Can i adjust status if I enter on the Visa Waiver

[TallaghtLad]

I am planning on marrying my girlfriend who is a USC in two months time in America. I am planning on entering in on the Visa Waiver and then once married staying there with her.

We have been going out with each other for over 2 years so this is not a marriage of convienience. We just so want to be together and we are both looking forward to getting married.

What do I need to do to adjust status so I can become a permanent resident?

How soon can I start working in the US? I have a job lined up waiting for me.

Will I be able to leave the US to visit family?

I know that the Visa Waiver program does mention that adjusting status is not allowed but I've heard so many people who have done it that i know it must be possible.

Any information would be handy.

Many Thanks,
Mick.

 

[rex1960]

It is only possible to adjust status once you originally entered the US legally, which basically means in your case, coming with tourist visa waiver and having no intention to immigrate, whatsoever. It's always a red flag for the later process if you enter the USA and get married right away. But you don't intent to do anything illegal, do you

Well, apparently, people (like me) come here without any intent to immigrate and then, all of a sudden, decide to get merried. In that case, adjustment of status is ok.

When it comes to the timeline nobody knows for sure since it depends on so many different aspects. Try some research here in this forum. There's a sticky thread right on top "timeline to AOS" or something along those lines. But to give you a first impression, you might want to read my timeline.

 

[rex1960]

.
What do I need to do to adjust status so I can become a permanent resident?

How soon can I start working in the US? I have a job lined up waiting for me.

Will I be able to leave the US to visit family?

1. Your USC spouse has to file I-130 once your married, you have to file I-485 to adjust status. There are several other forms you guys have to go through, like medical exam for you, affidavit of support by you spouse, maybe you need to get a co-sponsor.
2. In order to start working prior to your GC you need to file I-765 which gives you, once approved, a temporary working permit called EAD, therefor and for your I-485 your biometrics must be taken, which is fingerprints and digital pictures. See my timeline for that matter, too
3.Once your Advanced Parole is approved, in order to get one you need to file I-131. It's actually meant to be for emergency travelling

Get further information here http://uscis.gov/graphics/services/residency/family.htm
and on this forum.

Good luck

 

[TallaghtLad]

Thanks for the quick reply.

I'm going to an IT conference in Las vegas in May and my girlfriend, who is also in the same industry, will also be at the conference and we were thinking that it would be an ideal opportunity to get married.

Technically I'm entering to go to the conference so I could show that there was no intent and that it was a spur of the moment thing if they asked at any stage in the future. :-s

The timeline in your sig looks pretty fast. Hopefully I won't run into any problems and will get everything done as fast.

 

[rex1960]

Thanks for the quick reply.

I'm going to an IT conference in Las vegas in May and my girlfriend, who is also in the same industry, will also be at the conference and we were thinking that it would be an ideal opportunity to get married.

Technically I'm entering to go to the conference so I could show that there was no intent and that it was a spur of the moment thing if they asked at any stage in the future. :-s

The timeline in your sig looks pretty fast. Hopefully I won't run into any problems and will get everything done as fast.

The only problem for you guys would be the almost immediate marriage. That might be a red flag for suspicious officers.
I came here in April 05, we got married in June 05. Ask around other people in the same boat here and figure out what would work for you.
Once they catch you with visa violation you'd be banned for at least 3, if not 10 years and that's certainly not what you guys want.

I understand the longing to just be together, though

 

[TallaghtLad]

The only problem for you guys would be the almost immediate marriage.

I would have thought the opposite, an immediate marriage would point more to 'spur of the moment' then waiting a month or two.

I've been doing a lot of research on this and it seems a big nightmare of forms and proceedures. Not looking forward to it at all but it will be worth it in the end.

 

[cherr1980]

The problem is that you already have the pre conception to get marry once you enter in the US with your USC girlfriend, that part is against the law. And since you want to marry right away during the conference, I don't think that you are giving any time to show the contrary. There are many people that something like that had happen BUT remember every case is totally different, there are many other factors that the officers look to make an assumption and don't look into it or look into it.

Rex, did you come with the visa waiver? did you have to file a waiver so be able to apply for AOS with VW?

 

[rex1960]

Rex, did you come with the visa waiver? did you have to file a waiver so be able to apply for AOS with VW?

Yes I did. Germany is one of those countries eligible for the Visa Waiver Program.
I didn't have to file anything else than the usual package. The AOS is good enough for that ... well, so far at least ... maybe I should answer that question after our interview since it's pretty much the only concern I still have about my case.

 

[rex1960]

The problem is that you already have the pre conception to get marry once you enter in the US with your USC girlfriend, that part is against the law. And since you want to marry right away during the conference, I don't think that you are giving any time to show the contrary. There are many people that something like that had happen BUT remember every case is totally different, there are many other factors that the officers look to make an assumption and don't look into it or look into it.

I basically second that. The facts presented to the officers are still interpretable by humans. Each DO is different, each officer is different. But there are some general red flags. Coming here, marrying right away is one of those.

Re conception ... we're talking theories and scenarios not plans, alright ?

 

[cherr1980]

Yes I know that Deutchland is part of VWP...I just thought that a waiver was needed but I just read again the instructions and check my misunderstanding...nevermind.

 

[Suzy977]

I would have thought the opposite, an immediate marriage would point more to 'spur of the moment' then waiting a month or two.

I've been doing a lot of research on this and it seems a big nightmare of forms and proceedures. Not looking forward to it at all but it will be worth it in the end.

The unpublicized rule, and the safe one recommended by all the specialists is to wait at least 90 days after the arrival before you get married! Anyone knows it, and CIS, kind of looks suspicious at the marriages within these first 90 days

In Rex's case, I'll say an extra 30 days was a better option, hopefully he'll be OK at the interview.

