cmc87

How often are these denied?

I am currently waiting for my aos to be processed. Slightly different situation though, we have been married for two years (got married in the US, had long distance relationship for 2 years before and a year after) and were living in the UK for a year while my husband completed his masters. My husband moved back to the US while I stayed in the UK (due to my job). I came to visit him for Christmas and we decided to adjust status. I did have return flights, I never intended to stay. I have phone bills, gym membership etc from the UK that I didn't cancel untill just before we filed.

Anyone have any similar experiences? Does it *have* to be for people who got married, spur of the moment, and decided to stay?

We want to buy a house here, I just bought a car, he has me on his life insurance. We are good people, my husband teaches special needs children and we are both highly educated. I know none of that really matters, but will having good character help at all?

Is there anything in particular that will help my case when I go to interview?

JSL8610

I notice you've posted this both here and in the 'VWP entry and AoS' sticky. Perhaps if a mod happens along they could tidy up?

For what it's worth, I've just posted the following in the other thread. Not sure it will be all that much help. I expect you'll get more when the US regulars wake up:

"Hi cmc. I believe the correct answers to your questions are:

Your milage may vary
Consult an experienced immigration attorney

Seriously though, the only person who knows for sure what the outcome will be is the person who makes the decision. You know that you didn't intend to stay in the US but you haven't mentioned anything that indicates that to the person adjudicating your case.

My own feeling (and that's really all it is - please don't take it as anything more) is that having a husband already in the US might indicate immigrant intent. Did you have any more serious ties to the UK than a couple of bills? I'm thinking a lease/mortgage or your workplace expecting you back.

When did your husband move back to the US? You say you had a long distance relationship for a year after your wedding. Did you intend to move to the US eventually (after your husband finished his masters)? That year would have been a good time for one of you to get an immigrant visa. What were your plans when you came to visit? To return to the UK and apply for an immigrant visa? For him to move to the UK? To continue in a long distance relationship?

Feel free to ignore these questions. They're just things that occur to me and might be asked later. I have no experience of AoS, just thinking out loud (or whatever the equivalent is in an online forum).

Regards,
James"

ian-mstm

Not very often - but when they are, it's final. There is no appeal process and you become immediately removable from the US. You signed away any rights you might have had when you entered the US on the VWP.


It sounds as though your 90 days hasn't yet expired although perhaps it's very near now!


How would you prove that to the interviewing officer?


No, but having a USC husband already in the US ahead of you does raise a red flag.


No... it's not a consideration.


Yes - be prepared to answer the question about proving your intent to not stay! As James notes, a few bills and a gym membership doesn't show strong ties to the UK - fewer now, since you cancelled - and it seems you had no compelling reason to return.

Ian

jeffreyhy

It has to be for people who entered not intending to stay and who, after entering, changed their mind and decided that they wanted to stay.

When, where, or how they got married is not relevant.

Regards, JEff

Noorah101

What is "it" in this sentence?

No.

Did you file the AOS package before your 90-day VWP visit was over? That would help. But really, the most helpful thing will be if the interviewing officer believes did not have intent to immigrate when you entered on the VWP. It doesn't even really matter whether YOU did or didn't. What matters is what the officer believes to be true.

Rene

cmc87

I filed before my 90 days were up. I lived with my parents so no lease or bills other than phone and gym.

I have had two j1 visas in the past with no overstays if that helps?

Noorah101

Nope, no help in this case. It's all about intent as a visitor on this trip.

Rene

cmc87

Ok so I need to think of what I can bring to prove I didn't intend to stay.

I can bring statements showing I was still paying for my phone while I was here. Can I bring letters from friends or family from when I told them i was going to try to stay here? They are on Facebook but I can print them.

I know it's not a lot. I booked the flights a couple of days before I flew, I hadn't planned on coming for christmas at all. I also left my job, which is going to look bad. I had no holidays left and had been having a really tough time as a young female nightshift supervisor, to a group of men who didn't want to be told what to do. I was emotionally spent and booked the flights in haste. I didnt even know that adjusting status while I was here was an option until we did some research here.

I guess I'm going to have a tough time with this.

Noorah101

There's really not much you can bring to prove you didn't intend to stay...it's hard to prove a negative.

Most people in your situation get through the AOS process with absolutely no problem. The only thing you need to know is that if you are one of the unlucky ones who gets a doubtful officer who denies your AOS, there is no appeal process, so you and your husband should be prepared to move to the UK.

You can always hire an attorney to look over all your evidence and attend the AOS interview with you, to speak on your behalf to the Officer. He might be able to deflect her negative comments (if she has any), and can probably present your situation verbally better than you could (you might dig your grave deeper, as a layman). It's probably going to be expensive, but it's an option.

My gut feeling is that you'll be fine, though.

Rene

cmc87

Thanks everyone for your help. I will talk to my husband and see if we can talk to an attorney, even just for a consultation.

I read somewhere that certain areas tend to deny the aos from vwp more often than others. 9th circut?

I'm in Houston, TX. Are there any known issues about adjusting here? I haven't seen anything while researching.

jeffreyhy

I agree with Rene that this would be an excellent thing to do. This is the type of question that a local immigration attorney might be in a good position to answer. When calling around to select an attorney for a consultation, ask about their experience with adjustments of status in general and with adjustments from the VWP in particular. Regards, JEff

discoviking

Consult with Laurel Scott. She is in Houston, and is considered one of the best in the business concerning people with an "unconventional" immigration history.

http://www.scottimmigration.net/

Good Luck.

md95065

Remember that if you are still under the 90 days of your VWP admission then you can still return to the UK and apply for an immigrant visa.

cmc87

Thank you

cmc87

I have already applied for aos, I have my biometrics appointment in a couple of weeks. I applied before my 90 days were up, the reciept date is around 80 days in.