Been married for 5 yrs, AOS option???

F

fromabroadwoman

Registered Users (C)
Hello,

I have another question so I write a new post.
I know that normally the consular processing is the one for me since we've been married for so long and got married outside of the United States,
but what if I'm already in the States on my Visa Waiver and we decide that we do want to live together in the States, can I apply for AOS then, or is that option only available for those who met in the States, got married, then file for it???
 
it's is not about where you got married or where you met. It's about how you entered the country and whether you are in legal status. If you entered legally and with inspection, then you generally are eligible for AOS. All you have to find out - whether you are eligible for AOS since you entered on a visa waiver and whether you have to still be in status on a visa waiver to apply for AOS (this doesn't apply to those who are in a different status or out of it). Look that up, and other than that - go for AOS.

Make sure you do not get married within the first 60 days since your arrival and do not apply for AOS within the first 90 days of your arrival.
 
But I am already married, then what??

The thing is I am already married since 5 yrs, that is why I need to know if I am already in the States on a visa waiver, can I stay and apply for AOS or will they think the intention on coming there under the visa waiver was for the purpose of staying in the States?
We may have taken that decision while me being in the States, and it's not like we have a fraud marriage, just didn't want to live in the States before, therefore never applied for it.
 
ok, so you are already married. Do not apply for AOS for 90 days since your latest arrival.

http://www.washingtonwatchdog.org/documents/cfr/title8/part245.html#245.1

(8) Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the Act and part 217 of this chapter other than an immediate relative as defined in section 201(b) of the Act;


so, apparently, if you are an immediate relative, you can apply for AOS even if you entered on a visa waiver.
 
LucyMO said:
ok, so you are already married. Do not apply for AOS for 90 days since your latest arrival.

http://www.washingtonwatchdog.org/documents/cfr/title8/part245.html#245.1

(8) Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the Act and part 217 of this chapter other than an immediate relative as defined in section 201(b) of the Act;


so, apparently, if you are an immediate relative, you can apply for AOS even if you entered on a visa waiver.
Click to expand...

Yes, under some circumstances you can, but be very careful with this. It presents issues of intent. These scenarios are very fact-specific, so your last sentence should not be seen as encouragement.
 
pianoplayer said:
Yes, under some circumstances you can, but be very careful with this. It presents issues of intent. These scenarios are very fact-specific, so your last sentence should not be seen as encouragement.
Click to expand...

do you mean this one: "so, apparently, if you are an immediate relative, you can apply for AOS even if you entered on a visa waiver"?

then, let me rephrase it: so, apparently, if you are an immediate relative of a US citizen, you could be eligible for AOS. :)
 
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