 

[payala]

So you're coming to a conference and then planning to never go back? Is that conference sponsored by your job or what?

 

[rex1960]

The unpublicized rule, and the safe one recommended by all the specialists is to wait at least 90 days after the arrival before you get married! Anyone knows it, and CIS, kind of looks suspicious at the marriages within these first 90 days

There's the catch. The stay under WVP is only for 90 days.

In Rex's case, I'll say an extra 30 days was a better option, hopefully he'll be OK at the interview.[/COLOR]

Yup, that's right. That's my concern. On the other hand, we didn't plan me immigrating here in the first place. We were talking my wife coming to Germany first. Then we changed plans.

How does that sound, officer suzy ?

 

[justfiled]

i thought it's okay to marry when you want, but its the actual AOS that you can't do immediately because that shows an intent to immigrate. Marriage doesn't necessarily show intent to immigrate. You can get married to someone here but choose not to immigrate, can't you?

How can one not know when he/she is getting married? If someone is planning a proper wedding function, it takes months and months, sometimes even a year, to plan. And some people genuinely need to travel during that time (work/emergency/whatever). So what is their intention all that time when they enter the US? I think it's quite unrealistic of INS, if indeed you can't marry for a while after you enter the country.

 

[rex1960]

i thought it's okay to marry when you want, but its the actual AOS that you can't do immediately because that shows an intent to immigrate. Marriage doesn't necessarily show intent to immigrate. You can get married to someone here but choose not to immigrate, can't you?

How can one not know when he/she is getting married? If someone is planning a proper wedding function, it takes months and months, sometimes even a year, to plan. And some people genuinely need to travel during that time (work/emergency/whatever). So what is their intention all that time when they enter the US? I think it's quite unrealistic of INS, if indeed you can't marry for a while after you enter the country.

That depends on personal preferences, I guess. My wife and I didn't want a big wedding party rather something more romantic and quiet. If it would have been a traditional big party, we would have had invited relatives from all over the US AND Germany and yes, that would have taken more than a short notice.
But that has nothing to do with any intents to immigrate.

 

[justfiled]

That depends on personal preferences, I guess. My wife and I didn't want a big wedding party rather something more romantic and quiet. If it would have been a traditional big party, we would have had invited relatives from all over the US AND Germany and yes, that would have taken more than a short notice.
But that has nothing to do with any intents to immigrate.

True- and there are a lot of romantics out there, that would get married on spur of the moment .

But what I think I mean is this- that the advice the OP is getting on this thread says, not to marry immediately after entering, because that could raise flags as to the 'intent', correct?

But, as long as the OP doesn't actually file for AOS till after the 2-3 months wait, it should be okay, no?

 

[Suzy977]

There's the catch. The stay under WVP is only for 90 days.

I didn't know that

Yup, that's right. That's my concern. On the other hand, we didn't plan me immigrating here in the first place. We were talking my wife coming to Germany first. Then we changed plans.

How does that sound, officer suzy ?

To be honest it doesn't sound too good to me.
Try to see from outside this scenario: "I was planning to come to US to see my future wife,then to go back to Germany, then to get married and only after that to start the lengthy I-130 and CP"

And I, "officer Suzy" I'll ask you: "Aaaa, how nice of you, so, you came here only to give you future wife to be, a kiss and tell her: "See you in two years, honey"?!?

 

[cherr1980]

i thought it's okay to marry when you want, but its the actual AOS that you can't do immediately because that shows an intent to immigrate. Marriage doesn't necessarily show intent to immigrate. You can get married to someone here but choose not to immigrate, can't you?

How can one not know when he/she is getting married? If someone is planning a proper wedding function, it takes months and months, sometimes even a year, to plan. And some people genuinely need to travel during that time (work/emergency/whatever). So what is their intention all that time when they enter the US? I think it's quite unrealistic of INS, if indeed you can't marry for a while after you enter the country.

That is why the fiancee visa is for.
A marriage is a totally BIG mark to intent to immigrate. You can marry and you are free to do so BUT you must do it within the immigration rules of the country you do so. For example, you are free to get marry in England BUT you cannot go to England and married whenever you want to , you need a visa to do so. Under US immigration law a person can marry a USC with "no intent" to violate the immigration laws (for example if you come knowingly that you wanted to immigrate and your intent is to stay you are violating immigration laws base in the type of visa you are enter) or skip the normal procedures to immigrate.

So yes, generally speaking you can get marry here that does not mean that is "okay" for immigration pourposes.


Most of the people who had a big wedding normally get a court or little wedding first and then you will be able to do the rest later on. The law is not make for just your case is make for general users. Since there are many people that abuse of the system, that is the way it is.

Good luck,

 

[rex1960]

To be honest it doesn't sound too good to me.
Try to see from outside this scenario: "I was planning to come to US to see my future wife,then to go back to Germany, then to get married and only after that to start the lengthy I-130 and CP"

And I, "officer Suzy" I'll ask you: "Aaaa, how nice of you, so, you came here only to give you future wife to be, a kiss and tell her: "See you in two years, honey"?!?

No, you got me wrong. I married my wife here and we were talking to have her migrate to Germany.

 

[justfiled]

wow! had no idea. So, hypothetically speaking, if you're on a H1, and then decide to get married in 2007, you will need to get a fiance visa instead?

I was told by my lawyer that one needs to wait 60-90 days before filing, as that could raise red flags, guess this marriage part wasn't really an issue in my case so he didn't mention it?

Wow, I still find this quite unfair and unrealistic. And strangely, I know so many ppl who work here and eventually married USCs here, and no one was on a fiance visa- most were well thought out weddings. Cases were approved and stamped too.