Visa Waiver Program-can anyone answer?

[susan ward]

Hi

I am having a disagreement with my friend

I say there is no way to change from a VWP to any other visa? He says yes you can


He said to me read the I 485 form carefully


The only thing I think may be possible is if you come to the USA on the VWP , (intending to come on vacation) and then marry a USC

But I still have my doubts about this, as am sure if the USC filed I130 at the interview they could deny as immigrant intent


Heeeeeeeelp , whats your views?

 

[elcupacabras]

It is illegal to enter the USA on the VWP with the intent to marry. However, if you can prove that you never had this intent, then it is possible to adjust status upon marriage to a USC. Many people have done it.
Ways to prove that you had no intent is to show that you still had ties to your home country....this can be things such as college courses/jobs that you had to return to, rental agreements/mortgages that had to be fulfilled, car loan payments etc. If of course you had quit your job before your travelled to the States etc, that would show that maybe you had no intent to return to your home country and it would be hard to convince the interviewing officer that you didnt intend on staying in the states.
So like I said, as long as you can prove that upon entry to the USA you had no intent to stay, then adjusting status can be done.