SOflaherty

When you say denied, what happens if he GOT denied by doing the VWP route?? you mean like, Deported or what?

Also.. What if we got married on the VWP, and he returned home, then what do we file? i seen on an agreement thing uhm the i-485 i think it is. States that a Visa Waiver program holder cant adjust status (AOS) UNLESS.. he/she has a spouse,relative etc who is a US citizen, so what if we done that? married on VWP then returned hme? we arent breaking laws correct? as he returned home, but since hes married to an US citizen, what happens or what do we do from there???????

Correct, if he is denied for any reason while going through a VWP adjustment, he waives the right to an appeal, and he will be deported. Denials are not common if you do it all correctly, but adjusting through the VWP really is a one-shot deal.

If you get married while he is on the VWP and he leaves, you'll need to go the CR-1 route. He may or may not be allowed to visit on the VWP while you are doing the CR-1 process, but I know applicants are usually scrutinized heavily because there is fears with a wife in the country he will decide to just stay rather than only staying the length of his visit. You will have no problems visiting him where he is at during the CR-1 process, and it's a much 'safer' bet than doing a VWP adjustment.

It shouldn't cause you any problems, and your wife won't have to prove income at the Removal of Conditions, so the period of unemployment shouldn't even come up.

Typically it is that if you have been married 2 years at the time of your interview you get the 10 year, but you have a REALLY long delay in approval that may complicate things.

I would say you will *probably* get the 2 year card, but I can't say for certain with there being a year between your interview and approval. That's an odd one!

Anyone seen a case like this before?

I think whoever asked you if you are a gambler had the best answer People adjust on the VWP every day. Literally every day. It is a legal way to do it, and it's been proven time and time again that intent is not enough to disqualify someone from adjusting based on marriage when the case would otherwise be approved.

That said, there is no guarantee. We saw issues last spring where for awhile in a certain jurisdiction these cases were being held up or denied because it is considered a slightly grey area. It went to the circuit court in a lot of places and was deemed allowed for the most part. I've not heard of anyone being denied since, but that doesn't mean it doesn't happen.

The absolute safest route is to go the K-1 or CR-1, but the VWP to Adjustment route is faster, and you have the opportunity to do it. You really have to think hard about it though because if he is denied on the VWP adjustment, that's it, he doesn't get a second chance or appeal.

If you are not a gambler you are best going a fiancee visa or such

He won't be deported if he has a pending I-485, they wait until that has been decided unless he has committed a crime, so I wouldn't sweat that too much.

I know one of the I-485's will be rejected due to him having another one pending, but I can't remember which one takes precedence, I would assume the one that was filed first. Needless to say it would be a VERY good idea to send in a notarized letter along with a copy of his divorce papers letting them know to cancel the old case so it doesn't tangle up the new one. Be sure to let them know he has a current pending case and reference the case number. An Infopass appointment might be the fastest way to get that done.

Now that the OP's boyfriend intends to adjust, he can not leave the country until he receives his AP or green card.

This is visa fraud and a violation of the TOS of this website. He cannot leave, come back and marry and adjust status.

He can actually, very easily. You confuse ethics with legality. The legality is that he has a valid F1 which he will be returning on, his intent when he comes back has no bearing on anything at this point. The US Government is very aware that circumstances change and minds change, otherwise it would be flat-out illegal to adjust status on an F1, but it's not.

Legally he has every right to do so on a valid F1, regardless of when he decides to marry, and your opinion of the ethical side of that doesn't change anything.

OP, please note the dissenters did NOT adjust from a tourist or student visa, and many who do the family visa process like they did(IR-1, K-1) have very set ideas on how it *should* be done because that's how *they* did it. No one here is advising you to do anything illegal - there is a reason we have an 'Adjustment from Work,Student' and Tourist Visa' forum, because it is an alternate but perfectly legal way to do it. Some people just can't handle anyone doing it differently than they did.

OP, just to clarify in a lot less words...Your boyfriend has authorized stay here on his F1 into 2014, so you are good there(AOS takes 3-5 months lately). If he is planning to tie up some loose ends during a trip home next month, I would let him do that, and then marry and adjust once he comes back. They won't give him a hard time because he's already on an F1 status, whereas if you marry first, you'll have to wait 8 weeks or so from the time of filing for advanced parole to be approved since he'll have a pending AOS. With a valid F1 they might not care about the AOS and him leaving, but better safe than sorry when traveling.

It's not a problem to marry and adjust on an F1, but if he is already planning to go back to take care of things, getting married after he comes back will mean he won't have to delay that trip. (I'm not touching the 'intent' thing since last I heard border patrol hasn't employed mind readers, they'd only know you intend to marry if he tells them.)

We did AOS from VWP as well and had no issue. It's not guaranteed, but most people who go through it have no problems.

Holy cow what a wait!!!! So glad it worked out for you, can't wait to see that you have your green card in hand!!!!

There is no problems getting married less than 60 days after arrival, people do it all the time without issue.

OP, DH and I married 3 weeks after he arrived and had no problems.

Hypnos, any word on your case yet?

Just wanted to pop in and let you guys know I've been following the thread and hope everyone gets wrapped up soon! So sorry there are so many delays going on

It's really not a good idea to try and adjust status from a VWP.

You came with the intention of immigration on a non-immigrant entry. This can be construed as immigration fraud, and trying to 'beat the system' is never a good idea.....you may or may not be allowed to stay....you might end up having to leave, with a lifetime ban!

If a person comes on a VWP and suddenly decides to marry and adjust status, it's sometimes forgiven, but you've declared your immigrant intent by starting to file papers already.

Also....if you get turned down, there's no chance to appeal from the VWP.

