Entered on the VWP AOS to being married to US Citizen

[Adam Williams]

Hi there,

So i'm from England, i already have a Family F1 Visa Green Card application and been on the wait list for 4 years, i've dated an American Citizen from December 2017 and i regularly do the long distance thing, in April i decided to do a 3 month road trip with her and i entered on the VWP where i was due to return in July ... however to my pleasant surprise she proposed to me! she wants to get married before i leave but what do i do in this situation? do we get married in the US or do i return back to England and return on a K1 Fiance Visa (which will take alot longer) what is the process for this and/or legal to do so?

[newacct]

Hi there,

So i'm from England, i already have a Family F1 Visa Green Card application and been on the wait list for 4 years, i've dated an American Citizen from December 2017 and i regularly do the long distance thing, in April i decided to do a 3 month road trip with her and i entered on the VWP where i was due to return in July ... however to my pleasant surprise she proposed to me! she wants to get married before i leave but what do i do in this situation? do we get married in the US or do i return back to England and return on a K1 Fiance Visa (which will take alot longer) what is the process for this and/or legal to do so?

You can get married in the US and then apply for Adjustment of Status in the US if you want. If you do that, don't leave the US until you get an Advance Parole or green card.

[Tezza]

Hi there,

So i'm from England, i already have a Family F1 Visa Green Card application and been on the wait list for 4 years, i've dated an American Citizen from December 2017 and i regularly do the long distance thing, in April i decided to do a 3 month road trip with her and i entered on the VWP where i was due to return in July ... however to my pleasant surprise she proposed to me! she wants to get married before i leave but what do i do in this situation? do we get married in the US or do i return back to England and return on a K1 Fiance Visa (which will take alot longer) what is the process for this and/or legal to do so?

As mentioned above you can get married in the US and then apply to adjust status, all without leaving the country. Assuming your initial intent when you arrived on the VWP wasn't to marry, then you aren't guilty of immigrant intent and fraud. With her proposing to you after you had arrived and the wedding plans taking place after you'd arrived, you are fine to get married and apply for AOS as the spouse of a USC.

[Mellymoo]

Nothing to add as its already been said but as a fellow English person going through the process I wanted to say hi and good luck!

[Adam Williams]

Hi again, sorry for delayed reply, thank you for your replies

Couple of questions -

My exit date is the 20th July, we are planning our Marriage on the 8th July (When everyone i.e friends and family can make it) will that cause much of an issue?

What are the process steps that i need to take? And the fee's involved, ive seen alot of conflicting information regarding all this... do i need to pay the AOS fee too?

[Tezza]

Hi again, sorry for delayed reply, thank you for your replies

What are the process steps that i need to take? And the fee's involved, ive seen alot of conflicting information regarding all this... do i need to pay the AOS fee too?

For AOS via marriage you will have to pursue a number of forms.

Firstly is the I-130, https://www.uscis.gov/i-130 this establishes your relationship to your USC spouse, ensure you read the instructions for each form fully and many times as you complete it. It's this form you will need to be able to prove your marriage is bona fide. On that link there is also a form I-130A which as the alien, you must fill out.

Secondly, you will need the form I-485, https://www.uscis.gov/i-485 this is the form you use to adjust your status from a nonimmigrant to a legal permanent resident. Again, follow the instructions in the relevant PDF to ensure you are gathering all the evidence they require.

As part of the I-485 submission you will also fill out the form I-864, https://www.uscis.gov/i-864 this form is to establish that you will not become a public charge. Your USC spouse will have to fill out this form, showing that she has enough income to support herself, you and any other dependents. To work out what she needs to earn, check this PDF (https://www.uscis.gov/i-864p) which will provide lots of information. If she cannot meet the income required for the number of people, she can combine hers with other members of your household, or get a joint sponsor. Again, it's very important to read the instructions carefully.

Those forms mentioned above are the mandatory minimum for AOS. Consider your form I-130/I-130A as one submission and your form I-485/I-864 as another submission. Although in this category you are able to file concurrently, i.e. at the same time in the same envelope, but be sure to separate them inside the envelope so they can clearly see which form is which.

Another form you will need to submit, but are not required to do so at the time of sending these forms, as you have the option to send it later or bring it to your final interview is the I-693, Report of Medical Examination and Vaccination Record, https://www.uscis.gov/i-693

The optional (but recommended) forms available to submit at the same time are:

I-765 Application for Employment Authorization
I-131 Application for Travel Document (Advanced Parole)

The I-765, https://www.uscis.gov/i-765 is required if you wish to work in the United States during your AOS process.
The I-131, https://www.uscis.gov/i-131 is required if you wish to travel outside of the United States during your AOS process.

