leszke.1

Hello all

I haven't posted to this forum in a while and I have to make this post quick and concise - so here goes.

I'd like some of your opinions regarding what I'm thinking of doing - and informtion on AOS rules etc. Please do not recommend me any URLs to go to or FAQ sites as I have been to them all.

I am a UK citizen visiting my US citizen here in the USA on a Visa Waiver for 90 days.
We now have come to the sudden conclusion that we need to be together and want to start a life together immediately.

IF we consider marrying whilst I am on the Visa Waiver, and then applying for AOS with the INS by filing the appropriate forms - please can I ask:-

Do we have to marry before my I-94 90 days expire?

Do we also have to not only marry, but apply for AOS and file all the forms relating to that - before my I-94 90 days expire?

If we don't manage to do all this before my 90 days expire - am I considered out of status, and will I be subject to refusal of visas/deportation? Must I stay in status at all times? I heard that being out of status for a short time is forgiven in the case of VWPP immigrants who are applying for AOS.

Who can debate with me the best option - K-1 from the UK or AOS whilst I am here? Considering I am in the country at this very moment......

Hope someone feels compelled to respond....

Karen.

Ticket To Us

In article ,
leszke.1 wrote:

    > I am a UK citizen visiting my US citizen here in the USA on a Visa
    > Waiver for 90 days.
    > We now have come to the sudden conclusion that we need to be together
    > and want to start a life together immediately.
    > IF we consider marrying whilst I am on the Visa Waiver, and then
    > applying for AOS with the INS by filing the appropriate forms - please
    > can I ask:-
    > Do we have to marry before my I-94 90 days expire?
    > Do we also have to not only marry, but apply for AOS and file all the
    > forms relating to that - before my I-94 90 days expire?
    > If we don't manage to do all this before my 90 days expire - am I
    > considered out of status, and will I be subject to refusal of
    > visas/deportation? Must I stay in status at all times? I heard that
    > being out of status for a short time is forgiven in the case of VWPP
    > immigrants who are applying for AOS.
    >
You can marry and file AOS ANY TIME, while you are in status or after
you fall out of status. As long as you entered the US legally, which you
evidently did, you are ok. Read the I-485 adjustment of status form to
confirm this. Note that there are EXCEPTIONS for the spouse of a US
citizen.

    > Who can debate with me the best option - K-1 from the UK or AOS whilst I
    > am here? Considering I am in the country at this very moment......

It's your call. If being in the US with your fiance/spouse is the
primary concern, marry and file AOS.
--
US Ticket

simon bland

Couldn't agreee more, just bear in mind however, that shold you overstay for a long period without filing AOS, I think it is 180 days, then you will need AP to leave the country while your AOS is adjudicated

Rete

Yes you can marry. Yes you can stay and adjust status. Yes you are considered out of status for every date after the expiration of your I-94 and the filing of your AOS. If the out of status proceeds to the 180th day, do not apply or and do not use if given advance parole. If you leave the country even with it and have an overstay of 180 days or more, you are subject to a ban from re-entry.
The rule of thumb is to wait as long as possible (minimum 60 days after entry) to marry as it seems INS thinks your motives are purer and less fraudulent if you wait that length of time. Also one should never ever attempt this if at the POE you out and out lied to the examining agent about the purpose of your visit.

I am not going to debate this issue with you. There is nothing to debate. There is the fact that INS will forgive marriage on a tourist visa and/or under the VWP if no fraud at the POE was committed. And there is the fact that if you want to be 100% safe from worry, you go the K-1 route. What is there to debate?

Happy Choosing.

Rete

leszke.1

Rete & all,

Rete thanks for all your information - it really is gratefully received (as always) at this very difficult time.

So Rete - you're saying that as long as I don't leave filing AOS until like 180 or so days after I fall out of status - I should be OK?

There are no grounds to immediately refuse my application and/or deport me just because I married, and didn't manage to file for AOS until 3 or 4 weeks after my VWP 90 days expired?

(I have had advice from Immigration Attorneys who say that they strongly recommend doing the whole thing and filing AOS BEFORE the 90 days expire - to stay "in" status - and if you don't then they recommend using their services - surprise surprise...)

I'm only asking the above because I only have exactly 5 weeks to the day left in the USA - and I really don't know what is the best to do. I guess in 5 weeks anything's possible.......and these circumstances are the only ones under which you ARE allowed to file for AOS on the VWP - last minute confused decision!

Hope to get a reply from ya all,

Yours, stressed,

Karen.

P.S. - HINT - If anybody can offer a clear, concise and COMPLETE list of what forms I need to file for the AOS application - I''d be very appreciative. I know this is a drag - but it's my life. My life that had to be decided in 55 days...

Kady

Hi Leszke.1

I just posted a similiar question but we have already gotten married. My husband being British and me being a US citizen have asked immigration this question. They are telling us that the papers for immigration must be filed before the deport date. This way your case is pending and you are allowed to stay past your date. My question was is this correct? Everytime I talk to a different immigration officer, I get a different answer. I'm hoping the majority rules and this is correct.

Hope this helps, Kady