QUESTION
Is it possible for me to file AOS before the 90 days run out?
Asked on Dec 27th, 2012 on Immigration - Mississippi
More details to this question:
I’m a Swedish citizen married to a US citizen and we are living in Sweden. We want to move to the US as soon as we can. I can travel on VWP to visit for 90 days.
5 ANSWERS
Yes, but you have to really time the filing of the AOS strategically so that it does not look like misrepresentation of intent at the time you entered the US on the VWP. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 24th, 2013 at 12:43 PM
Robert E. West
Yes, but if your entry into the US was for that specific process that can be problematic.
Answered on Jan 07th, 2013 at 1:26 PM
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You will be committing immigration fraud if you come to the US on VWP with intent to stay.
Answered on Jan 04th, 2013 at 9:31 PM
You are not supposed to enter the US under the VWP program in order to apply for AOS. I recommend consulting with an immigration attorney for an assessment of your case.
Answered on Jan 04th, 2013 at 9:30 PM
Thomas J. Rosser
Yes. Filing for AOS while having lawfully entered in VWP during the authorized 90-day period is possible. You should seek experienced legal counsel to guide you through the concurrent filing process which is more complicated and lengthy than most individuals anticipate.
Answered on Jan 04th, 2013 at 9:28 PM