VWP changing status
 

Arriving in US on a VWP then changing status after marrying US citizen, how long does one have to fill out the forms and send to immigration?

Re: VWP changing status
 

You know this is not a legal way of immigrating, right?

Rene

Re: VWP changing status
 

What happened after your post in 2011? You were already in the USA after a 3-year overstay back then.

http://britishexpats.com/forum/marri...2-kids-719820/

Rene

Re: VWP changing status
 

It is illegal to change status on VWP?

Re: VWP changing status
 

Interesting that according to the thread you linked, Rene, the OP came in 2008 and had overstayed his VWP by 3 years, but according to this post, the OP came in 2013 and was looking to adjust status after 3 weeks on VWP - http://britishexpats.com/forum/us-im...ad-ssn-799103/

Now, according to this post, he is just now thinking about adjusting status after getting married on VWP.

I fear we may have entered a timewarp and his posts are appearing in reverse chronological order at 3 year intervals.

Re: VWP changing status
 

Incorrect. It is, however, illegal to enter the US on VWP with the intention of remaining in the US and adjusting status.

Re: VWP changing status
 

You haven't watched Interstellar

Re: VWP changing status
 

It is illegal to be outside the USA and have the intent to do so, yes. Plenty of existing threads on this topic.

Can you explain the discrepancy between your other 2 posts linked in this thread?

Rene

Re: VWP changing status
 

Therefore you are saying Noorah101 is incorrect?

Re: VWP changing status
 

No - she's entirely correct. If you plan to enter on VWP, marry a citizen and then adjust status, you are breaking the law.

Re: VWP changing status
 

Okay you didn't say that and neither the original post said that.

Original post Arriving in US on a VWP then changing status after marrying US citizen, how long does one have to fill out the forms and send to immigration?

Your reply 'You know this is not a legal way of immigrating, right?'

Re: VWP changing status
 

Maybe if you explained your situation you would get the help you're seeking.

As it stands, without information to the contrary, you appear to be trolling.

Re: VWP changing status
 

With respect, the information is posted on thousands of threads on here and other forums, and on official websites. If you have been pondering on what to do visa-wise since your previous thread surely you have done some research?

Re: VWP changing status
 

Reposting original question:

Arriving in US on a VWP then changing status after marrying US citizen, how long does one have to fill out the forms and send to immigration?

Re: VWP changing status
 

Depends on numerous things and given the lack of information provided, it's impossible to provide an answer. I'd recommend speaking to an immigration attorney asap.

Re: VWP changing status
 

Impossible to answer without knowing more specifics. Where are YOU, currently?

If you want us to help you, you need to provide more information, not just repeat the same question.

My answer to your original question still stands. You have posed the question in the future, as far as I can tell, which means you are contemplating doing this, which is illegal. If your situation is otherwise, please state your situation in greater detail.

Your previous posts also make your immigration history confusing.

Rene

Re: VWP changing status
 

It's illegal to pre-plan to do this.

Rene

Re: VWP changing status
 

The question is very simple.

Q "How long is it to travel by car from New York City to Orlando Florida"

Ans 1. You know it is illegal to drive without a seatbelt.

Ans 2. Its impossible to say without knowing how to traffic is, what car you are driving, what the weather will be like.

Ans 3. Well looking at your past driving records it looks like you are in Delorean.

Ans 4. Google it.

Re: VWP changing status
 

Looks like you know how to answer your own questions, then. :)

Rene

Re: VWP changing status
 

I can understand your reply if the question was:

Hi I'm Dan in UK coming to US in June 2016 I plan on knocking up a cute American marrying her and living the dream. Arriving in US on a VWP then changing status after marrying US citizen, how long does one have to fill out the forms and send to immigration?

But it didn't, unless we are in a parallel universe where in yours it said so.

Re: VWP changing status
 

Exactly. That's why you need to be more specific. We are not mindreaders, and we are not going to hand out advice that could be construed as illegal. Unless you're willing to provide more details, as in your example above, I fear we have come to the end of the conversation.

Rene

Re: VWP changing status
 

I haven't seen you answer any of my questions. It's a two-way street.

Rene

Re: VWP changing status
 

We are looking for answers like:

90 days

3 months

All depends on the individual, I know of someone who adjusted after 5 years.

Obviously if you don't know then it is best to refrain from answering.

Re: VWP changing status
 

I'd be most happy to answer your questions, once you give me a good factual answer to mine.

Re: VWP changing status
 

Then I'm afraid we ate at an impasse. Maybe someone else will help you.

I've given you the best answer I could, without further information from you. My apologies.

Rene

Re: VWP changing status
 

Exactly. It depends on the individual (circumstances), and since you won't share yours, it's impossible to answer you any more specifically than I have.

Rene

Re: VWP changing status
 

You are not allowed to use the vwp after an overstay. Immediate legal counsel is advised.

Re: VWP changing status
 

If he left the USA in 2011 after a 3-year overstay, he's got a 10-year ban on place anyway, so can't return to the USA until 2021.

Rene

Re: VWP changing status
 

The VWP gives you 90 days in the US... but the 30/60 rule is a myth and if you are currently outside the US, you can't enter the US until 2021 because of your prior VWP overstay and the automatic 10-year ban that was triggered the day you left the US. Further, attempting to enter the US when you have a ban in place is a felony, and will result in a lifetime ban from the US.

Short answer, though, there is no actual time limit to file the paperwork.

Ian

Re: VWP changing status
 

He has posted in another thread that he has put his snow blower away until next season, so he is apparently in the US, snow blowers not being standard equipment in the UK.

Re: VWP changing status
 

I don't understand why you are being cantankerous but if my intuitive power is working correctly you have viewed posts from this week and have decided to egg on regular posters with this arbitrary question.

Is it illegal to enter under the VWP, marry a USC and stay to adjust status? It depends. If there was pre-conceived intent to enter, marry and remain to adjust status, then, yes, it can result in denial of adjustment of status by the interviewing officer at the USCIS. Was the action purely spontaneous? If yes, then we have seen that the adjudicating officer has allowed a favorable adjustment of status. For anyone who has either entered with intent or anyone who just spontaneously married and wants to remain, then the best advice is to seek the guidance of an immigration attorney.

I realize that this explanation does not give you the yes or no answer you were seeking. However, that is about it in a nutshell.

On to whether one should file for AOS before the expiration of the date placed in their passport at the POE, if one files before the expiration date, then one remains in a legal status while the AOS is pending and until it is adjudicated. If one files after the expiration date, then the person is out of status and remains out of status until the AOS is adjudicated.

Of course, there are ramifications on filing after the expiration date and one of those is that the filer should not leave the US, even with an approved travel document. Also if the AOS is denied, then the foreign spouse can be removed and suffer a ban from entering the US. The length of the ban depends on the length of time they have been in overstay.

The world of US Immigration is a myriad of laws and regulations and often times one will contradict the other.

For anyone who is contemplating this avenue of emigrating, seeking the advice of an immigration is money well spent.

Re: VWP changing status
 

https://www.mowdirect.co.uk/gm/snow-...s-snow-blowers

You can buy snow blowers in the UK, depends where you live as to how much you need one.

Re: VWP changing status
 

This is incorrect, as soon as a person files their AOS package (and receives their NOA 1) they are considered "in status" even if they had overstayed.

Re: VWP changing status
 

Our semi tame forum Lawyer used the phrase under the colour of law.

Re: VWP changing status
 

Thanks, Jerni. One too many out of[s] in my post.