The cost of the forms are as follows:

Form I-130 - $535
Form I-485 (inc. your I-864 which has no fee) - $1,225 this is $1,140 for the processing fee and $85 for biometrics
There is no fee for submitting the I-765 or I-131 if you're submitting them with your I-485

So your total cost is $1,760 to send these forms. Plus whatever you have to spend later on a medical performed by a USCIS authorized doctor.

There are instructions on how to pay the fee, but you must submit them using checks, money orders, no cash. You should do 2 checks for the separate amounts, because as I mentioned above, they're technically 2 submissions, even though you're going to file them together.

Have a read through those forms and their instructions, all available in the links I provided. Once you have done that, if you have any other questions, or something you're not sure about, just come back to us and we can help you further. Hopefully this is enough to start you off.

Good luck with it all.

[Adam Williams]

Thanks for the information one quick question - how do i prove a newly wed couple such as ourselves a bona fida marriage? Considering we've upto now lived in different countries, would having 2 lines on a cell phone plan be good to have?

[Tezza]

Thanks for the information one quick question - how do i prove a newly wed couple such as ourselves a bona fida marriage? Considering we've upto now lived in different countries, would having 2 lines on a cell phone plan be good to have?

Yes that is good to have. They'd also like to see proof of your relationship before you came and got married. So for example, if you've maintained a long distance relationship you might have skype chats. You can use these and the dates on them to show you'd been in contact for however long you have been. Also ******** messages, text messages, emails. Anything that proves you have had a relationship. You can also provide photos of you guys together, any tickets to anywhere you've visited etc.

Those are usually accepted as bona fide evidence in lieu of physical evidence such as bills and things you'd only have after living together.

[longee94]

Hi there,

So i'm from England, i already have a Family F1 Visa Green Card application and been on the wait list for 4 years, i've dated an American Citizen from December 2017 and i regularly do the long distance thing, in April i decided to do a 3 month road trip with her and i entered on the VWP where i was due to return in July ... however to my pleasant surprise she proposed to me! she wants to get married before i leave but what do i do in this situation? do we get married in the US or do i return back to England and return on a K1 Fiance Visa (which will take alot longer) what is the process for this and/or legal to do so?

Firstly, congratulations!

There is nothing, per sey, stopping you from applying for Adjustment of Status, but you should bear in mind that the biggest obstruction you may face is the so called 90 day rule. USCIS and the DOS uses this rule judge immigrant intent. It used to be far more lenient (30/60/90), but the Trump administration has really started to crack down on immigration, both legal and illegal. The 90 day rule states that "If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of visa application or entry, as described in subparagraph (2)(b) below, you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry." In short, if you marry and file for AOS, you could be found to misrepresnted your intent and also have violated the terms of the VWP.

The way I see it is you can:
1) Return to the United Kingdom and have her apply for the K-1 Visa. I don't know if this effects your ability to return to the U.S. while the application is pending, but she can most definatly visit the U.K. or,
2) Marry in the U.S., return to the United Kingdom and apply for the K-3 visa which would allow you to return to the U.S. and apply for adjustment of status, or,
3) File for CR-1 Visa which I believe grants you a green card before you enter the U.S.

Either way, you should most definatly talk with an immigration attorney. They are the people who are best placed to advise you!

[Adam Williams]

So does that mean i have to leave the US to do this properly and no longer able to Adjustment of Status whilst still staying in the country? There seems to be alot of conflicting information around, i mean i can't exactly stay legally at least beyond the 90 days as that is how long you get on the VWP...

[azblk]

Firstly, congratulations!

There is nothing, per sey, stopping you from applying for Adjustment of Status, but you should bear in mind that the biggest obstruction you may face is the so called 90 day rule. USCIS and the DOS uses this rule judge immigrant intent. It used to be far more lenient (30/60/90), but the Trump administration has really started to crack down on immigration, both legal and illegal. The 90 day rule states that "If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of visa application or entry, as described in subparagraph (2)(b) below, you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry." In short, if you marry and file for AOS, you could be found to misrepresnted your intent and also have violated the terms of the VWP.

The way I see it is you can:
1) Return to the United Kingdom and have her apply for the K-1 Visa. I don't know if this effects your ability to return to the U.S. while the application is pending, but she can most definatly visit the U.K. or,
2) Marry in the U.S., return to the United Kingdom and apply for the K-3 visa which would allow you to return to the U.S. and apply for adjustment of status, or,
3) File for CR-1 Visa which I believe grants you a green card before you enter the U.S.

