Adjustment of status
 

I got married this week to American citizen. We are in North Carolina.
I came over on a visa waiver, I am British.
we have been friends for over a year and i just cam over to visit. But on this visit we decided we wanted to marry and be together.
When i initiall came over i had the intention of going back to the UK. Now i want to stay.
Is it ok to enter the US and marry on a V waiver. If we put in the forms for adjustment of status etc will the accept the fact that i entered without the intention of staying in the US perm.

Thanks

Re: Adjustment of status
 

Hi Paul, Welcome to BE.

The VERY BEST thing you can do right now, is to have at least a 1-time consultation with an immigration attorney who can legally advise you. The path you are intending to follow has severe consequences if it does not go well (if your AOS is denied). Whether that's a risk you are willing to take, just depends on you, and it's best to have an attorney spell everything out to you.

I will say, my layman's opinion is that, the BETTER thing to do (i.e., no risk) is for you to return home and do a spouse Immigrant Visa.

Best Wishes,
Rene

Re: Adjustment of status
 

Hey,
everybody can change his mind. You can file AOS becuase you married in a "spur of a moment". Many people did this in this forum -so did I.

It will be helpful if you add to your documentation things like return ticket and evidence for ties to the UK. I did this and the issue of pre-intent never came up.

However you will need at least a one-off consultation with a immigration attorney to get information about the risks involved to file AOS from VWP.

Also under any circumstances file your AOS within the 90 days of your VWP.

Do not overstay becasue this can/will add additional risks.

BTW if you take the risks is solely down to you and your wife! Good Luck

Hope this helps
CCR

Re: Adjustment of status
 

Thanks CCR.
Well i have the return ticket and i have some time left on VWP. We are looking to put the forms in straight away.
I know there are risks, but we have nothing to hide so i guess we may just go for it,
Did it work out well for you?
Paul

Re: Adjustment of status
 

As long as you guys don't mind living in the UK, if it doesn't go well. :)

Rene

Re: Adjustment of status
 

Well thats a risk. But i will deal with that if it happens. Seem cheaper in England now anyway lol

Re: Adjustment of status
 

Hey paul,
actually it did. In MY case the USCIS checked only if I had a bonafide marriage even if I applied earlier for a GC through employment.

But again this is MY case and every USCIS director has is own discretion how they want to treat each case.

A Immigration atttorney will help a lot to mitigate risks and avoid RFE'S ETC.

However if they decide to make your case exemplary you have no chance.

But obviously you are well aware of the risks and I wissh you all the best.

Kind regards
CCR

P.S. Also you can start your medical right away. This will avoid a RFE

Re: Adjustment of status
 

Many people have done this with no problem. However, when they do go wrong, they go wrong big time -- this is solely within the discretion of the DHS.

Re: Adjustment of status
 

what does RFE stand for?
Paul

Re: Adjustment of status
 

Request for evidence. happens when your documentation is not complete.

Usually you have 4 weeks to respond otherwise your case will be denied.

Re: Adjustment of status
 

http://britishexpats.com/wiki/Adjustment_of_Status

Look under the "Process" topic in the above link.

Rene

Re: Adjustment of status
 

pNC,

Yes.

Maybe.

Regards, JEff

Re: Adjustment of status
 

Yes. However, it is illegal to enter the US with the intent to marry and stay to adjust your status. So... how do you prove you did not have prior intent? Answer = you can't, insofar as it is impossible to prove a negative. And make no mistake - the onus is on YOU to prove you did not have prior intent... not with USCIS to prove you did!

Most people who get married love their spouse enough to NOT do something stupid that would jeopardize both of their lives. Perhaps you have a high risk tolerance. Does your wife?

Ian

Re: Adjustment of status
 

yes but i can prove i had a house and a job to go back to. Having to give all that up

Re: Adjustment of status
 

To others in this forum: it is his life, not ours. "You may lead a horse to water, but you cannot make it drink."