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AOS from VWP

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  • aguila18
    replied
    VWP admitted aliens do not have the right to appeal or appear in front of IJ.

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  • moondin
    replied
    Every local IS office gets like 5-15 VWP marraiges a day. They're kinda used to it by now. They'll ask you your intentions, so you just say "you married on a whim" and say nothing else. Even if you get denied, just appeal -- and then the IS has to *prove* your fraud, and 99% of the time -- they don' thave the resources, and the judge grants your adjustment. Check the stats. Very rarely do they wind up getting denied once appeals go in.

    -= nav =-

    Leave a comment:


  • 4now
    replied
    Stardust and Me2

    Sorry to break this to you, but being "prepared with paperwork is not going to save you from questions. If that officer decides you committed Visa fraud to circumvent k1/k3 program .. a removal will be in order. Be selective and careful in your answers about how you met. USCIS moves quickly away from this topic if you didnt know each other beforehand. so be very careful and take precaution!!!

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  • Mo
    replied
    Hi Everyone...

    I am waiting my Visa to become current for Family based sponsor and then will be eligable for AOS. Currently am F1 student, and was wondering, when I fill out my appliaction for AOS, and provide my current status (F1/I20), will the INS get in touch with the school and acquire information regarding my Student Status is correct or not using the new SEVIS system? or will they simply go by the I20 form (which states I am "in-status") and process my appliaction without doing too much back-ground check? Anyone who has a knowledge in this, your response is greatly appreciated. Thanks.

    Leave a comment:


  • Me2
    replied
    For your first question, the answer is VWP. No need to put expired coz' at the time he entered it still valid.

    Secondly, attach the copy of whatever I94. Its the same thing. Do not send any originals with your application except the forms.

    Actually the interviewer not really ask how many days after you came in that you get married? That is why preparation is very important. When they see you well prepared, they won't ask more. The first normally they will ask is the tax returns, then birth certificate, then other proof of marriage.

    Finally, never ever use p.o. box address coz' USCIS letters cannot be delivered to p.o. box address. Do not moving from another place to another coz it might jeorpardy your case. Furthermore they also would like to see the rent lease as the proof of marriage. So stick at one place until the greencard approved.

    Good luck.

    Leave a comment:


  • stardust
    replied
    Hey can anyone answer my questions at top which was:

    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?

    And FYI my husband and I got married 70 days into it. We talked to lawyer before and said as long as it wasn't really close to the date he entered it would be ok. Yes, w eknew each other before but after two months of him being here did we decide for him to get married so I think that will be ok with INS.

    Leave a comment:


  • ZabZub
    replied
    Thanks a zillion guys!

    Leave a comment:


  • Me2
    replied
    I wish you good luck and all the best for your journey. Be positive and take necessary action and learn your case closely so you know what to do. You can get lots of info in immigration sites.

    Leave a comment:


  • aguila18
    replied
    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.

    Leave a comment:


  • ZabZub
    replied
    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

    Leave a comment:


  • aguila18
    replied
    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.

    Leave a comment:


  • ZabZub
    replied
    it says the page has moved...?????

    Leave a comment:


  • ZabZub
    replied
    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...

    Leave a comment:


  • aguila18
    replied
    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

    Leave a comment:


  • aguila18
    replied
    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.

    Leave a comment:

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