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Question About US Adjustment Of Status

Susan asks…

UK to US adjustment of status?

I am a UK Citizen, I am in the US on a 90-day visa waiver and previously my partner has been in the UK with me for a year – so we have been together 15 months and are getting married tomorrow.

I have only been in the USA for 14 days and I was planning to have my future wife submit the I-130 after the marriage, I would wait for the 90 days and go home until I was allowed to come back on a visa….so all the proper way.

But I paid $75,- to americanvisas.com to speak to an immigration attorney and during the conversation they said it would be quicker for me to just explain my situation and apply for adjustment of status to become a permanent resident here.

So is that correct? I have read elsewhere that it’s frowned upon, but he gave it a 50/50 chance and said it’s worth trying.

Second question – if it fails, will it harm any further attempt to gain entry the normal way, a CR-1 spousal visa?

Thank you for your time.
Docar – it would only be lying if I had intention to stay before I came into the country – which I did not. Now having had advice from an immigration professional, I am asking a wider audience of their view on this, as I have seen elsewhere on the internet that is frowned upon to do this. It would help me a lot to be able to stay as I have given up a career as a pilot, a house and a car to be with the woman I love, so the quicker I can work again, the better as life is expensive on one income!

Best Answer:

You wasted $75 bucks on Americanvisas.com for a lawyer to tell you to do something which as very little chance of working.

The best way, as always is the normal method and this is what you intended to do in the first place and too be honest, there is very little difference in time – about a month or two, if that.

While you are quite correct, that coming to the U.S.on the VWP and then adjusting status is not illegal, provided it was never your intention to do so, it will be on you to prove that the intent wasn’t there in the first place – and this is no easy task – believe me, it harder than you think and it is a slim to none chance, much less than a 50/50.

The quicket way would have been to have gotten married in the UK and have your partner file the I-130 in London because since she had resided in the U.K. For more than 6 months, you would have been eligble for DCF (Direct Consular Filing) – this takes around 6-7 months as opposed to 8-12 months via any other method.

To answer your 2nd question, no it will not hinder any further attempt – you will just be denied AOS and be on the first plane home, where you will then continue the I-130 petition from there.

Posted From Yahoo! Answers (for informational purposes only)

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