ValerieA

I come from a country where the spouses are both responsible for either spouse's debt, so I'm not versed on your debts not being visited upon her if something happened to you. However, I have done my husband's taxes for the last few years, and it really does improve your tax situation significantly if you file married, filing jointly as opposed to married, filing separately. If you refiled your tax returns, you may get a refund (or a reduction in your tax bill, if you still owe the gov't money).

It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.

It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.

It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.

It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.

Erroneous opinions stated as facts have no place in a posting asking for actual facts. Please leave your opinions in the lower forums, where they belong.

Erroneous opinions stated as facts have no place in a posting asking for actual facts. Please leave your opinions in the lower forums, where they belong.

Erroneous opinions stated as facts have no place in a posting asking for actual facts. Please leave your opinions in the lower forums, where they belong.

Erroneous opinions stated as facts have no place in a posting asking for actual facts. Please leave your opinions in the lower forums, where they belong.

It is LEGAL! > http://www.visajourney.com/forums/topic/590950-aoseadap-from-b2-visa/page-2#entry8083787
OP, follow this guide> http://www.visajourney.com/content/i130guide2

I know you want to be here soon, so you can visit him...but I just wanted to give you one more option. You could get married now, then apply for your CR-1/IR-1 visa in a couple of years. If you did it this way, then you would get the IR-1 when you came over - and wouldn't have to do the removal of conditions phase (the CR-1 is the IR-1, but because you would have been married for two years, means it wouldn't be conditional). Since he has three years until he gets out, you would still be here in time for his release, and you wouldn't have to pay the $1010 and go through all the paperwork to remove conditions.

Just ignore this. That is a very old thread. At one point, the San Diego office was denying VWP if the person had overstayed, but soon the ruling came down that overstay did not matter for VWP, just as it does not for any immediate relative of a US citizen.
Having said that, it is true that VWP does not have an appeal, but if you have a bonafide marriage (and proof of such), you should have no issues.

Just ignore this. That is a very old thread. At one point, the San Diego office was denying VWP if the person had overstayed, but soon the ruling came down that overstay did not matter for VWP, just as it does not for any immediate relative of a US citizen.
Having said that, it is true that VWP does not have an appeal, but if you have a bonafide marriage (and proof of such), you should have no issues.

Just ignore this. That is a very old thread. At one point, the San Diego office was denying VWP if the person had overstayed, but soon the ruling came down that overstay did not matter for VWP, just as it does not for any immediate relative of a US citizen.
Having said that, it is true that VWP does not have an appeal, but if you have a bonafide marriage (and proof of such), you should have no issues.

Yup. Intent is no longer an issue; they determined she did not have intent when they allowed her into the country. She is fine to stay and adjust, as long as she did not outright lie at the border about something that would have caused them to deny entry.

15 month eh ? You poor thing, it took us 5 years, doing everything by the book, crossing every t and dotting every i.
Sleepless nights and hardship you suffered in those 15 month, I get it but don't you think
that thousands of children and young adults who were brought here as infants aren't facing tremendous lifelong hardships if send back ?
Those who would be send back to a country they don't even know nor speak the language and where they suffer and starve ?
I am speaking here of DACA kids/teens/young adults whose parents made them come and they did not have a choice to say : I can't go I would be
undocumented.
What of those kids ? You want them herded like cattle and shipped back like life stock because you had to wait 15 months ? Seriously ?
I am appalled by your strong words of cattle truck.
I am all for entering the country legally but your post reflects the disdain towards undocumented immigrants I was previously talking about.
Hating a group of people because you didn't go fast enough through the process when it is the responsibility of the USCIS to keep things
flowing is not seeing the big picture. This misguided energy needs to be channeled on action to better management of all service
centers. Instead of wanting to ship "them back on cattle trucks" why don't you do something productive to find a solution ?
They are already here. Deal with it.

Okay, I barfed. Am I alone?

The bank statement is not an issue - it's a good thing to have a joint account as evidence. Age gap isn't a problem, either, as long as you have evidence that you have a bonafide marriage. Does she have enough income to meet the requirements?

Unfortunately, since your fiance is not already in the US, this option is not open to you - she can not cross the border intending to immigrate on that trip on the VWP.

Boiler is correct, the ban is placed on you when you leave the country, so if you do leave, you won't be allowed back for 10 years without a waiver. AOS is likely preferable - I don't know what the UK rules are, I somehow think they are tougher - but your spouse will either have to get a job that covers all of you or get a sponsor.

While what you say is technically true, this site has strict rules to be adhered to - the TOS - and as such no one here can advocate something that is definitely illegal.

Unfortunately, since your fiance is not already in the US, this option is not open to you - she can not cross the border intending to immigrate on that trip on the VWP.

Nope. Not our business. OP had specific questions, and all that matters is answering them.

Nope. Not our business. OP had specific questions, and all that matters is answering them.

Sorry, Penguin, I was away for the weekend. I would say "AOS From K-Visas" so it includes K-2 and whatnot, also. I think I have that right - K-2 also requires AOS, right? And the forum in question could be something like "AOS From Non-K Visas/ESTA/VWP" or the same as it is now, but including ESTA/VWP in it. The important thing is to get the word "family" out of there because that really confuses people.
Regarding the rewording, this part is not true.
If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.
If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.
To make it accurate and informative, it should be more along the lines of:
Your fiance/fiancee can not come to the US on a tourist visa with the intent of immigration and marriage. This constitutes visa fraud. The K-1 visa should be filed (using an I-129f) to avoid a denial at customs and deportation.
If you are already married, your spouse can not come to the US on a tourist visa with the intent of immigration and marriage. This constitutes visa fraud. An I-130 for the CR-1 visa should be filed with the relative outside of the U.S. to avoid a denial at customs and deportation.
You could also include links to the appropriate guide in each section. As it stands, once the spouse is in the US they have been judged to not have immigrant intent, so they are fine to file AOS. In fact, once a person comes on here and we have established their spouse is in the US, we should not ever even ask about intent.
Do you guys think we should include a paragraph about possible consequences of lying to a border guard or USCIS official? Or is that overkill?