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Marriage under VWP

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  • Marriage under VWP

    When you get married under the VWP does the marriage have to take place before the 90 days or does the AOS have to been filed within the 90 days?

  • #2
    When you get married under the VWP does the marriage have to take place before the 90 days or does the AOS have to been filed within the 90 days?

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    • #3
      You certainly have to do it after 60 days to avoid showing intent (big trouble)......The clock stops when you file so you are not classed as an overstay if you do it before the 90 days....but it doesn't really matter.........My advice is that if you are going to do this....be prepared NOT to leave the USA....If you do it will cause all sorts of complications and will delay your greencard by years (probably)

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      • #4
        When I said after 60 days....thats the marriage not the filing.

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        • #5
          Thanx for the reply...

          but does the filing have to take place b4 the 90 days or or is there another (longer?) period where you are allowed to file? As long as the marriage has taken place within the 90 days?

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          • #6
            I actually entered under the VWP and got married approx 1 year after entering, so naturally I overstayed. The problem with this is that over 180 days leaves you liable for a 5-10 year bar from the USA. If you have no complications....crimal record etc....it doesn't matter, but as I said, If you leave it beyond the 90 days you may be barred if you leave. I am sure you can appreciate that I am not an expert on these matters, all I know is that getting married on a VWP can be a hazardous road to travel and the only advice I was given was NOT TO LEAVE until I got my greencard. If you married after 60 days I understand that they cannot investigate in respect of intent, so you can file any time after this. If you have any doubts I suggest you speak to a lawyer.

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            • #7
              I filed 5 months after my VW expired. There is no time limit. The only thing is that you risk being deported.
              If the authorities find out that you have overstayed, they will deport you UNLESS you have filed your paperwork. You are allowed to stay while your paperwork is being processed.

              File is asap, and don't leave if you overstayed your visa by 180 days before filing. If you need to leave the country you can file for AP or travel document but it's not a guarantee that you will be allowed in.
              I've travelled on it without problems but there are horor stories out there.

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