B1zjet

Let me say first thanks for a great resource that this site is. I do want to share my experience of filing from WVP to PR via the AOS process as I know this is frowned on a little here as it short circuits the correct visa process and is more fraught with potential issue. However for some of us it is required.

The original intent was this past summer to file for the K1/2 route and wait the year out for the process to play out, however on my last visit to the US in July and with the sudden loss of my UK job the realization that we might not be able to see each other or indeed have a job that gave me the amount of travel to the US meant a new plan, having discussed that we did not want to be apart for an extended period of time (we had seen each other every 6 weeks or so for the past 2 years either in the UK or the USA) and we had planned to marry in the future once the K1/2 was sorted, so we decided to get married on a whim. Once married and with the marriage license in hand we consulted an immigration attorney from Naples Florida (can highly recommend) as to what we had to do to become legal. A more then reasonable fee was agreed for her services and with that she produced every sheet of paper and document for us to file for the AOS all we had to do was provide the information, read and sign the paperwork, she filed them all. My journey began on the August 15 2011 and ended November 5 (a total of just over 11 weeks) when I received my 2 year conditional Green Card – The process was smooth and efficient, our USCIS interview was a little ‘bumpy’ not a word was asked regards our marriage, relationship or intent etc. But a wild and unbelievable accusation was leveled at me which delayed the authorization of the card for a week whilst they sorted out the matter or arranged for my arrest it was either A or B – there words not mine! - So why am I sharing this? Really just to advise folk out there that yes the right route is the K1/2 but if you have too the WVP via AOS does work it was an efficient way of doing things having married your USC spouse for the right reasons and with the need to live here in the USA. I think you need a good immigration lawyer to help make sure you have all the I’s dotted and T’s crossed for the paperwork and also to give USCIS and you a feel that your supported by a qualified attorney.

Noorah101

Congratulations on your successful AOS. As you know, if you had been denied, you would have had to leave the USA and face a possible ban from returning, so it's all about the risks one is willing to take when deciding to do AOS from VWP.

I disagree that your particular AOS from VWP scenario was "required", as you say in your first paragraph. You simply didn't want to spend 8 - 10 months apart. That was a "want", not a "need". Many couples DO spend that time apart in order to do the proper visa route, so unless there's something else you aren't telling us, I don't think your AOS route was as urgent as you make it sound. After deciding to get married in the USA, the proper thing to do would have been to return home to do an Immigrant Visa process.

To others reading this post, your mileage may vary.

Rene

ian-mstm

Respectfully, it is never required... never!


I, for one, would be interested to know what the acusation was.


Respectfully, I disagree. Why? Because no one has to! There is never a need to pursue the VWP to AOS scenario. As Rene correctly points out, it's a want. People do it because they're unaccustomed to delaying gratification - which, by the way, is the hallmark of maturity.

I'm glad it worked out for you, but you should not recommend the route to others.

Ian

jeffreyhy

It's not entirely clear from your post, but it seems that you had not planned to immigrate when you entered the USA. Rather, after entering you and your fiancee decided to get married and you further decided to apply to immigrate.

If this is the case, then what you did is allowed by US immigration law and it's a significantly different situation from those people who decide in advance to enter the USA using the VWP and then once 'in the door' apply to immigrate.

I agree with Rene and Ian that nothing "required" you to immigrate having entered the USA using the VWP. You did it because you wanted to, not because you had to. But again, the important detail is when you made the decision to do it - before entry or after entry.

Regards, JEff

mikechristina

Congrats on your successful AOS from VWP...

But as someone who is spent 4 years travelling back and forth from the US to the UK (on our own dime not our companies FWIW) and just successfully completed the CR-1 route. Not a one of us WANTS to spend any time away from our partners. I haven't seen my husband since June but now that we are 2 weeks away from his arrival we are thankful we went about it the correct way.

As a ban from the USA is quite probable and thankfully you did not succumb to this fate but like the others have stated you were very fortunate. + it seems like you had a very astute solicitor.

Welcome to the USA

S Folinsky

AOS from VWP, and recommending it as a course of action is a minefield. Those figurative mines are quite huge. Many people navigate the minefield without setting off a mine. But when they go off -- they go off big.

materialcontroller

And that's where this forum, stories like the OPs and the follow-up posts come in very useful - for educating people about the pitfalls they may encounter.

The course of action followed by the OP isn't necessarily wrong or improper; it just carries different risks than other courses of action.

penguinbar

None of us wanted to be apart from our significant others for lengthy periods of time. I agree with the other posters that you should not be recommending this route. You should not be saying the VWP to AOS route does work. You got lucky. Several people have been denied going this route and there is no appeal.

materialcontroller

With respect, the OP has proven that it does work in certain cases. If anybody else wishes to try their luck, knowing the risks involved, then who are we to suggest otherwise.

penguinbar

As Mr F says it's a minefield. If the OP wanted to walk through a minefield that was his choice. Most of us would say it's a poor one.

Bob

Intent.

That's key, whether one had it or not at the time one enters the US.

How one proves it either way depends on their personal circumstances.

Is it a good or a bad thing/idea, well all depends on personal circumstance and/or risk tolerance. It goes well, wonderful, it goes badly, it goes badly.

ian-mstm

Since you ask, we are the objective and responsible adults to whom they come for advice. Our job is to discourage people from doing something stupid. While someone may do something stupid anyway, our suggestion should always be to not do it.

Ian

Noorah101

Not only whether one had it or not, but whether the adjudicating officer believes one had it or not.

Rene

fatbrit

Why not? It's a popular route and appears to work for the vast majority.

Bob

Well my next sentence did allude to that