If somebody more knowledgeable wants to correct me, please feel free, but I'm pretty sure I'm right.

Right and wrong. It's not 'sometimes forgiven', people do this successfully every single day. I have NEVER heard a case where intention was even mentioned at a VWP/AOS interview, and even if it were, intent is not enough to be able to deny an otherwise approvable case, there has to be a problem with the application or inadmissibility of the beneficiary. Yes, if it is denied you do not get to appeal, so it is a serious undertaking, but it's not nearly the scary thing people like to go on about here, and it's not the horrible thing K-1's like to complain about. It's a perfectly legal and acceptable way of adjusting, so long as you do it correctly on the first try.

Sounds like you should be just fine, just be sure to follow the guides to the letter. My husband is from Ireland and just finished adjusting after a 2 year overstay, no problems

I didn't submit or bring any custody papers(I have three kids with my ex husband) and was never asked for them.

Our interview experience, FINALLY! It's been such a crazy week with the kids and Paul starting his new job!

We got to the Atlanta USCIS building in Atlanta at 7:20, our interview was scheduled for 8am. Only a couple of people in line for security, and it was JUST like going through for airline security. Checked in downstairs, and they sent us to the 3rd floor waiting room.

There were about 6-8 other couples in there with us, only one of them had a lawyer with them, another had one show up who introduced herself to the couple, must have been someone else from the firm they used. Two couples seemed to have their whole family with them(5+ people sitting together). Some people were in jeans and tshirts, a few in suits, most in business-casual type stuff(think church clothes). Couples were being called back pretty steadily, and we got called somewhere around 8:05.

Our officer was an African-American man in his 40's(?) last name Singleton. He was VERY stern and serious, and stayed that way pretty much the entire time. It made me nervous, because I am used to people who are more personable, and this guy never really smiled at all.

He told us our interview would be in two parts, one for the marriage and one for the i-485. He took our ID's and Paul's i-94. He asked me to confirm my name, address, and daytime phone number. He asked Paul his full name, daytime phone number, and asked why he didn't have a driver's licence yet(AL won't allow since he is out of status). He then asked for anything additional we'd brought with us to prove the marriage. He made a comment about 'but I've already made up my mind about you two' that I was curious about, but let slide because I was so nervous. We handed over the joint bank statements, statement showing him as a non-driver on my insurance, father's day cards from my kids, and an envelope of pictures. He really just kind of glanced over most of it, and started flipping through the pictures. Then he did the standard yes/no's, sort of pausing and clairfying about Paul's weapons training(he was int he Irish army for a few years) but it wasn't an issue.

He then told us he wanted to approve our case, BUT...He needed a new translation of Paul's divorce papers because he'd done them himself. You guys know LOADS of people on VJ have done their own and had no problems, but for whatever reason they were not ok with this there. He said it could even be done through Google Translate(the person doing it didn't have to speak Danish) but they just needed someone else's signature on the papers other than ours. He reccomended going next door to an immigrant services office that had set up there, they did translations, notary, etc, and gave us until 3pm that day to get it back to him, otherwise we'd have to mail it in.

He mentioned again how if it were up to him we'd be approved on the spot, and said again how he'd already made up his mind about us. I was making a joke and said 'Oh, don't believe everything you hear!', and he said no, it was the pictures of the tattoos. About a year ago he and I had gone and gotten similar themed tattoos together with each other's names, our wedding date, and his family motto. I ended up sending pictures of those in because I figured it has to be pretty sure proof we are really in a relationship, right? Paul now says it was the best $500 we ever spent...LOL. The officer asked were we drinking when we did it(no), and said he thought it was crazy, but it definitly convinced him. We just needed the translated doc and we'd be approved.

We went to the place next door, and once we explained what we needed, they got us fixed up pretty quick. Paul ended up re-typing his divorce document because of all the weird Danish characters, and the guy working there just ran it through Google Translate for us and put it on their letterhead and signed it and we went back to USCIS.(Yes, we did get charged $20 instead of $30 since Paul did most of the work! LOL!)

We checked in downstairs again, and she had us sit and wait while they tried to get hold of our officer so he could come down and get the documents. We waited a bit, and then realized it was 10:40, and checkout at the hotel was 11, so Paul said why don't you run back over(hotel was literally around the corner, 45 second drive away) and get us checked out and come back. So ran and did that, and as I was leaving the hotel again, Paul called me. It's done! Approved! LOL! I missed the whole thing because I had to go check us out of the hotel! He said the guy was nice and more relaxed and almost smiled even, so I'm really sorry I missed that part I picked him up outside the building and we headed back the 6 hours to Mobile

Why rent an apartment? Renting a house is usually cheaper and less chance of being asked things like proof of status for occupants.

Alabama doesn't either.

OP, use whichever you plan to use going forward.

Agreed, as he is on H1B(so long as it's not expired) he is working legally, so they can use his income as well.

So glad it finally showed up!!!

I don't see the point in sending it at all. No one is ever flat-out asked about intention, and to try to 'prove' it without being asked may be volunteering too much info.

Btw, keep in mind people here like to make a big fuss about intention, but the fact is intention alone is NOT enough for them to deny a case that would otherwise be approve-able, so it's something of a mountain out of a molehill if you ask me.

Hey guys, got RFE'd at interview but was able to resolve it in an hour and got the approval then on the spot. Wrecked tired from the 6 hour drive(twice in 24 hours!) but will post interview experience in a day or so!

So glad things are going well for you. Wishing you the best in these tough times.

40 miles each way is a long drive, I understand why he wouldn't want to do it if the increased gas cost wouldn't be offset by the extra hours.

I just can't get past the idea that you went and bought a house when you clearly couldn't afford it based on what the two of you were making at the time. Why??