AOS from VWP

[stardust]

My husband is doing an Adjustment of Status from the Visa Waiver Program(I am a USC). His VWP I-94 has been expired for 6 months. On the I-485 it asks for his "current INS status" and "in what status did you last enter in". I have heard that from different sources that I should put down either "expired visitor", "visitor" or "visa waiver program". What should I put down for the answers? Should I mention the VWP or does it not matter?

On the I-485 they ask for my husbands I-94 #, I have an I-94W# (on a little green card) from the VWP, is that the same thing?

Lastly, we are moving around the state a lot, on the I-485 it asks for our address, it it ok if we put our address from Mailbox Etc. on the forms instead of our residential address? Do I have to note my residential address anywhere or will putting just my mailing address be ok?

[stardust]

My husband is doing an Adjustment of Status from the Visa Waiver Program(I am a USC). His VWP I-94 has been expired for 6 months. On the I-485 it asks for his "current INS status" and "in what status did you last enter in". I have heard that from different sources that I should put down either "expired visitor", "visitor" or "visa waiver program". What should I put down for the answers? Should I mention the VWP or does it not matter?

On the I-485 they ask for my husbands I-94 #, I have an I-94W# (on a little green card) from the VWP, is that the same thing?

Lastly, we are moving around the state a lot, on the I-485 it asks for our address, it it ok if we put our address from Mailbox Etc. on the forms instead of our residential address? Do I have to note my residential address anywhere or will putting just my mailing address be ok?

[aguila18]

Put his I-94W# where it ask for the I-94# it is the same thing.

In regards to "in what status did you last enter in" Write Visa Waiver Program.

As to the other question I guess "expired visitor" should be fine.

Now, in the AOS interview the Immigration Officer will ask him with what intent did he entered the US, he must state that as a tourist. If he mentions that he knew you (if that is the case) and decided to come to the US to marry you, he will be deported in the spot and there is no appeal or anything because when some enteres on VWP it also waives his rights to appeal and appear in front of Immigration Judge.

You should put your residential address, I would not suggest using a PO BOX at all, it might look fishy to them. Try do not move until the interview.

Hope it helps!

[stardust]

Thanks. I have to move b/c my job is moving me a year from now. As to the VWP, he actually came left and came back on the VWP three times before we decided to get married. We actually weren't planning to get married, he was suppose to go back to Australia, but we were going to miss each other so much we just decided to get married b/c we couldn't stnad being apart.

[aguila18]

It does not matter how many times he left and came back in VWP, if you mention what you just posted to me on the AOS interview he will be denied and removed from the US. If you guys decided to get married and knew each other before he entered the country for the last time you should have applied for some sort of K visa.

Visa Waiver is for non-immigrant purposes, so it is very important to do not give to much information in the interview and when they ask him the purpose of his last trip just say visitor.

[ZabZub]

Aguila 18,

Thats kinda my worry now..coz I got married while on VWP. I was invited by my husband and his family for a holiday in the US and that time I just got to know my hubby like only 2 weeks. I guess i better be modest and say...that they all liked me instantinously and my hubby proposed on the same day I arrived..."blush"

I am just wondering if the fact that my parents did not go with me for the trip is a strong proof that that there was not intention of marriage..?

ZabZub

[aguila18]

How did you meet your husband? Did you ever seen personally before coming to the US on your last entrance with VWP?

How long after you entered did you get married?

I entered on visa waiver too and got married one month after of my expiration date, I remembered how the immigration officer went into her calendar to count the days to check, my mother came for my wedding and that was the turning point of the interview, because she saw it was a wedding for real...

[ZabZub]

With the tons of evidence i have, I have no problem proving that this marriage is for real...my only concern is proving to them that the last entry to US, there was no intention to stay. We were introduced by a mutual friend.
We got married like 4 days after my arrival and even applied for a marriage license before that. Any tips/ suggestions will be greatly appreciated.

