Married within 90days on VWP but forms not submitted
Dec 1st 2015, 3:32 pm
#46
BE Forum Addict
Joined: Jul 2015
Location: Watford
Posts: 1,147
Re: Married within 90days on VWP but forms not submitted
Should you not be peeved with yourself? It was your decision to exit the country after getting married (you did go down the CR-1 route?) just as it was mine.
We discussed marriage prior to the trip when I actually proposed and we organised our wedding on the same trip.
I wouldn't say ours was pre-planned but it was in the offing. I commissioned my brother to make an engagement ring prior to the trip but we hadn't planned on marrying just getting engaged.
Was I prepared to risk adjusting from the VWP and overstaying? No. Besides anything else I am a grown man who had loose ends to tie up in the UK prior to making the move.
It may rankle that the OP might be living with his wife whilst you and I spent time apart from ours but that was our decision to do so. I, for one, believe that our wait was justified as a refusal for Adjustment from the authorities would be a far bigger hurdle than any RFE's that may present themselves going down the CR-1 route.
I wish the OP good luck in his journey to Permanent Residency status, may it be as smooth a trip as mine, and yours, was.
We discussed marriage prior to the trip when I actually proposed and we organised our wedding on the same trip.
I wouldn't say ours was pre-planned but it was in the offing. I commissioned my brother to make an engagement ring prior to the trip but we hadn't planned on marrying just getting engaged.
Was I prepared to risk adjusting from the VWP and overstaying? No. Besides anything else I am a grown man who had loose ends to tie up in the UK prior to making the move.
It may rankle that the OP might be living with his wife whilst you and I spent time apart from ours but that was our decision to do so. I, for one, believe that our wait was justified as a refusal for Adjustment from the authorities would be a far bigger hurdle than any RFE's that may present themselves going down the CR-1 route.
I wish the OP good luck in his journey to Permanent Residency status, may it be as smooth a trip as mine, and yours, was.
My wife works with someone who is following the 'spur of the moment' route, and her husband is here on a 'ooops overstay'
It is what it is, but I remain p*ssed off, I think its my age!! I'm happy being grumpy
Dec 1st 2015, 5:18 pm
#47
Forum Regular
Joined: Dec 2010
Location: Maryland
Posts: 33
Re: Married within 90days on VWP but forms not submitted
Several people are peed off with the OP alleging that he tried to game the system while they went through the 'right' route. OP has stated his 'case' and wanted advice. What he did is not illegal and he is allowed to change his mind minutes or hours or days or weeks after crossing the POE on whether he wants to stay or return home. We call that choice.
Like some said here it is highly unlikely to have an adverse effect on his AOS outcome and we all should wish him well. I too like most came with the K1, which was a long process. I am not peed with OP that he chose this route as nothing in life is black or white, and it is what it is - quoting from dj6372 - but not p*ssed off. Good luck OP.
Like some said here it is highly unlikely to have an adverse effect on his AOS outcome and we all should wish him well. I too like most came with the K1, which was a long process. I am not peed with OP that he chose this route as nothing in life is black or white, and it is what it is - quoting from dj6372 - but not p*ssed off. Good luck OP.
Last edited by Heading_Baltimore; Dec 1st 2015 at 5:21 pm.
Dec 1st 2015, 5:36 pm
#48
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,442
Re: Married within 90days on VWP but forms not submitted
Several people are peed off with the OP alleging that he tried to game the system while they went through the 'right' route. OP has stated his 'case' and wanted advice. What he did is not illegal and he is allowed to change his mind minutes or hours or days or weeks after crossing the POE on whether he wants to stay or return home. We call that choice. ......
And honestly, if someone who comes asking for advice and gets a warning of the risk they are running, I don't know why they would complain if they are warned of the risk - isn't that why people come looking for advice?
Dec 1st 2015, 5:51 pm
#49
Forum Regular
Joined: Dec 2010
Location: Maryland
Posts: 33
Re: Married within 90days on VWP but forms not submitted
True Pulaski, but several posters here getting uptight on OP's action when there is no need for such. OP was told about possible risk and it should be left at that.
Dec 2nd 2015, 3:28 pm
#50
Forum Regular
Joined: Jul 2014
Location: Texas
Posts: 196
Re: Married within 90days on VWP but forms not submitted
I genuinely believe OP came here with the intent but that's not something we will ever know.
OP has not done anything that any other board member had the option to do. He is taking a risk and it may work out for him but as many others have pointed out it may not and with that decision would come devastating consequences. If it were unsuccessful I would hope he shared his experience to help warn others of the issues in such a decision.
Ultimately everyone can choose to go down the same option as OP, as pointed out, if the facts are correct he has done nothing wrong. I guess most members, myself included, wouldn't take such a high risk when the rewards are minimal. I too plan only to ever marry once so getting to spend every day with my wife for my life is far more important than cheating the system for a few extra months together.
Best of luck to the OP and I would be very intrigued to hear how your AOS progresses!
OP has not done anything that any other board member had the option to do. He is taking a risk and it may work out for him but as many others have pointed out it may not and with that decision would come devastating consequences. If it were unsuccessful I would hope he shared his experience to help warn others of the issues in such a decision.
Ultimately everyone can choose to go down the same option as OP, as pointed out, if the facts are correct he has done nothing wrong. I guess most members, myself included, wouldn't take such a high risk when the rewards are minimal. I too plan only to ever marry once so getting to spend every day with my wife for my life is far more important than cheating the system for a few extra months together.
Best of luck to the OP and I would be very intrigued to hear how your AOS progresses!
