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VWP marriage and AOS with AP

VWP marriage and AOS with AP

Old Jun 21st 2023, 8:42 pm
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Default VWP marriage and AOS with AP

Hello experts, Been a while since I have been here and i'm not as up to date on immigration 'stuff' as I used to be. Was hoping someone might be able to confirm or correct my understanding of marriage based immigration as I don't want to give my sister the wrong information.

Background, my sister (British) has been dating a US guy now for over a year, coming and going with the VWP. They have been talking about marriage and I think they are going to get engaged soon, like in the next couple of months. My understanding is they have a couple of options on how they can proceed:

1. Go through the K-1 visa process. Seems the processing time is 16.5 months according to what I am seeing. Come and go with VWP until approved then get married in the US and then file AOS + AP
2. Get married and file I-130. Come and go on VWP until approved, which is about 60 months from what I am reading
3. Not sure about this one. Enter on VWP, get married and then file I-130 + I-485 concurrently + AP. Read some contradictory information about this as it seems to be a gray area since there might be implied intent at remaining if entered on the VWP, even if that was not the initial intent upon arrival. That said, I'm reading that its a nightmare trying to get an interview at London so thinking this might be an easier/better/faster way.

Appreciate any input!

Last edited by dh010447; Jun 21st 2023 at 9:01 pm.
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Old Jun 21st 2023, 9:09 pm
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Default Re: VWP marriage and AOS with AP

You should not advise #3. It is illegal to enter the USA with the intent to adjust status. Just in case something goes wrong, it's a ban from the USA.

Stick to Options 1 or 2.

Rene
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Old Jun 21st 2023, 9:40 pm
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Default Re: VWP marriage and AOS with AP

2 won’t be anywhere near 60 months! Maybe 18 months going on current timescales, but it seems to be speeding up considerably recently. See the thread a few below yours, forum member had his I-130 approved in 5 months, so that could be as quick as 8 or 9 months in total - About to start the I-130 process

And interviews for London are fine - 3 months from Documentarily Qualified to interview date is the norm now, London is one of the better consulates at the mo that has got on top of their Covid backlog. Our interview date is mid July, 2.5 months after we were DQ’ed.
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Old Jun 21st 2023, 9:43 pm
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Default Re: VWP marriage and AOS with AP

Originally Posted by Noorah101
You should not advise #3. It is illegal to enter the USA with the intent to adjust status. Just in case something goes wrong, it's a ban from the USA.

Stick to Options 1 or 2.

Rene
Thanks Rene. I thought option 3 might be a bit dodgy.
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Old Jun 21st 2023, 9:46 pm
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Default Re: VWP marriage and AOS with AP

Originally Posted by christmasoompa
2 won’t be anywhere near 60 months! Maybe 18 months going on current timescales, but it seems to be speeding up considerably recently. See the thread a few below yours, forum member had his I-130 approved in 5 months, so that could be as quick as 8 or 9 months in total - About to start the I-130 process

And interviews for London are fine - 3 months from Documentarily Qualified to interview date is the norm now, London is one of the better consulates at the mo that has got on top of their Covid backlog. Our interview date is mid July, 2.5 months after we were DQ’ed.
oh wow - that’s much bette than what I was seeing. Since I-130 is electronic now, was not sure what processing center would be used so juts picked the NBC when looking at the time estimate. 3 months is pretty good for London too, I think what I wa looking at most have been Covid related delays. I’ll check on trackIt actually and see what people are posting there. Thanks for the input!
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Old Jun 22nd 2023, 8:08 am
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Default Re: VWP marriage and AOS with AP

Hi,

I completed the online i-130 on 18/5 and initially was suggested that the estimated time until decision would take 11.5 months, within 2-3 weeks it dropped to 5 months, I still check regularly in case it goes back up but it's currently still estimating 5 months, I'll continue to check and update if anything changes.

Originally Posted by dh010447
oh wow - that’s much bette than what I was seeing. Since I-130 is electronic now, was not sure what processing center would be used so juts picked the NBC when looking at the time estimate. 3 months is pretty good for London too, I think what I wa looking at most have been Covid related delays. I’ll check on trackIt actually and see what people are posting there. Thanks for the input!
The electronic processing timeline isn't covered on the processing center site and is on the USCIS application, you can view the case and check the processing time and case history,


Last edited by DerekB1972; Jun 22nd 2023 at 8:12 am.
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Old Jul 19th 2023, 7:01 pm
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Default Re: VWP marriage and AOS with AP

So I'm going out with a Texan and I'm going over this September. We're both fully happy with the idea I'd move to be with him. I was previously advised on this forum that if I came over on the esta, and married, he'd just need to get the marriage certificate and apply for a spousal visa, I could still visit with an esta and go through the London process.....is this still correct???

Also what does the London interview intail?? I know there's a scan re: TB but is there more info available??
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Old Jul 19th 2023, 7:16 pm
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Default Re: VWP marriage and AOS with AP

As per earlier posts, you can marry in the US while you are on the VWP program, you then return to the UK and your spouse starts the sponsorship process.
You'll be interviewed in the UK.
You can visit while the process is taking place.
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