about the morality or legality of adjusting status from a tourist visa so please leave that discussion for another thread. Thanks in advance.
I would like to discuss/suggest a change in the moderating procedures when it comes to the threads that ask questions about adjusting status from a tourist visa while already inside the US. These threads in particular have a very high percentage of being hi-jacked and closed without the original poster getting the advice they are looking for and knowing what the proper procedures are. This is usually because some posters allow their personal feelings to override the legality of this process by improperly accusing other posters of fraud and the thread degenerating into a bickering mess. This in turn destroys the integrity of the proper information being given in the thread and leaves the person who originally started the thread more confused than when they asked the question. I would like to find a way of keeping these threads open and allowing the correct information to remain and the person who started the thread getting the information they are looking for, which is the main purpose of VJ.
It is well known by the people here with immigration experience (including the VJ mods) that adjusting status while inside the US from a B1/B2/VWP is a perfectly legal avenue for one to take, this isn't debatable, it is the law. I would like to suggest that instead of the mods simply locking these threads down when the bickering starts, that they remove the bickering and misinformed posts as the first course of action with a warning to the offender(s). The mods could and probably should, also make a point to inform the posters that the process of AOS from a tourist visa is perfectly legal if the person is already in the US and entered legally. That will allow the flow of discussion to continue, the correct information to be given to the person looking for help and the thread to run it's course. If some posters insist on bickering, then perhaps a thread ban or further admin action should be taken, but leave the option of closing the thread as a last resort.
If the VJ mods are directed to remove posts that clearly advocate immigration fraud, (as stated in the TOS), then it would be perfectly acceptable and expected that the mods also remove posts that incorrectly accuse other posters of partaking in immigration fraud. Falsely accusing another member of immigration fraud is also a breach of the VJ TOS. This change in process would help to insure that the correct information is given to the people who are seeking the help of the members on VJ and would cut down greatly on the amount of bickering that takes place in these threads.
Mods/Admin I look forward to your input.

I could not care whether the law lets them adjust or not. If they want to use the system like that then good on them. This is my opinion. I followed the system and waited like everyone else. Other countries do not have the luxury of the VWP, so people like me are extremely thankful to have the VWP and do not abuse such a privilege. People who abuse the VWP to utilize it for something for which it was NEVER intended gives the impression that it's a way to circumvent the requirements, and promoting additional abuse!

Somewhat masochistically I want to ride out the Texas Service Center 'till the bitter end. I want to be able to tell my grandkids all the war stories about refreshing the USCIS webpage every day.......

I don't want to be transferred after all that waiting. At this point in the waiting game better the devil you know than the one you don't know. But for those that haven't been waiting as long this maybe a good thing for them.

Somewhat shockingly, a lawyer friend of mine told me that those that come on tourist visas and adjust status can file for Advanced Parole. So if there were any loose ends, they could be tied later..

Somewhat masochistically I want to ride out the Texas Service Center 'till the bitter end. I want to be able to tell my grandkids all the war stories about refreshing the USCIS webpage every day.......

One simple way is to get a secured credit card from your bank. Charge stuff on there but pay the balance in full at the end of the month.

Sorry, I like reading people's stories and helping the best I can but I'm not touching this one, why would anyone try to help someone with your moral character stay here? You can go back to the Philippines with all your drama....and stop making it harder for the rest of us.

As a ND fan thank you for the Manti Te'o comment hahahahahahahahahahahaha

And that person that just filed will get their NOA2 before I do, although I have waited for damn near 200 days

Whatever. Nothing will change.

For those that have waited 6 months or longer, this transfer means nothing. I hope people respect that. There is nothing wrong with feeling that way either. As it is, my petition will likely take 10-11 months. I hope you understand why one wouldn't jump for joy in such a scenario.

I've been waiting for nearly 7 months. Hurray! I will be approved in 8 months instead of 9!.
No thanks.

Well, I happen to be a lawyer. I am not a California lawyer (though I am prepping for the CA Bar exam now), but I did handle my own summary dissolution in Los Angeles. I am at the Santa Monica Courthouse every week and know that they hold very useful sessions at no cost for people seeking to find out more about the divorce process. I agree that he needs to see a family lawyer, and soon. Going to the free help clinics at Santa Monica Courthouse can help him in that regard, since they can refer him to an attorney who may be able to work with his cost point.
I disagree with the other poster above that he should speak first to an immigration attorney. Get the gears of the divorce turning ASAP, since he cannot file to lift conditions on his own until the divorce is in process.

Wow our little thread has been quite popular lately with the mods. Six plus months of waiting and being lied to being ignored etc has a way of making people hostile speaking for myself personally. Honestly I think we all on this thread have done all that we can do and continue to do what we can. I am happy for everyone that's been approved here on this thread as we've faced this journey together and you guys have given me strengh when I didn't think I could go on. There are some on here that I am pulling for more than myself Avor8 you are definitely one. I hope we continue to uplift each other I really would hate to see the bond and connections we've build be destroyed. Just my two cents.

