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."

Re: Adjustment of status
 

I understand what you are saying. There are other issues we have had to consider,
If i go back to the UK and apply from there it could take a long time before i see my wife again, She has a serious fear of flying so is unable to visit me there. We could be apart for a year. Not really a good option,
Also she has cancer. In remission, but still a factor that makes me not want to leave her for any long period of time.

Re: Adjustment of status
 

Hey Paul :)

First of all congrats on your marriage - isn't the most ideal circumstances to do it, but hey what's done is done so let's take it from there :)

Few questions which will help clarify the situation so that we can see where you are at.

How long do you actually have left on your VWP? I ask this because although nothing is guaranteed with a VWP ->marriage based AOS, ideally it would be best if you can submit your application before your VWP expires.

Is your wife in a position to sponsor you financially ? Part of the AOS submission is a requirement for a financial sponsor, i.e. someone who earns more than 125% of the federal determined poverty line. If your wife can do this solely that's good - if not then although she will be your sponsor anyways you will require a joint sponsor to help. That person can be any other USC aged 18+. So you need to start thinking about that if it's needed now as the AOS application will be incomplete without it. We can go into more detail on this if it's necessary such as assets, number in household etc once we find out what the situation is with your wife :)

Do you have ANY possible inadmissibility issues? In particular do you have a criminal record and if so what for ? Have you ever been arrested if so when?

Ok that's about the most basic of things that needs covering - let us know what the situation is :)

As has been said you really should make at least a one off appointment with a qualified immigration attorney here ( should be about $150) so that they can have a looksee at your situation and your options. The important thing is whatever you do you have to act relatively fast. AOS from VWP is not without it's dangers, and you should be aware of them. When it goes wrong - it goes wrong in a big way. That being said, for others it works out. No one can say what category yours will fall in - but we will do our best to offer what advice / experience we have to try and help you.

Re: Adjustment of status
 

The joint sponsor could also be a US PR. Either way, the joint sponsor must be living in the USA.

Rene

Re: Adjustment of status
 

thanks for your help.

I have 6 weeks left on VWP. No criminal records.

Yes my wife works and is above the poverty line by that much.

I contacted an immigration lawyer today and they advised it should be ok. Its a good valid reason to speed up our plans.

Re: Adjustment of status
 

Good catch - I always forget the PR :)

Re: Adjustment of status
 

Ok good - well you are on the right path so next stage is get moving on this asap.

You will need to download the forms from the USCIS site here :
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
you will need the following :

Petition for Alien Relative I-130

Application to Register
Permanent Residence or Adjust Status I-485

Affidavit of Support I-864

Application for Employment Authorization I-765

Report of Medical Examination and Vaccination Record I-693

Biographic Information G-325A

Advance Parole I-131

:)

Re: Adjustment of status
 

thanks.

Advance Parole I-131. do i need this if i have no reason to leave the US?

Re: Adjustment of status
 

Yes you do ( oops! see edit) * . If you advance with the AOS under these circumstances then ideally (though I do have some vague recollection of Mr. F saying using AP could be a a plus ????) you don't want to leave the USA until it's complete. If you do have to leave then you would require this. It's free as part of the AOS package so you may as well get it :)

EDIT* OOPs! not if you have no reason to leave the US but you never know it may be necessary in the time it takes for the AOS to be completed. See MR. F's post that explains it clearer :)

Re: Adjustment of status
 

ok cool.
Is the AOS package separate from I-130. Do i need to pay fee for that.

Re: Adjustment of status
 

As now, there is no "need." But the application is free when filed in relation to an adjustment. Think of it as an insurance policy with no premium other than filling out the application.

Re: Adjustment of status
 

I updated the Wiki regarding cost for AOS.

http://britishexpats.com/wiki/Adjust...f_Status#Costs

Rene

Re: Adjustment of status
 

File the lot together ( i.e. concurrently) The I-130 allows for the AOS ( I-485) to be filed as it determines your status as an 'immediate relative' of a USC ( in your case a spouse) The overall cost for the total package is :

$1,010 for the AOS
$355 for the I-130

= $1,365

( I think thats all )

Also be aware that you will have to pay for your medical examination (plus any vaccinations if you require them). You can only use the Recommended civil surgeon's list (see the details on the form instructions) for the completion of the medical. Prices vary, so phone around ;) I would get on this asap as sometimes there can a delay getting the appointment. :)

Re: Adjustment of status
 

Yes, it is separate and you do need to pay for it and the I-130 and the biometrics and you need your medical BEFORE you can file anything.

And I believe you will need the I-131 Advance Parole since you married on the spur of the moment there MUST be loose ends in the UK that need to be tied up into a neat little package. I.E. subleasing your apartment or selling your home, packing up your belongings for shipment, contact with the UK authorities notifying them of your new non-residence status, inland revenue business, etc. If you were married before you need your divorce decree. If you have children from a previous relationship, you will need to include their names, addresses, etc. on the forms. There is a slew of things you will need before filing if you want your petition to be accepted from the start and thus not allowing yourself to ever become out of status and at the mercy of the USCIS/ICE agents.

Do you have your birth certificate? That is needed for your AOS / I-130 package. Do you have your military discharge paperwork if you were in the military? Do you have the registered certified copy of your marriage certificate?

Re: Adjustment of status
 

Make sure it's the long form birth certificate.

Rene

Re: Adjustment of status
 

A VWP who uses that advance parole will no longer be a VW entrant. If they get before an Immigration Judge, they can renew the denied adjustment. A VW with a denied AOS will almost never see the Immigration Judge.

Re: Adjustment of status
 

Thanks for that clarification. I knew you had mentioned something about it previously but I couldn't recall the details :)