LAVENDER

VWP about to expire on Sept. 11th. Is it possible to apply for AOS before then and continue my stay here in the US. I have not applied for the K-1 yet.
Thank you

Noorah101

Hi Lavender,

This is the type of question where we refer you to a competent immigration attorney for a consultation. Go to www.aila.org to find one in your area.

Best Wishes,
Rene

iniaki

Are you married to a US citizen?

If you ARE, then yes, you can apply for AOS and remain in the US. You will not have to apply for a K-1, that is a fiancee visa.

BTW, you do not need an immigration attorney to adjust from a vwp.

Just Jenney

Unfortunately it's not necessarily that simple, which is why Lavender needs to heed Rene's very good advice and consult a qualified immigration attorney.

~ Jenney

iniaki

Actually, and fortunately, it is simple. My husband adjusted status and he came under the a vw. Why is this case more complicated than others?

It falls under the op to prove to BCIS that the marriage is bonafied. But that is the case for all who apply....k-1, aos, and aos from vw.

All the same paperwork is filed, as for a regular aos. Nothing extra needs to be done because he/she came under vw.

Attorneys are definitely required if there is a past criminal history, or some other complication.
But, if as the op posted, came under VW which expires Sept.11, we don't know when they met their significant other, maybe it was on another trip maybe it was this one. Whatever the case, if lavendar gets married and files all the paperwork to adjust status, barring no complications as listed above, it is NOT complicated and you do NOT need an attorney.

that's my experience, and I have been in this exact situation. Only difference is that my husband overstayed and we subsequently got married. So in essence, our case was even more complicated than this one.

Noorah101

It is exactly because of these things we don't know, that he should seek legal counsel.

Rene

Just Jenney

Please do a search under "10-foot pole".

We don't know all the details of the OP's case, and neither do you. Telling Lavender that s/he can just go ahead and adjust from the VWP is based on assumptions you are making, assumptions which could be wrong. Lavender is better off consulting an immigration attorney to ensure that s/he would be doing nothing illegal.

~ Jenney

Rete

There is no INS nor BCIS. It is the USCIS and that is not the only thing that needs to be proved. If required they will be need to prove and your husband might have as well that they did not commit fraud at the POE and entered the US with the sole purpose of marrying, remaining and applying for adjustment of status. Hence the need for a consultation with a competent immigration attorney. Yes, it can be done and is done daily. But first and foremost cover all your bases and be sure that you are clear for adjustment before undergoing a process that might mean at its conclusion that you are banned from the US.

LAVENDER

I actually overstayed on the VWP last year (please no abuse - I know it was wrong). I came back in to the country in June and I guess my overstay had not caught up in their system yet.
So that being said.... my fella and I are not yet married. If I want to AOS before my VWP expires in Sept., I assume I will have to get married before this date.
I will most definately be consulting a lawyer next week on this but I just wanted to sound you guys out about it first.
Ian - please don't respond to this.
Thank you very much for your help !!!!!

fatbrit

But this holds true for the vast majority of the questions on this board! The newsgroup is never legal advice, and posters should always verify independently and take professional advice if they believe they need it. When someone asks about getting a K1, for example, I rarely see anyone lead them specifically through the list of red flags that could result in a refusal or insist that they get a lawyer even if their case is straightforward. Why does this particular question produce a feeding frenzy of spitefulness?

iniaki

That is a very good question. I answered the op because of my direct experience in this situation. Obviously, if you know that your specific case is complicated, consult an attorney. But, at the onset of the ops question, they were immediately told "go seek legal advice". Why not offer some advice to someone who, I am sure, is in a critical time situation and whom is looking for some answers. Obviously, a board cannot be their sole information source. One must get informed thourougly about immigration laws and statutes and this is a good place to ask questions to people who are in or have been in the same situation.

My experience has been that whenever someone mentions adjusting status from vw, people go nuts. Immediately it is assumed that fraud is involved or that they are trying to bypass the immigration system and not go the k-1 route, which in alot of people's minds is the "proper" way of doing things.

I guess I found on this particular thread that no questions were asked of the op, like on other threads.
When someone posts a question that is vague, people respond with more questions to see if they can help.
In this case the response was quick and to the point " go get a lawyer".
Why not ask something like..... is this your first time in the U.S?
how long have you know your boyfriend or girlfriend? etc.
Or point out that they have to prove that the marriage is bonafide and that they were not trying to circumvent the system.

But I digress.
That's just my 2 cents worth!

LAVENDER

Thank you Iniaki, you are right in what you say.
FYI - I have only known my boyfriend for 5 months but this will most definately be a bona fide marraige. My concern is that money is tight and neither of us care for a huge fancy wedding - city hall would be fine. I would hope that this would not go against us. We do not live together and do not share bills. Unfortunately I have little proof of us being in a legit relationship.

ControlFreak

By the time of the AOS interview, you should have plenty of evidence.
You mentioned that money is tight. Are you aware that you will need a sponsor who will have to sign an affadavit of support? This is usually the spouse, but if he's not earning enough, then you'll need to find a co-sponsor.

http://uscis.gov/graphics/howdoi/affsupp.htm

CF

iniaki

Great advice, ControlFreak. Lavendar, go to that website provided by ControlFreak. Also, read the "How do I adjust status" on the USCIS website. That will tell you all the forms you need to fill out. Read, read, read!
Good luck.

LAVENDER

THANK YOU THANK YOU THANK YOU