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AOS of Brit married to USC

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  • AOS of Brit married to USC

    Can a British Citizen who is here in the U.S. under WVP and now married to a USC eligible to adjust status? Or, does she have to go back to UK? Can somebody help us here please? I appreciate your time. Thank you.

  • #2
    Can a British Citizen who is here in the U.S. under WVP and now married to a USC eligible to adjust status? Or, does she have to go back to UK? Can somebody help us here please? I appreciate your time. Thank you.

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    • #3
      A lot of British here; many are scammers. I don't trust them. I only trust Russians. They are more honest.

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      • #4
        Apart from davdah's last sentence, everything else is correct

        It's sometimes called the "10ft pole" issue on some immigration websites because of the immigrant intent angle of those using VWP to attempt to bypass the normal fiancee visa route (K1) which does involve returning to the home country.

        There have been some instances reported recently when the marriage occurred after the 90 day VWP period expired and the USCIS denied due to overstay so if you do go this route, marry within the 90 day period to be sure. Check your I-94 stamp for the exact 90 day expiry date.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
          Sure, no problem.

          A person admitted under the VWP cannot be authorized to remain in the United States longer than 90 days, except that, in emergency situations the District INS Director may permit satisfactory departure within another thirty days without a violation of status. VWP aliens may not change nonimmigrant status within the United States under INS §248 and may not adjust status to permanent residence within the United States under INA §245, unless they are the immediate relative of a U.S. citizen, or pay the penalty fee pursuant to the provisions of INA §245(i) [Note: INA §245(i) has expired but some grandfathered aliens may still be entitled to use it]. In addition it is required any person requesting adjustment of status pledge their allegiance to the republican party. </div></BLOCKQUOTE>

          Well then, Davdah, go get some more VWP-people and get them hooked up!!! You might come out the winner.

          A friend of mine did it that way. German - came VWP and adjusted after marriage. The officer told her, normally you would have had to file for K-3 bla, bla, bla....I don't like it, but I'll do it. That was many years ago. My friend is still happily married!
          “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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          • #6
            You can adjust. But, it may be denied if you married soon after entry. That is considered fraud.

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