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Hydey

Marry under the VWP, what will happen?

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Get this done so you can send it off with the AOS packet. I do not think it is a problem waiting to get money together as long as everything is done before you are out of status 6 months.

Once a person overstays the VWP, those privileges are permanently lost.

Not a problem if the adjustment of status is successful.

Yes, I was assuming that the adjustment would be successful, with the person really not intending to stay when they arrived legally in the US. I was not advocating that someone play the system, I was assuming the the OP really did change his mind.

Yes, i really did change my mind. I had no intention of staying here upon entry in to the US in May. I was just looking at the I-485 form, and in the I-485a, there is no option of a visitor with marriage on there, only beneficiaries. Did you leave those blank? If not how did you go about it?

Kind Regards,

- Rich

"Love Will Find A Way <3"

05/29/2008 --- Entry into the US on Visa Waiver to visit my girlfriend for a summer holiday and to help take care of her sick father where needed.

06/20/2008 -- After the sad passing of my girlfriend's father, we decided to get married and stay together

08/08/2008 --- We get married, lovely ceremony and dinner with all of Sarah's family present :-)

08/25/2008 --- AOS package sent to Chicago via Fedex overnight priority mail. Fingers crossed now!

08/26/2008 -- AOS Package received in Chicago, signed for by A.Smith (1 day before my VWP expires!)

09/02/2008 -- Checks cashed!!

09/03/2008 -- NOA1 received for I-485, I-130 and I-765.

09/05/2008 -- Case is shown online as pending!!

09/08/2008 -- Biometrics appointment letter received for September 23rd!! (For both I-485 and I-765)

09/12/2008 -- Biometrics walk-in completed, 11 days before the appointment! In Hackensack NJ.

09/20/2008 -- RFE for I-485 received. It was dated September 17.

09/25/2008 -- RFE response evidence sent out to Lee's Summit by USPS, certified mail.

10/02/2008 -- RFE response evidence received and case processing resumed!

11/04/2008 -- EAD CARD PRODUCTION ORDERED! Thank you Lord.

11/10/2008 -- EAD card received in the mail! wOOt wOOt!!!!

11/12/2008 -- SSN ordered from Hackensack, 2-4 weeks in mail!

11/28/2008 -- SSN Received in the mail, wOOt!!!!!!!!

12/7/2008 -- INTERVIEW LETTER RECEIVED!!! It's scheduled February 19, 2009 at 8:30am in Newark. *nerves*

2/19/2009 -- Interview 8:30am - Green Card verbally approved

2/23/2009 -- Welcome letter received! followed by I-130 approval notice!

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Filed: Other Timeline
Get this done so you can send it off with the AOS packet. I do not think it is a problem waiting to get money together as long as everything is done before you are out of status 6 months.

Once a person overstays the VWP, those privileges are permanently lost.

Not a problem if the adjustment of status is successful.

Yes, I was assuming that the adjustment would be successful, with the person really not intending to stay when they arrived legally in the US. I was not advocating that someone play the system, I was assuming the the OP really did change his mind.

Oh I didn't think you were advocating that.

Let me tell you a story of a K1 couple where the guy was a VWP citizen. He entred on his K1 but they didn't marry within the 90 days as they were having trouble getting along. Despite the fact they were considering NOT marrying at all, he stayed anyway in the hopes of reconciliation. So now he had also violated the terms of his visa.

They ended up marrying within 180 days of his original entry. This kept him from earning a ban and they were able to file I130 and I485 successfully.

But had they not married, even if he had gone home before 180 days lapsed thereby avoiding a ban, his VWP privileges were lost to him forever. Which would have been unhandy had ever been in an occupation which required international travel, etc.

I just think there are many wrinkles in immigration we don't consider when we play on the edges of what is legally 'doable' and what isn't. And I've seen those unfortunate things happen here and on other sites.

Edited by rebeccajo
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I was just looking at the I-485 form, and in the I-485a, there is no option of a visitor with marriage on there, only beneficiaries. Did you leave those blank? If not how did you go about it?

Kind Regards,

- Rich

You check A for Part II of the I-485. You are also submitting an I-130.

AOS

May 13 2008 (Day 1) - I-130/I485/I864/I765 Sent Via USPS for my new wife and step-daughter

May 23 2008 (Day 11) - Checks Cashed!

May 24 2008 (Day 12) - Received NOAs for I-130s/I-485s/I-765

May 27 2008 (Day 15) - Received Biometrics Appointment for June 12th @ 1PM at Tampa Office

June 12 2008 (Day 31) - Biometrics conducted in Tampa USCIS office also I-485 and I-765 TOUCHED!

June 18 2008 (Day 37) - I-130s and I-765 TOUCHED

June 24 2008 (Day 42) - That touch was actually an RFE letter being mailed. RFE for I-864 Evidence

July 16 2008 (Day 64) - Finally mailed back RFE letter with requested evidence

July 18 2008 (Day 66) - RFE Evidence delivered! Signed for by M. Miles

July 22 2008 (Day 70) - I-1485s TOUCHED and Received E-mail "Case Processing Resumed"

August 14 2008 (Day 93) - EAD Card Production Ordered!

August 15 2008 (Day 94) - I-765 TOUCHED

August 19 2008 (Day 98) - I-765 "EAD Approval Notice Mailed"

August 20 2008 (Day 99) - EAD CARD ARRIVED! - Applied for Social Security Number!

August 26 2008 (Day 105) - Received SSN - Took tests at DMV for License - Told license will arrive within 30 days by Mail

September 22 2008 (Day 132) - Received Driver License in mail - They sure took their time mailing that out!

October 11 2008 (Day 151) - Received Interview Letter for November 19th @ 7:00 AM

November 6 2008 (Day 177) - I-485s and I-130s TOUCHED

November 19 2008 (Day 190) - Had interview, APPROVED! Interview took less than 10 minutes

December 5 2008 (Day 206) - GREEN CARDS ARRIVE!!

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  • 3 weeks later...
Filed: Citizen (pnd) Country: Spain
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Richard I also hold a European Passport but I got a noninmigrant visa B1/B2 before coming to the US. I entered in May with the intent to stay until November but the distance ( I was residing in Chile ) she was here in NJ. Back home I was living with my mother but the family situation was really bad. She was a pretty bad person and I decided to come for 6 months then go back home. Like you my mother just threw me out ( as she told me ) so out of the blue I told my gf at the time we should get married and we did. We got married July 11th here in NJ. Next week I'm sending my AOS Packet.

I know whats its like to have your gf side of the family all in favor and your family just turns their back on you.

Don't let the choices chose you, chose the choices that you want.

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