if someone enters legally by VWPP but later on gets out of status and at the time of adjustment of status through USC spouse, how much is the possibility that INS will tell the person to adjust status abroad at his/her home country. Rest assured there is no other violation but overstay and work illegally

This message has been edited. Last edited by: happygolucky,

ANY response please

hello any one please

AOS is only available in the US; it does not make any sense to do AOS abroad. You are adjusting an existing status. If you are abroad you do not have existing status.

Thanks Michael. I was just wondering due to overstay and working illegally, can INS tell the person to go back home to get the immigrant visa.

happygolucky:

Make sure that if they ask you which one was the purpose of your trip to the US, state that it was to VISIT! if you ever acknowledge that you had immigrant intent like came to marry they will accuse you of marriage fraud, deny your petition and because you entered on VWP there is no appeal possible.