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  1. #1
    Join Date
    Jan 2014
    Posts
    2

    Default Entering on the Visa Waiver Program then Marrying

    Hi everyone,

    Thank you for taking the time to read this.

    My situation is as follows: Me and my (now) wife have been together since late 2010. I've visited her here in the US several times over the past few years and she has been to my country (the Netherlands).

    We got married last October (2013) with the intention of her moving to the Netherlands to finish school to get her college degree.
    We met with an immigration lawyer who told us that it would be very hard to get back into the US if we wanted to.

    I entered the US the 10th of October on the Visa Waiver Program and we got married the 19th of that month.
    He told us that a red flag would be the fact that I entered the US with the intention of getting married.

    Our intention was to move to the Netherlands after my visit here, but since we found out that's not a good idea, we decided to file the forms for AOS so I can stay here.

    Will it still be a red flag if we explain it that way to the USCIS?

    My VWP expires on the 7th and we have no realistic way of getting everything together before then, I have an appointment scheduled with a civil surgeon this week but I still have to get my vaccination records etc.

    I've read online that being legally married to a USC gives me a 90 day grace period (in addition to the 90 day VWP stay). So for 180 days, is this true?

    I'm sorry if this is confusing, thank you for your time!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Applying for AOS with a Possibility of Overstaying Vwp

    Yes, it will be a red flag. I changed my mind is not evidence.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Applying for AOS with a Possibility of Overstaying Vwp

    Quote Quoting BenM88
    View Post
    Hi everyone,

    Thank you for taking the time to read this.

    My situation is as follows: Me and my (now) wife have been together since late 2010. I've visited her here in the US several times over the past few years and she has been to my country (the Netherlands).

    We got married last October (2013) with the intention of her moving to the Netherlands to finish school to get her college degree.
    We met with an immigration lawyer who told us that it would be very hard to get back into the US if we wanted to.

    I entered the US the 10th of October on the Visa Waiver Program and we got married the 19th of that month.
    He told us that a red flag would be the fact that I entered the US with the intention of getting married.

    Our intention was to move to the Netherlands after my visit here, but since we found out that's not a good idea, we decided to file the forms for AOS so I can stay here.

    Will it still be a red flag if we explain it that way to the USCIS?

    My VWP expires on the 7th and we have no realistic way of getting everything together before then, I have an appointment scheduled with a civil surgeon this week but I still have to get my vaccination records etc.

    I've read online that being legally married to a USC gives me a 90 day grace period (in addition to the 90 day VWP stay). So for 180 days, is this true?

    I'm sorry if this is confusing, thank you for your time!

    It's not about how long you stay - it's about you entering the country with the visa waiver knowing full well that you were married. That's going to trip you up.

    See an attorney, because you've basically lied your way into the country.

    USCIS does NOT approve.

  4. #4
    Join Date
    Jan 2014
    Posts
    2

    Default Re: Applying for AOS with a Possibility of Overstaying Vwp

    We were not married when I entered the country, we got married after. I entered the 10th and got married the 19th

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Applying for AOS with a Possibility of Overstaying Vwp

    Hence your misuse of the law. DUH

    Quote Quoting BenM88
    View Post
    We were not married when I entered the country, we got married after. I entered the 10th and got married the 19th

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Applying for AOS with a Possibility of Overstaying Vwp

    Quote Quoting BenM88
    View Post
    We were not married when I entered the country, we got married after. I entered the 10th and got married the 19th


    That's the point.

    You lied.

    You entered on a non-immigrant and then got married only 19 days later. You're going to have to explain why you did this.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for AOS with a Possibility of Overstaying Vwp

    Or go home and later re-enter under a proper visa.

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