my friend married a USC - need advice pleeeeease!!!

CIA · Post by **CIA** » Fri Apr 18, 2008 8:50 am

i'm writing on behalf of my friend who went to the states on a VWP, she met and fell in love with a USC they got married and says she has a right to file for a AOS, but I'm telling her no she can't do that, and she will have to come back home.

But shes telling me she can!!! who is right?

She also mentioned about the I-864?? financial details???I don't know what this form is all about but her husband helps run his mums facility business (he has NO INCOME) and does not claim state - i told her how can she get married to him knowing he will not be able to support her??? she however has an IT degree and could maybe get a I.T job out there if her AOS is approved (which I doubt)
she also said that the form I-864 allows joint sponsor and I know that her auntie is wealthy and can support her financially - will this be a problem.

any advise you can give me to pass to her would be great!

she has relatives in SD her auntie is very wealthy and has an immigration attourney, I still question though how when she gets to the interview how she or her husband can prove that their arriage is not a sham I mean you meet someone and then fall in love and then marry all in the space of 3 months just before she was about to return back to the UK?!?!?!? it sounds almost unbelievable to me? I mean what do you think they will suggest at the AOS interview??

She quit her job before she flew out there, so to the interview they might think she quit on purpose??! right?

but she only has the the marriage certificate as proof of marriage, obviously she wasn't aware she was going to meet and marry a USC so why would she have a joint bank account or mortgage with him, yeh they have pictures but thats about it, i think she totally rushed into things, but hey its her life not mine

I still don't get it. If you go on holiday, and then you suddenly meet and fall in love and marry that person like my friend did then why would she even consider having her name down on a lease or mortgage or even a joint bank account?!?!? remember she went there to holiday not to purposely marry a USC??? he still lives with his mum. His mum pays ALL the bills! he's not included in ANY bills at his address, yeh they live together with his mum but she still has no proof of address or residence or proof that they live together. How can she obtain a piece of paper thathas her and her husbands name on it??? Remember: HE PAYS NO BILLS!!! HE STILL LIVESA T HOME WITH HIS MUM

Marco 72 · Post by **Marco 72** » Fri Apr 18, 2008 12:03 pm

It's ok to get married in the US and adjust status there, provided you didn't intend to do so when you entered the country. She may have problems convincing them that she didn't plan it in advance if she quit her job before going to the US. If she's lucky they'll let her adjust status, if not she may be banned from the US for a few years (as a consequence of overstaying).

Any US resident over the age of 18 can be a joint sponsor, provided they are either US citizens or have a green card.

CIA · Post by **CIA** » Fri Apr 18, 2008 12:55 pm

no, i know she didn't plan on quitting her job, she said she needed a challenge, and being away from her parents is a challenge for her, shes always been a homey person staying indoors, she went there to enjoy a holiday and to do lots of shopping

Marco 72 · Post by **Marco 72** » Fri Apr 18, 2008 1:36 pm

CIA wrote:no, i know she didn't plan on quitting her job, she said she needed a challenge, and being away from her parents is a challenge for her, shes always been a homey person staying indoors, she went there to enjoy a holiday and to do lots of shopping

You know that, but the officer who interviews her at her AOS interview may not see it that way. If that happens, there isn't much your friend can do...

Lev Kobrin · Post by **Lev Kobrin** » Sun Apr 20, 2008 3:56 pm

CIA wrote:i'm writing on behalf of my friend who went to the states on a VWP, she met and fell in love with a USC they got married and says she has a right to file for a AOS, but I'm telling her no she can't do that, and she will have to come back home.

But shes telling me she can!!! who is right?

She also mentioned about the I-864?? financial details???I don't know what this form is all about but her husband helps run his mums facility business (he has NO INCOME) and does not claim state - i told her how can she get married to him knowing he will not be able to support her??? she however has an IT degree and could maybe get a I.T job out there if her AOS is approved (which I doubt)
she also said that the form I-864 allows joint sponsor and I know that her auntie is wealthy and can support her financially - will this be a problem.

any advise you can give me to pass to her would be great!

she has relatives in SD her auntie is very wealthy and has an immigration attourney, I still question though how when she gets to the interview how she or her husband can prove that their arriage is not a sham I mean you meet someone and then fall in love and then marry all in the space of 3 months just before she was about to return back to the UK?!?!?!? it sounds almost unbelievable to me? I mean what do you think they will suggest at the AOS interview??