Either way, you should most definatly talk with an immigration attorney. They are the people who are best placed to advise you!

The 30/60/90 day "rule" is irrelevant to AOS cases. Has no bearing on the outcome.

- - - Updated - - -

So does that mean i have to leave the US to do this properly and no longer able to Adjustment of Status whilst still staying in the country? There seems to be alot of conflicting information around, i mean i can't exactly stay legally at least beyond the 90 days as that is how long you get on the VWP...

You can stay and AOS if you so wish. The rule mentioned by the previous poster is not relevant for AOS. It only applies to DOS and even then it is not binding.

[Tezza]

So does that mean i have to leave the US to do this properly and no longer able to Adjustment of Status whilst still staying in the country? There seems to be alot of conflicting information around, i mean i can't exactly stay legally at least beyond the 90 days as that is how long you get on the VWP...

Adam as mentioned above, the 30/60/90 rule isn't going to hold you back here. The poster that told you to leave is erring on the side of caution in that, once you are here past 90 days, you're technically an overstay. This does not affect you when it comes to AOS when an immediate relative, i.e. spouse of a USC, so you will still be eligible to AOS.

Technically you are deportable after your 90 day period, but if you stay out of the way of law enforcement, behave etc then there should be no reason why you have any issues with immigration, especially within the first 180 days. But once you have filed your AOS, you become an Adjustment of Status applicant. Although this position is not technically legal status, it does provide you slightly more protection as most cases submitted to USCIS for AOS are left alone by ICE until such time as your application is denied or USCIS find something that makes you inadmissible (such as certain crimes) and refers your case to ICE.

Use my post to look through the forms, read the instructions and start filling them out, gathering evidence etc. Never too early to start.

[Adam Williams]

Hi there,

So since i posted this, ive got married to my USC girlfriend at a very lovely personal ceremony with many friends

So i guess i'll use this thread as my progress to freedom

Now i'm filing out all the paperwork that i printed from the above post - i-130 / i-485 / i-864 / i-693 / I-765 & I-131.

couple of questions

On form i-485 part 3: it asks me if i ever applied for an immigrant visa to obtain permanent resident status... now i have and still in progress (although probably now invalid) green card application through my American Citizen Mother i.e I-130, Petition for Alien Relative that was approved in 2014, do i tick "yes" on this box and state the city & country i.e London, UK?

Additionally do i have to state my previous employment of work in the UK or can i leave blank? Kinda left on bad terms in a way...

Part 8 on the same form question 17: Have you ever violated the terms or comditions of your non immigrant status? Since i am an overstay, i presume i tick yes?

Finally questions 72a and 72b - Since April 1st 1997 have you been unlawfully present in the United States...

72a. For more than 180 days but less than a year and then departed the United States

72b. For one year or more and then departed the United States.

i'm still residing in the states so i presume i tick No for both of these?

[newacct]

Hi there,

So since i posted this, ive got married to my USC girlfriend at a very lovely personal ceremony with many friends

So i guess i'll use this thread as my progress to freedom

Now i'm filing out all the paperwork that i printed from the above post - i-130 / i-485 / i-864 / i-693 / I-765 & I-131.

couple of questions

On form i-485 part 3: it asks me if i ever applied for an immigrant visa to obtain permanent resident status... now i have and still in progress (although probably now invalid) green card application through my American Citizen Mother i.e I-130, Petition for Alien Relative that was approved in 2014, do i tick "yes" on this box and state the city & country i.e London, UK?

Just because you were petitioned doesn't mean you applied for an immigrant visa. If you haven't gotten to the point where you actually went through consular processing to apply for an immigrant visa through that petition, the answer would be No.

Additionally do i have to state my previous employment of work in the UK or can i leave blank? Kinda left on bad terms in a way...

If it asks for employment and doesn't say just in the US, you have to answer about your employment no matter where in the world it was.

Part 8 on the same form question 17: Have you ever violated the terms or comditions of your non immigrant status? Since i am an overstay, i presume i tick yes?

Correct. Yes.

Finally questions 72a and 72b - Since April 1st 1997 have you been unlawfully present in the United States...

72a. For more than 180 days but less than a year and then departed the United States

72b. For one year or more and then departed the United States.

i'm still residing in the states so i presume i tick No for both of these?

Correct. No.

[Adam Williams]

Hi There,

I'm now about to file my papers but i'm stuck on the form i-864... my spouse does not meet the income requirements as she falls below the income poverty level however i do have a joint sponsor that certainly does do that, my friend has filled out the form and that is good to go, however my spouse has not filed her tax returns for the last 3 years but my joint sponsor has, what do i need to do here?