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Married under VWP - are my docs correct?

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mai
Newly Registered
Posts: 1
Joined: Mon Jun 25, 2007 6:44 pm
Location: Wales, UK

Married under VWP - are my docs correct?

Post by mai » Mon Jun 25, 2007 6:59 pm

My apologies if i am repeating a tired question...

My now husband and i have been together almost two and a half years - i am from the UK, and had been traveling back and forth to NY on a very regular basis on a VWP since we met; staying for up to 90 days and leaving again before my VWP ended.

A few weeks ago we decided to get married, I was on a VWP, so we got married (it was lovely) i stayed for a few weeks and as usual came home before the 90 day limit (and i had work commitments in Wales.)

I am going back to NY next week again, and as my work commitments here have now ended we would like for me to move over on a more permanent bases and as soon as possible.

I know it is risky, but i would like to apply for my GC whilst in the US, therefore changing my status (a big no no i know), but i have heard it is possible.

My big question is - i've done some research and found that i need to file the following forms:

I- 730 petition for alien relative
I 485 status adjustment
i 864 Affidavit of support
325 A Biographic information
I 765 Employment Authorization
I 693 medical exam

Are these the only ones? I ask as i've heard of something called the "life" loophole? is there a different form for this?

Apologies for the long winded email - and i do hope it makes sense,

Many many thanks,

Melisa

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Tue Jun 26, 2007 11:22 am

As you know, what you plan to do is theoretically not allowed. Although you may get away with it, there is a possibility that you will be asked to prove that you did not intend to move to the US when you travelled on the VWP, especially considering that you were already married at the time. Even if you get away with it, you won't be able to leave the US until your AOS process is over. If you do leave (say, due to a family emergency) your AOS application will be deemed abandoned and you may be banned from the US. If you need more information, you can post in the following forum

US Marriage Based Visa Forum

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