[aguila18]

ZabZub:

Your case is extremely complicated. I don't want to be mean or anything like that, instead I want you to be aware of this so you will have a possitive outcome anyways :-)

Have you ever heard about the USCIS 30/60 rule? It is normal practice for USCIS to deny cases were alien got married in his/her first 30 days of stay in the US, or even up to 60 days. The reason why they deny this cases is based upon the fact that alien used a non-immigrant visa or visa waiver where his/her intent was to remain in the United States.

I am not saying your marriage is not for real or anything but the fact that you marry 4 days after your entry makes your case complicated.

I don't understand how did you guys applied for a marriage license long before you entered the US, unless you were in the US prior to your last entrance because if that is the case then this will NEGATIVELY impact your case rather than positively as you think the reason why is because if you were here before and applied for marriage license then left the US and came back on Visa Waiver, it is OBVIOUS for them that you have an IMMIGRANT INTENT and you use a NON-IMMIGRANT VISA WAIVER.

I will look for a link that has lots of good information on this issue and post it here so you can look it up.

As for now, I would say an ATTORNEY is a MUST in your AOS interview.

[aguila18]

http://k1.exit.com/

Go into the Tourist Visa section of this website and you will finde useful information for your case and possible remedies to your situation

[ZabZub]

WOW...what a long response....thanks so much for taking time out. the marriage license was applied one day after my arrival and it took 3 days to approve. Once we got the approval we had the wedding. i for sure will inform my husband about hiring an attorney.
I now await for more info from you.
Thanks once again...you are so kind.
ZabZub
p/s- i dont even know abt that 30/60 rule...

[ZabZub]

it says the page has moved...?????

[aguila18]

ZabZub:

How did you meet your husband? I am asking you to give you better advice, that is the first question they will ask you and your husband at your AOS interview. Were you in the US prior to the last time you came?

I am sorry to be the one who has to tell you this, but your case is EXTREMELY HARD, not because they won't believe that you are married for real, but instead, this is considered visa fraud, it was a really bad idea to apply for a marriage license the day of your arrival!!

You need to get a GREAT attorney to help in this one, because if you are not succesful at your AOS interview then you can be removed from the US in a second since you entered on Visa Waiver you can appeal nor fight for your case through the Courts... also 'visa fraud' will ban you forever from getting permanent resident status.

[ZabZub]

we met thru a mutual friend and no i was not in the US before. the plan was for me to stay for a month with him and his family and then go back to Singapore ...his parents were not comfortable of a boyfriend-girlfriend relationship ...coz of religion/culture reason...thus the marriage. i feeling down right now..but what can i do...im very honest with my dealings and there was never any intention to commit any fraud whatsoever.

i just leave it to GOD to help me. In the end..its in his hands. I have very strong faith.

if its my destiny not to be in this country..i will accept it..my husband told me hes willing to move to Singapore if need to..afterall..Singapore is just as developed as US.

Thanks Aguila18! Appreciate your advice truly!

ZabZub

[aguila18]

ZabZub...

I feel you... pray pray pray! I have a difficult case with USCIS right now too, although I am already adjusted to conditional permanent resident, but in the end sometimes I feel that is all in GOD's hands... If you have not overstay your Visa Waiver yet what you could do is go back to Singapore and come back on a proper visa, a fiancee visa in that event you would have to withdraw your current AOS petition you filed, but I guess is too late to do that.

Not everything is lost, is good that I let you know about this because now you can go and look for a good attorney to help you get you and your husband out of this one.

I guess your best chance to defend your case is to state that you met with your husband through a mutual friend (did he attend your wedding, having him make an affidavit stating that he knows you and him etc etc) and that you decided to come to the US to meet him personally, and that you guys confirmed what you already felt and decided to get marry immediately because you guys did not want to get separated and his family religious background would not allow him to stay together. I think this would be a pretty good defense however you will need the backup of that mutual friend... Have an affidavit stating what his/her name is, where he/she resides, and that he/she knows your husband since --- and that also knows you since --- that he/she thinks that this marriage is does not constitute any fraud and that he/she has never seen you both ever happier than now, that he/she attended your wedding (if is true) and that he/she has visited you at your home (if it is true) or that you as a couple have visited him/her at his/her home, get my point? This statement must be notarized to be strong.

Let me know when you see an attorney what they suggest.