robclews

A hypothetical question.

So I am now in the USA from the UK on a waiver, here for the holiday, I have a Vermont 129f about to hopefully be approved any day, and possibly a mid Jan London interview. If I decided to marry now this minute and not return on Dec 29th could I apply for AOS, and legally stay in the USA. ?

Will that give me any advantages over the route I am following now, will I be able to work quicker this way as I will undoubtedly have to wait 90 days for my EAD once married using the 192f route. Or would the route I am taking, the text book way, be a faster way to my EAD, and ability to support my family.

I saw a thread earlier relating to someone who just rode rough shod over the system, and it set my mind racing.

Get your teeth round that one

Rob

Rete

The advantage is that you don't have to wait out the I-129F and fly back home to the UK on the 29th of December and miss New Year's Eve with your fiancee. The downside is that with a I-29F pending and getting married between now and your pending departure date means the INS might look closely at your intentions when you entered the US. Not saying it can't be done successfully, as others have done what you are proposing and done so without problems. Such was the case with Scot whose nick I don't remember who was married to a USC and waiting for the I-130's approval in the US and the interview in London. He came to the US with his fiancee when she got sick while visiting him before the I-130 was approved, stayed and refiled and is now a conditional permanent resident.

It is a gamble and only you know if you want to take it.

As for the work issue, you know that INS is not giving out EAD's the same day you apply and the wait is still going to be from one week to 90 days before you get it. So in that area what are you gaining?

Rete

Lilakay

"robclews" wrote in message
news:[email protected]...
    > A hypothetical question.
    > So I am now in the USA from the UK on a waiver, here for the holiday, I
    > have a Vermont 129f about to hopefully be approved any day, and
    > possibly a mid Jan London interview. If I decided to marry now this
    > minute and not return on Dec 29th could I apply for AOS, and legally
    > stay in the USA. ?
    > Will that give me any advantages over the route I am following now, will
    > I be able to work quicker this way as I will undoubtedly have to wait 90
    > days for my EAD once married using the 192f route. Or would the route I
    > am taking, the text book way, be a faster way to my EAD, and ability to
    > support my family.
    > I saw a thread earlier relating to someone who just rode rough shod over
    > the system, and it set my mind racing.
    > Get your teeth round that one
    > Rob
    > --
    > Posted via http://britishexpats.com

A person who entered the US on the visa waiver program usually cannot file
AOS, the exeption being if petitioned by a spouse. This option is available
to you.

Go get your H-1 then reenter. You may file an AOS app. and maintain an H-1
status simultaneously. Just do not use the EAD or travel using advanced
parole.