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Getting married under visa waiver program

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Filed: Timeline

Hi, sorry if my english is a little bad, my native language is French,

i'm in the usa since two months under the visa waiver program, my girlfriend and i now planning to marrying before the 90 days and apply for an adjustement of status.

We are in Los Angeles and i just want to know if the best is to apply for aos or apply for a spouse visa ( so i have to go back in France but that's not a problem ).

Is Los Angeles a difficult place to obtain an positive answer for aos ?

Sorry if this has been answered before but there is so much about immigration that its easy to get lost in all the forums here.
Thanks in advance for any advice and help.

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi, sorry if my english is a little bad, my native language is French,

i'm in the usa since two months under the visa waiver program, my girlfriend and i now planning to marrying before the 90 days and apply for an adjustement of status.

We are in Los Angeles and i just want to know if the best is to apply for aos or apply for a spouse visa ( so i have to go back in France but that's not a problem ).

Is Los Angeles a difficult place to obtain an positive answer for aos ?

Sorry if this has been answered before but there is so much about immigration that its easy to get lost in all the forums here.

Thanks in advance for any advice and help.

If you entered the country with intent to get married and file for AOS it is considered as visa fraud.

If it was not plannned you can get married and file for aos otherwise u can still get married but return to home country at end of vwp and continue rest of the process from there

Hi, sorry if my english is a little bad, my native language is French,

i'm in the usa since two months under the visa waiver program, my girlfriend and i now planning to marrying before the 90 days and apply for an adjustement of status.

We are in Los Angeles and i just want to know if the best is to apply for aos or apply for a spouse visa ( so i have to go back in France but that's not a problem ).

Is Los Angeles a difficult place to obtain an positive answer for aos ?

Sorry if this has been answered before but there is so much about immigration that its easy to get lost in all the forums here.

Thanks in advance for any advice and help.

If you entered the country with intent to get married and file for AOS it is considered as visa fraud.

If it was not plannned you can get married and file for aos otherwise u can still get married but return to home country at end of vwp and continue rest of the process from there

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Filed: Timeline

As long as you did not intend to emigrate here when you arrived you can apply for AOS my husband did exactly that, he did not have to return to England he just AOS after we married while he was here in the USA

Thank you so much for your answer.

I met my girlfriend in may and i came back in the us in august for 3 months to see her again after two months in France, now we don't really want to be appart and she can't come in France because she is working here, so that's why we want to apply for aos. I never had the intention to be married before to come back here but how can you prove that ? i read somewhere that's aos from waiver is not very sure so do you think apply to a spouse visa is better ? What do you think about Los Angeles and immigration from aos ?

Thanks

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It shouldn't matter the location you file from the rules should be applied the same everywhere. As long as there was no intent, just AOS. It's what I did. It took 4 months from filing to get my green card and other than being a very tedious process making sure everything is correct its pretty easy.

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Thank you so much for your answer.

I met my girlfriend in may and i came back in the us in august for 3 months to see her again after two months in France, now we don't really want to be appart and she can't come in France because she is working here, so that's why we want to apply for aos. I never had the intention to be married before to come back here but how can you prove that ? i read somewhere that's aos from waiver is not very sure so do you think apply to a spouse visa is better ? What do you think about Los Angeles and immigration from aos ?

Thanks

You don't have to prove that you did not have intent; intent can not be used as a reason to deny AOS. AOS looks to be the right way to go for you, check out the guide in the menu above and go from there...

AOS is easy and fast, although not all that cheap (still, cheaper than flights to and from France to visit!). The very few denials I have seen stemmed from sham marriages, incorrectly prepared paperwork, or not responding to RFE's (Request For Evidence) within the time frame allowed.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: IR-1/CR-1 Visa Country: Senegal
Timeline

Get married, file AOS and move on...let uscis judge your marriage. No one except you knows your intentions. Uscis officials will sniffing through your claim and determine your eligibility. Good luck

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Filed: K-1 Visa Country: France
Timeline

You can get married here and apply for AOS directly as it was not in your intention to get married originally.

Be careful to not show them anything that would prove that it was in your intention to get married before entering the US.

I would probably prepare for the interview, take a lawyer or something, to be sure to cover everything (I don't say that you need one, I just say that it would reassure me to have one to prepare me for the interview, just in case. That's it :)

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

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Filed: Citizen (pnd) Country: France
Timeline

Once married, file for AOS using that guide: http://www.visajourney.com/content/i130guide2

Be aware that you should not leave the US until you get your green card or Advance parole document (that you get 2-3 months after filing form I-131) in hand. If you do, your AOS application will be considered abandoned.

Good luck!

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

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Thank you so much for your aswers but i think apply for cr1 is the best way

To be honest, I think that given the info you provided and the desire to stay together during the process, AOS is a no-brainer... maybe I am missing something...

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If you didn't enter with intent then there is absolutley no reason to leave. Gaet married file AOS spend xx months worrying and then get your green card, job done. As long as you are in a real relationship tere are no insurmountable problems. Why make the process more painful by throwing in speration, we have just done this its painless especailly from a low fraud country.

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  • 5 months later...

I read that you can not get married and get a marriage license if you are in the US on a visa wavier program ?

is this information correct ? atleast in NYC it is...

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I read that you can not get married and get a marriage license if you are in the US on a visa wavier program ?

is this information correct ? atleast in NYC it is...

No, that is incorrect.

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