cmc87

Just wanted to update - my green card was approved today

Background - my case was unusual in that we had already been married for almost two years when I came to the US on the vwp. We had been living in the UK, my DH had moved back to the US for work while I continued to work in the UK. During a christmas visit we made the decision that I would stay and apply for aos.

None of this seemed to be an issue at the interview - I wasn't asked about any of it (or asked for anything from the huge folder of evidence I had brought!). We were in and out in 15 minutes, we were only asked to verify a few details on the forms then I showed the IO some photos of us on various travels. We were then told that I was approved, and I got my email this afternoon.

I also want to add that I didn't consult an attorney at any point during my process. It was recommended on this forum that I consult an attorney because this would surely be seen as intent. I was advised on another forum that they wont deny marriage based visas on intent alone. I decided against - I didn't want to pay thousands of dollars for someone to tell me what I already knew, I found enough info on the internet to provide any information I needed. So thanks to everyone on here (and various other immigration forums) who helped me out.

Noorah101

Congratulations!

I didn't look up your past posts, but I don't think we *ever* say on here that your AOS from VWP would *surely* be seen as intent. That would be way too final. We tend to say things like *it could* be seen as having intent. Or *it might* be seen that way. *surely* is not a term we tend to use here for such a scenario.

Rene

jeffreyhy

A consultation with an attorney does not cost "thousands of dollars". Retaining one might, but a consultation would cost only a hundred or so, depending on the area of the country one is in.

Regards, JEff

ian-mstm

It is for others... so we will likely continue to warn people about the pros/cons of AOS from a VWP. Glad to hear that you dodged the bullet... it could easily have gone the other way!

Ian

cmc87

Thanks all, I do believe a lot of it was luck, although I sent in a LOT of evidence with my initial application. Perhaps that was key in landing a short interview.

Anyway thanks everyone for the support, next step is citizenship in three years hopefully!

RICH

Congratulations!

Just curious about logistics - you came to visit this past Christmas and presumably have stayed since "on the spur of the moment"? Is there not stuff back home that needed dealing with? Job/house/car/belongings etc.

Noorah101

Evidently if there was stuff back home that needed dealing with, she dealt with it from the USA.

Her green card has been approved...USCIS believes she came to the USA with no intent to remain. That's all that matters.

Rene

sir_eccles

Somewhat tangential to the actual discussion but in a different context one might term such things as "insufficient ties to the home country".

S Folinsky

1. Congratulations.

2. I bolded that particularly British word "surely" -- J Craig Fong has been amused by the usage of that word -- and he is married to an Englishman.

3. There are multiple issues involved with adjustment from VWP to LPR. And to be quite frank, some of the law and the interpretations can vary widely. I participate in several immigration lawyer groups and it is common for lawyers to ask what the practice is in a particular jurisdiction. It is not unknown that a situation in Metropolis will be no problem at all while the same situation in Gotham City might very well lead to immediate removal without a hearing. So, a legal consultation might very well be in order.

4. There is a general advice floating about that people should engage in "safe sex." However, it is not unknown for people to engage in unprotected sex and pregnancy nor STD happen.