JustSomeGuy

Hypothetically speaking. If a person came in on the Visa Waiver Program, got married and then applied for Adjustment of Status. How would they prove their intent to return home again:

a. At the Port of Entry

b. When they subsequently applied for Adjustment of Status.

Bluegrass Lass

How do you prove a negative? You can't.

Hypothetically though, it could potentially be shown by ties that have been left behind, such as: lease agreements, a mortgage, a job, kids (perhaps), a car, and/or other property that would need to be disposed of.

lansbury

As you are already here, you obviously left all your previous life in the UK intact and did nothing before you left indicating you had no intention of returning. There is the proof you need to show them.

uknobby

You dont have an intent to return home if you are doing AOS I would be extremely concerned as to your situation as people have already stated due to the VWP>AOS recent changes, and as you have already bent the truth somewhat in several occasions especially after looking at your other post ie spur of the moment marriage but you got a police certificate before you left not very spur of the moment and all these things will be looked at i expect very closely as weather you came to the USA with intent to stay. I'm assuming you have a return ticket to fly home? Consult an experienced Immigration attorney asap and consider returning home before you overstay as this will lead to more problems and do you really want to spend many years possibly apart from your new wife.

JustSomeGuy

Yeah. We are booked in to see him. He's already pretty much told me what you guys are telling me here. Yes I still have a flight I can use.

meauxna

In case you haven't read it yet, review this thread and make some notes with your questions before your appointment: http://britishexpats.com/forum/showthread.php?t=651746

Much depends on which state you live in at the moment. While the law is Federal, the judges are not and different districts are making different determinations on this topic.

One question I would ask is about recent (past couple/few years), similar adjustment cases *in your District*.
Don't hold out for the answer you want to hear; make sure you can proceed with confidence whichever route you choose. Be truthful with the lawyer about your prior intent actions.. this stuff stays in the sanctum of your lawyer's office.

Noorah101

I just wanted to say that a lot of the recent VWP > AOS stuff is about those who filed AOS after the VWP 90 days ended.

The OP filed AOS within the 90 days. That *might* make a difference in his case.

Something he should be sure to point out to the attorney during his consultation.

Rene

meauxna

Yes! Also very important!

Bluegrass Lass

Exactly. If the OP had sold his car, possessions, house, quit his job, and shipped his pets over, that would clearly show he had immigrant intent.

md95065

Hypothetically speaking. If a person came in on the Visa Waiver Program, got married and then applied for Adjustment of Status ... and were still within the 90 days allowed by the VWP ... they could prove their intent to return home again by returning home again before the 90 days were up ...

ian-mstm

That would certainly prove their intent... however it would be a colossal waste of money since the AOS would be deemed abandoned the moment they left the US.

Ian

usanewlife

But what if there is an approved I-131 Travel Authorisation for the person seeking AOS and who filed within the 90 days? In my daughters marriage based visa, she travelled in and out of the US with an approved travel authorisation while she was in AOS. However, upon her return to the US, she did have some long secondary interviews at PoE even with the travel authorisation.

JustSomeGuy

So if you truly come in without intent you’ll have to go home to sell your car, put stuff in storage tie up loose ends etc etc but then you abandon your AOS as soon as you leave.

On the other hand if you “come in without intent” and stay they’ll bust you anyway for having intent.

Rete

People ... STOP

MD spoke hypothecially. It is NOT possible to obtain the I-131 Advance Parole in time for the OP (or most anyone else in this scenario) to head back home.

And in any case, having filed for AOS returning to your home country with the A/P in your possession does not cancel out the fact that you entered the US to marry and remain.

As for will the USCIS see it this way, they may and they may not.

We are currently at a point in USCIS times, where "some" USCIS districts have rejected/denied AOS for VWP entries/marriage/adjustment if the filings were over the 90 days of the VWP entry.

Some are still approving them. Some are taking harder looks at intent upon entry. Some are not.

Seek the advice of an experienced family based immigration attorney.

You can no longer rely on the "he did this and was fine" attitude. Find out for yourself by consulting an attorney what your situation is in regards of adjusting while having used the VWP to enter the US.

ian-mstm

Filing within 90 days isn't the issue... it's leaving the US prior to the end of those 90 days... prior to receiving A/P. If you leave the US prior to receiving A/P, your AOS is considered abandoned. Even if someone married the day they arrived in the US, and immediately filed to adjust status (on the assumption they received their marriage certificate immediately), it's only barely possible they would have A/P in hand before the end of those 90 days. I'm not saying it's not possible... just very unlikely.


I'm going to go out on a limb here, and guess that she didn't leave the US until after she received A/P, and that she received A/P after her 90 days was up.

Ian