This is perhaps the most incorrect piece of advice in this thread and you tell the op to ignore everyone else? If he files for Removal Of Conditions now based on his marriage to his wife still being intact, he would be committing fraud and could end up getting deported and banned. If his marriage is over, which by his own admission it clearly is, then he needs to get divorced and file for the removal of conditions with a divorce waiver.

You are wrong.
The expiration date on your conditional greencard is your POE date plus 2 years if you have been married less than 2 years at POE.
If you are still together, then your 90 day window is before that 2 years from POE date.
For example, we were married in October of 2012, POE April of 2013 and filed to remove conditions in January of 2015.
People who are divorced might have different dates for filing, depending on when they divorce during those 2 years.

Ok everyone, I'm not attacking anyone here so no one misunderstand my tone, many of you guys are trying to help but your mixing lots of things up.
Here is the thing. If you signed the contract for your current apartment alone then you are fully obligated to pay that rent your self, if she signed with you then 50/50. In both situations if you can't pay for it and you can't financially support your self, she will have to pay all that but its a long process and a pain the butt to get her or whoever sponsored you to pay for it because you will take them to court but its still an OPTION!!!
Her threatening you of paying for her apartment and s***t, Tell her to do w/e she can do and let me tell you this, She can't do anything unless she divorces you and then the judge decides IF she gets your place or half of it n same for car n money or not. Your wife is obviously from a certain type of women and judges knows them very well i promise, they are at the courts everyday, my opinion she won't be getting so much if none specially because you don't have kids.
Now pay attention to this : If your wife got pregnant she will say its yours. I would not TOUCH her anyways for 2 reasons 1- disease 2- So she wouldn't get pregnant. If she got pregnant from YOU !!!, YOUR SCREWED SIR....and if she just got pregnant tell her sweet then get DNA test..pretty easy and then she will be in a BIG TROUBLE because thats a proof she cheated on you and you won't pay child support and she won't take your house for sure.
What you need to do now is to stay calm, patient and cold like an ice, let her stay with you( if you have a friend, keep him close if you have an enemy keep him closer) ...If she went far from you, you won't be able to know much about her, keep her close and gather evidence, record conversations, take pictures of her with other guys, I would even act like am ok with it even if she wants a threesome and take pictures of them.
Your wife will most likely either get pregnant or get a disease, Im not a psychic but trust me i know, just wait for it, she will make the mistake and then she will totally change with you and will be so nice and will say sorry and s***t again because she messed up, DON'T fall for it but play it along.
I wouldn't go and divorce her now, the more time you have with her, the more proof you have on her and the more proof you have for the greencard self petition.
Your wife won't divorce you, You make good money, she aint worried about no bills or food or anything, she seems to be the type that doesn't work and want yo just drink or do w/e and enjoy life so just suck it up for now for your own good, she NEEDS you, The more she is threatening you, the more scared of you she is, don't show her that your up to anything, stay upset but don't show any weakness because there is no reason !!! .... even if she thought about divorcing to get money, she knows that most likely your will renew your green card on your own and the little money she will get will be spent and she will have nothing...you DON'T have kids so she won't try to get child support to spend on her self till your kid is 18 so she would loose you, your place, food, everything basically then she will have to work or something.
Man, you are in the strong situation, gather your proof and have patience.

Please ignore most comments here. People are saying things that they think is common sense. NOT the law. First of all, before you even think of divorce, get the conditions removed from your greencard. All you have to prove is that you guys have been married for 2 years. That you have plenty of evidence of. Get this done ASAP.
As for your divorce is concerned, Its very complicated. Consult a lawyer. If you cant, go to www.avvo.com and post your questions there. Attorneys will answer your questions for free. You can even pick one of them for your divorce consultations further. People's individual comments are not the best way. Get advice from an attorney.

I'm curious why you left the USA if you knew the K1 was a 1 time entry deal? I hope you get it sorted out.

JamesReneee-
Hey, no reason to react that way. We've all congratulated you on your approval and (at least in my case) it was sincerely done. Objectively, I hope you can understand why there is some skepticism regarding your story. And I don't know that anyone is doubting you per se, but I think what has rubbed a couple of people the wrong way was your advocacy of this approach being something that others could try to pursue as well. Again, I hope you can understand that.
Anyway, to that end I forwarded your story onto my local congressman's office, as I mentioned. I just got off of the phone with them to get their opinion on this deal. Their response was as I suspected: they said that this result is definitely not typical and is unlikely to be repeatable. I asked if she had ever done the exact same thing as you have described and she said "oh yes, I know several supervisors in the TSC. I can call any one of them I'd like." She went on to say that there must be extenuating circumstances to make such a call however. She said that the TSC expects to see some type of extreme situation be present such as terminal illness. Without that it was unlikely that the supervisors would do anything to help. Furthermore I specifically inquired about the "you're past 5 months, so approve me now" argument that your rep made on your behalf. She said that such an argument would not usually result in any action being taken. And with that, I feel that it's safe to conclude that your result is definitely atypical.
Again, we're all glad to see your result and we congratulate you, but respectfully, I would suggest that such an approach not be advocated as an option for other filers. FWIW.