My girlfriend and I got married spur of the moment when she was visiting from Australia on the VWP. We werent thinking of any consequences, we just did it because we're in love and in our minds that was strengthening our bond and connection for when she had to leave again, but now I am reading that we could adjust her status if we can prove we didnt plan this? She had every intention of leaving before the 90 days was up as she has kids at home waiting for her.
Don't worry about it too much. You'll be OK if you file for the green card at least 60 days after her admission into the country.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I love these cases. They are factually dependent and you can very easily prove that you decided after entry to get married. Additionally and depending on the timing of the filing, there cannot be a pre-conceived intent argument raised by the USCIS.
The evidence that would best support the facts will depend upon the circumstances and details applicable to the particular couple. For example, if the wife had obtained a temporary leave of absence from her work abroad, documentary evidence of that could be quite helpful. There is no substitute for engaging an immigration attorney to learn all of the relevant facts and to assist in preparing the most persuasive application package possible to overcome any USCIS concern that the foreign national spouse committed visa fraud by impermissibly entering the U.S. on the Visa Waiver Program while intending to get married and remain permanently.
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David N. Soloway
Frazier, Soloway & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
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[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * email@example.com