Sep 16th 2016, 11:33 pm
#51
Just Joined
Thread Starter
Joined: Oct 2015
Location: Texas
Posts: 21
Re: Married within 90days on VWP but forms not submitted
Thank you to everyone that gave me information and advice throughout this process.
For those who were interested in hearing the outcome, see below:
08/11/15: I Married my Beautiful Wife
03/10/16: I-130 Case Submitted
03/23/16: I-130 Case Received by USCIS
04/02/16: I-485 Biometrics Appointment Scheduled
04/18/16: I-485 Biometrics Appointment Attended
05/03/16: I-485 Request for Initial Evidence Sent by USCIS
06/01/16: I-485 Initial Evidence Received by USCIS
06/13/16: I-765 EAD Card Sent
08/01/16: I-485 Interview Invitation Sent
09/08/16: I-485 Interview Attended
09/12/16: I-485 Approved
09/15/16: I-485 Permanent Residency Card Sent by USCIS
09/16/16: I-485 Letter of Approval Received
For those who were interested in hearing the outcome, see below:
08/11/15: I Married my Beautiful Wife
03/10/16: I-130 Case Submitted
03/23/16: I-130 Case Received by USCIS
04/02/16: I-485 Biometrics Appointment Scheduled
04/18/16: I-485 Biometrics Appointment Attended
05/03/16: I-485 Request for Initial Evidence Sent by USCIS
06/01/16: I-485 Initial Evidence Received by USCIS
06/13/16: I-765 EAD Card Sent
08/01/16: I-485 Interview Invitation Sent
09/08/16: I-485 Interview Attended
09/12/16: I-485 Approved
09/15/16: I-485 Permanent Residency Card Sent by USCIS
09/16/16: I-485 Letter of Approval Received
Sep 17th 2016, 12:31 am
#52
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Married within 90days on VWP but forms not submitted
Lucky. Very Lucky.
Sep 17th 2016, 2:33 am
#53
He/him
Joined: Dec 2006
Location: WA
Posts: 18,836
Re: Married within 90days on VWP but forms not submitted
I do not know the process that you are pursuing, but I would guess that communication between yourself and your employer, were your employer expresses their disappointment, would help substantiate your claim.
Sep 17th 2016, 2:59 am
#54
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: Married within 90days on VWP but forms not submitted
The OP just resurrected the thread to say his permanent residency has been approved.
Sep 17th 2016, 9:40 am
#55
Forum Regular
Joined: Jul 2014
Location: Texas
Posts: 196
Re: Married within 90days on VWP but forms not submitted
Thank you to everyone that gave me information and advice throughout this process.
For those who were interested in hearing the outcome, see below:
08/11/15: I Married my Beautiful Wife
03/10/16: I-130 Case Submitted
03/23/16: I-130 Case Received by USCIS
04/02/16: I-485 Biometrics Appointment Scheduled
04/18/16: I-485 Biometrics Appointment Attended
05/03/16: I-485 Request for Initial Evidence Sent by USCIS
06/01/16: I-485 Initial Evidence Received by USCIS
06/13/16: I-765 EAD Card Sent
08/01/16: I-485 Interview Invitation Sent
09/08/16: I-485 Interview Attended
09/12/16: I-485 Approved
09/15/16: I-485 Permanent Residency Card Sent by USCIS
09/16/16: I-485 Letter of Approval Received
For those who were interested in hearing the outcome, see below:
08/11/15: I Married my Beautiful Wife
03/10/16: I-130 Case Submitted
03/23/16: I-130 Case Received by USCIS
04/02/16: I-485 Biometrics Appointment Scheduled
04/18/16: I-485 Biometrics Appointment Attended
05/03/16: I-485 Request for Initial Evidence Sent by USCIS
06/01/16: I-485 Initial Evidence Received by USCIS
06/13/16: I-765 EAD Card Sent
08/01/16: I-485 Interview Invitation Sent
09/08/16: I-485 Interview Attended
09/12/16: I-485 Approved
09/15/16: I-485 Permanent Residency Card Sent by USCIS
09/16/16: I-485 Letter of Approval Received
Sep 17th 2016, 3:02 pm
#56
Concierge
Joined: Apr 2001
Posts: 46,387
Re: Married within 90days on VWP but forms not submitted
Not lucky really. This is how USCIS works. It is rare that a spouse of a USC is denied adjustment. One can get the adjudicator who looks deeply into the spouse's life in the foreign country and digs for points that might unearth prior intent but, again, it is rare to find one that does that.
Oops, sorry we are not allowed to say these things. Should I delete this post?
Oops, sorry we are not allowed to say these things. Should I delete this post?
Sep 17th 2016, 6:50 pm
#57
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Married within 90days on VWP but forms not submitted
Especially in the OP's case, where the requirement of the the visa was fulfilled...they got married within 90 days. There is no requirement to file AOS within any specific time. So it wasn't luck...it was the law.
Rene
Rene
Sep 17th 2016, 7:24 pm
#58
Forum Regular
Joined: Jul 2014
Location: Texas
Posts: 196
Re: Married within 90days on VWP but forms not submitted
But he was on a VWP opposed to a K1 visa?
Sep 17th 2016, 7:27 pm
#59
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: Married within 90days on VWP but forms not submitted
I entered the country marginally over 90 days ago using the visa waiver program, married my wife, but am now technically outside of my authorised stay and we haven't yet submitted the forms (medical records taking forever from the UK, plus everything closing down over thanksgiving)
Would the fact that I am technically in an illegal status affect our chances of our petition being accepted?
Would the fact that I am technically in an illegal status affect our chances of our petition being accepted?
If you start at the beginning of the thread and read all the way through, all will be revealed.