She quit her job before she flew out there, so to the interview they might think she quit on purpose??! right?

but she only has the the marriage certificate as proof of marriage, obviously she wasn't aware she was going to meet and marry a USC so why would she have a joint bank account or mortgage with him, yeh they have pictures but thats about it, i think she totally rushed into things, but hey its her life not mine

I still don't get it. If you go on holiday, and then you suddenly meet and fall in love and marry that person like my friend did then why would she even consider having her name down on a lease or mortgage or even a joint bank account?!?!? remember she went there to holiday not to purposely marry a USC??? he still lives with his mum. His mum pays ALL the bills! he's not included in ANY bills at his address, yeh they live together with his mum but she still has no proof of address or residence or proof that they live together. How can she obtain a piece of paper thathas her and her husbands name on it??? Remember: HE PAYS NO BILLS!!! HE STILL LIVESA T HOME WITH HIS MUM

Your friend is 100% right; she can apply for adjustment. Her husband MUST fill out the Affidavit of Support (Form I-864), and, in case he has not enough money he can ask somebody to be a cosponsor for her.

Lev Kobrin · Post by **Lev Kobrin** » Sun Apr 20, 2008 3:59 pm

Marco 72 wrote:It's ok to get married in the US and adjust status there, provided you didn't intend to do so when you entered the country. She may have problems convincing them that she didn't plan it in advance if she quit her job before going to the US. If she's lucky they'll let her adjust status, if not she may be banned from the US for a few years (as a consequence of overstaying).

Any US resident over the age of 18 can be a joint sponsor, provided they are either US citizens or have a green card.

She need not to discuss a problem of the previous intention because she arrived to the USA under VWP (Visa Waiver Program). In other words, she has never been in the US consulate and has never discuss her visit with them.

Marco 72 · Post by **Marco 72** » Sun Apr 20, 2008 9:18 pm

Lev Kobrin wrote:She need not to discuss a problem of the previous intention because she arrived to the USA under VWP (Visa Waiver Program). In other words, she has never been in the US consulate and has never discuss her visit with them.

It doesn't matter. Entering under the VWP with the intention of adjusting status is illegal. This has been discussed at length, see here, for example.

Lev Kobrin · Post by **Lev Kobrin** » Mon Apr 21, 2008 4:34 am

Marco 72 wrote:
Lev Kobrin wrote:She need not to discuss a problem of the previous intention because she arrived to the USA under VWP (Visa Waiver Program). In other words, she has never been in the US consulate and has never discuss her visit with them.
It doesn't matter. Entering under the VWP with the intention of adjusting status is illegal. This has been discussed at length, see here, for example.

It would be impossible for USCIS to prove such an intent.

Christophe · Post by **Christophe** » Mon Apr 21, 2008 7:33 am

Lev Kobrin wrote: It would be impossible for USCIS to prove such an intent.

All such things are decided on the basis of probabilities anyway: it is usually impossible to "prove" an intention...

Post by **Administrator** » Mon Apr 21, 2008 12:10 pm

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Lev Kobrin wrote:
Marco 72 wrote:
Lev Kobrin wrote:She need not to discuss a problem of the previous intention because she arrived to the USA under VWP (Visa Waiver Program). In other words, she has never been in the US consulate and has never discuss her visit with them.
It doesn't matter. Entering under the VWP with the intention of adjusting status is illegal. This has been discussed at length, see here, for example.
It would be impossible for USCIS to prove such an intent.

The USCIS has no requirement to prove anything. They have the authority to take any action they wish ... including a denial for any application for any reason or no reason.

The USCIS can decide that someone is "at-risk," and that pretty much ends it. Supporting 'evidence' for "at-risk" does not have to be very substantial at all.

Very great care should be taken with the strategy being discussed in this topic. Coming into the U.S. under VWP with the intention of marriage is an illegal activity ... it is a pre-meditated strategy to bypass the law.

Anyone engaging in that activity should carefully consider all the possible consequences.

the Admin

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my friend married a USC - need advice pleeeeease!!!

my friend married a USC - need advice pleeeeease!!!

Re: my friend married a USC - need advice pleeeeease!!!