MarsBar

A member of my forum has recently considered doing exactly this - VWP to AOS. To the original poster, the fact that you are even considering this method of immigration may be considered intent to stay when admitted under the WVP.

Because of my concern for the member of my forum who is considering this path, I did some digging to support my suggestion that she not go through with it.

You can read the thread here: http://forum.diveintoamerica.com/vie...pid=3886#p3886

The most relevant information that I would like to add to this thread here at british expats is as follows:

The Source is: The USCIS Government Website located here: http://uscis.gov/graphics/howdoi/extendstay.htm

and...

The source is: The Customs & Border Protection Official Government Website located here: http://www.cbp.gov/xp/cgov/travel/id...a_adrecord.xml

and...

The source is: The US Department of State Government Website located here: http://travel.state.gov/visa/temp/wi...hout_1990.html


Some other compelling thoughts:

From the USCIS Website on extension of stay for eligable non-immigrants. The point is true no matter what aspect of the USCIS you are dealing with...

and...

From the US Department of State Website on Visa Denials...

In other words, guilty until proven innocent. In terms of ensuring the security of the united states the government must take steps to protect its borders and in doing so must assume that you are intending to stay within the united states unless you can prove otherwise. The responsibility of proof falls 100% on the foreign national to prove that they have "strong ties" to their country of origin. Those strong ties will suggest to the immigration officer that the foreign national has sufficient reason to return to their country of origin, for instance a job or family.

If for any reason the USCIS believes that you may not have sufficient ties to the UK upon application of admittance, they can refuse you entry. Good reasons for denial would be the presence of a close loved one in the united states and no ties to the UK to ensure return.

I refer back to the 4th quote in this post which states that a willingness to obey the laws of immigration goes a long way, and any hesitance not to can result in denial of admittance. In my opinion, it is far better to follow the rules and guidelines than take risks in these circumstances.


Best of luck and I hope whichever path you choose goes smoothly for you and your family.

Sarah

Ray

but that little section on the I-485 says
You were admitted to the United States as a visitor under
the Visa Waiver Program, unless you are applying
because you are an immediate relative of a U.S. citizen
(parent, spouse, widow, widower or unmarried child under

hcj1440

Hi MarsBar

The OP is already in the US -- you might have missed that.

Also, as Ray said, immediate relatives of US citizens are specifically permitted to adjust status even when they enter on VWP.

MarsBar

Yes I did miss that. Appologies, I dont often post to this forum anymore as you can tell. I mearly stumbled across this thread in the process of research.

Anyway, could either of you please provide quoted evidence and relevant links from an official government source that says immediate relatives of US Citizens are permitted to Adjust Status while on VWP? In all my research I have never found a reliable and official source which stated this as fact so if either of you can provide this information or a link to where this is stated in the INA that would be most helpful.

Thank you,
Sarah

MarsBar

Also, as a second thought, if what you are saying is true, why then do other immigration methods / paths even exist? For instance DCF? If it were legal for immediate relatives to Adjust Status while on VWP why all the huff and bother to "follow the rules" and apply any other way?

andrea874

::Be's living proof:: (well not VWP, but close enough)

Its illegal to come here INTENDING to adjust. If youre already here, and whoops you decide to stay, thats a different story.

Ray

Just read the I-485 form as I said ..
It is said that some 70% of AOS thru marriage are done by those who married on the Visa Waiver...
And then as Andrea says ..the word intent is the main point.

MarsBar

O-M-G Guys, there it is just staring me right in the face. I searched for hours to try and make heads or tails of these damn laws, knowing something so STUPID and SENSELESS and CONTRADICTORY MUST be wrong, and then opened the damn form for AOS (thinking, that would be the LAST place it would be clear as day) and there it was!!!

I quit.

I cannot believe so many people go out of their way and suffer months of hardship and seperation to go by the book when the left hand of the USCIS demands that you "must" have a visa prior to entering the USA for green card purposes, and at the same time the right hand is saying ... "well technically, but hey - what the hell!!".

Im shocked. Why bother?

*sigh*

andrea874

Its true. You MUST HAVE A VISA when entering the United States FOR GREEN CARD PURPOSES. If you enter the US for OTHER purposes, and your situation changes to the extent that you end up applying for a green card... that is an entirely different situation. I'm not sure why so many people find this concept so difficult to grasp.

MarsBar

I dont personally find it difficult to grasp that the USCIS is capable of such internal conflicts. I simply find it difficult to believe that such wide interpretation of the law is possible. It simply should not BE possible to adjust to legal permanent resident from entering on the VWP. The "OOPS, I guess I'll just apply for a green card while Im here" scenario is just crazy! It shouldnt be possible.

HunterGreen

I would ask 'why not?' but that's not what I really want to know. I'm interested to know why you don't want it to be possible.

Elaine

MarsBar

I personally dont think it should be possible because other methods are in place, methods that the majority of people are being told they should follow. I dont think the law should even allow for the possibility of people with more balls than sense to waltz up to an immigration officer and flat out lie about their intentions so that they can have their cake and eat it too.

Its not at all fair to the people who have been seperated for months, years, for trying to do the right thing by following the proceedures set out for them - the proceedures that institutions like the Embassies and the USCIS push for them to follow.

For the sake of a lie they could have been together in the USA, getting on with their lives while their applications get processed. I dont think that liars should get better treatment than those who attempt to go about things by-the-book. - And Im not kidding when I say liars. When you walk up to an immigration officer and state that you have no intentions to stay in the USA only to enter on the WVP and apply for adjustment of status to a legal permanent reisident - THAT is a lie. And entering the united states under false pretenses, no matter which way you put it, is against the law.

If the other methods did not exist or did not require so many hurdels to be jumped than fine. If you could legally enter the USA on the VWP and honestly state, "I will be applying to adjust status as the direct relative of a USC" then great! Id be all for it. But as it currently stands, people are using this law to bend it to their own benefit and circumvent what the USCIS clearly advises is the correct way to do things. To me, thats just not cool.

Of course, everyone is entitled to their own opinion, arent they?

iniaki

Oh, really, "It simply should not be possible"!!!!!!!
Are you one of those people that likes to get on their soap box and claim that everyone falls under the same circumstances? That everyone coming here under VW is intending to stay, or intending to marry a USC, or intending to break the law.
Let me tell you something, that is just not the case.

Thank God, that they allow VWPs to adjust status. My husband came on a VW, met me, stayed his 90 days, and went back to his country. He came back to visit again. We never thought we would end up getting married but it happened. He did not intend to stay, but he did because he met me. So you see, life happened. Every VW visitor is not intending to stay and adjust status. Every VW visitor is not trying to break or bend the rules. It's just sometimes LIFE throws you a curb ball and we are lucky that we live in a country where they recognize and accept that these things happen to people.

Ray

So your Genuine ...whoopeee ...but its quite amazing the number of people that can come on a visa waiver ..stay for 90 days ... and get married in that period ..who just happened to have sold up all their possessions and quit their job ...a few week before they arrived...

candy wy.

here we go again.....