Can you change status of a visa waiver if you are in the US and have a current fiancee visa pending with USCIS?

Asked about 2 years ago - Pittsburgh, PA

Have a current fiancee visa pending (engaged to a US citizen) with USCIS as of September 2012. Arrived into US mid October on the visa waiver program and have to leave by mid January (3 months). Previously spent 1 year in the US from August 11 to August 12 on a B1 visa which was extended from the initial 6 months for a further 6 months due to fiance's health issues. Would like to get married and stay in the US without having to return to home country. Is this possible with entering on a visa waiver?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Simone Bertollini

    Contributor Level 13

    2

    Lawyers agree

    Answered . If you already knew you were not going to leave when you entered with the Visa Waiver Program, your case might be investigated for Visa fraud. You need to consult with an immigration attorney.

  3. Irene Vaisman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues. I would return home and wait.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. Daniel E. Green

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Persons entering on the visa waiver, or ESTA, as it is now known, cannot extend status. There may be visa fraud issues in your case, depending on the chronology of your relationship and what facts you have disclosed to U.S. consulate(s) abroad and Customs and Border Protection at your port(s) of entry.

    Consult with a competent attorney or BIA-accredited representative before taking any steps towards adjustment of status and before leaving the U.S.

    -Dan


    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    This answer should not be construed as legal advice and should not be relied on to take any action whatsoever;... more
  5. Veronica Tunitsky

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Your fiancée visa filing prior to your arrival is likely to trigger an immigrant intent finding and potentially unravel your whole case. You should probably continue with what you've initiated and do it properly.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more

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