How do you know if you can stay once you file for AOS?

[lego_lego 0]

This may seem like a stupid question, however I am unsure of it...

It regards the timeline of filing for AOS from a visitors visa or the visa waiver program and when you know you are allowed to stay etc

This is a theoretic question:

Say someone entered the U.S on the Visa Waiver Program with their long term partner with only the intention to visit for a few months. After a shock (but exciting!) proposal, the decision is made to marry each other, and that takes a little over a month into the trip. Sometime after the marriage but before the Visa Waiver Program 90 days are up, the forms for Adjustment of Status are send overnight express to their needed location (including the Application for Employment Authorization and Application for Travel Document).

At what point would the person know they are legally allowed to stay while everything is being processed?

What if you sent the AoS stuff off only a few days before your 90 days was up... Would you be "overstaying" if the days passed without feedback from USCIS?

Does anyone have a general timeline for a succesful AoS application from the Visa Waiver Program? Thank you!!

[lego_lego 0]

Just to clarify, I tend to write alot and I'm sure not too much makes sense lol..

What I'm simply wondering is whether a person is "Out of status" once their 90 days are up if they applied for AoS shortly before their 90 days were up...

And also what happens after they apply, at which point does their status change to "AoS Pending" and they get their authorization to work?

Thanks guys!!

[sachinky 465]

Your status becomes AOS Pending from the date of NOA1. If your married to a USC, that short overstay is forgiven.

[lego_lego 0]

OKay thanks, does anyone happen to know he average time between filing for AoS and recieving NOA1?

[sachinky 465]

Usually 10-14 days but could be as long as a month.

[Kittykisses73 1]

Sachinky is spot on. Once you file you must remember you cannot leave till you get your greencard or AP, or you (in the eyes of USCIS) have abandoned your AOS. The entire process from start to finish took us 4 months.

[lovelyalex 99]

I think it also depends on where/when you are filing as well. My NOA1s came about 2 weeks after I filed, but there was Christmas around that time

[lego_lego 0]

Thanks!

Did you two apply from the VWP?

Also, regarding the Affodavit of Support... If my husband, the U.S citizen, has only recently got a job, but does have a letter from the employer stating how much he recieves, and I have enough in my savings to surpass the poverty limit, will that suffice?

Also, what happens if there is a problem (for example my Affodavit of Support is not good enough) in the application.. Will I be denied or still recieve the NOA1?

Thanks so much guys, I am really daunted by the intense complexity of all this..

Thanks!!

[Bobby+Umit 161]

Thanks!

Did you two apply from the VWP?

Also, regarding the Affodavit of Support... If my husband, the U.S citizen, has only recently got a job, but does have a letter from the employer stating how much he recieves, and I have enough in my savings to surpass the poverty limit, will that suffice?

Have him include 3 years worth of tax transcripts, in addition to the letter from the employer, and recent paystubs. If he can cover the level needed, you will not need assets.

Also, what happens if there is a problem (for example my Affodavit of Support is not good enough) in the application.. Will I be denied or still recieve the NOA1?

You will get an RFE, which means, if you don't respond with what they want, in the time frame specified, your AOS will be considered abandoned and you will be denied. If you can't meet the poverty level - you will need a co-sponsor.

Thanks so much guys, I am really daunted by the intense complexity of all this..

Not to complex - just follow the guides above.

Thanks!!

(If your going to use assets to cover the difference in income level and poverty level - you would need 3x the missing amount...)

Edited February 23, 2010 by Bobby+Umit

[lovelyalex 99]

I've applied from WVP. I have my interview next Monday infact. So far its been a smooth process, and I am expecting my EAD and AP in the mail any day now, but I will say my husband (with my nagging) and I were very organised and made sure we double checked everything and have prepared our documentation and relationship evidence in volumes.

Good luck! You will find everyone here is very helpful and full of good advice and the guides here are extrememly helpful so try and read them first before posting where possible.

[Laura & Kyle 16]

Your status becomes AOS Pending from the date of NOA1. If your married to a USC, that short overstay is forgiven.

This is actually quite bad information. There have been many recent court cases of VWP overstays being denied. This case was just decided on January 20, 2010. Even though there was an USC in place, because he was an overstay on the VWP, they didn't even consider his AOS. So his AOS wasn't denied, he was simply denied/being deported based on overstaying the VWP. (There were other issues, but the ruling was based on this)

Send in the forms at least a week or two before the 90 day son the VWP are up.

Edited February 23, 2010 by laura and kyle

[M.O 6]

OKay thanks, does anyone happen to know he average time between filing for AoS and recieving NOA1?

10 to 14 days....

[Frenchie09 0]

Sooo... Do they send you the NOA1 once they RECEIVE your file? Or do they check your file for forms, documents, etc, ask for more evidence (RFE), etc... And THEN send you the NOA1 only when they think everything's in there?

I guess what I'm wondering is... What if 1 document in the file is not sufficient/missing: is our status still considered as AOS?

[Kittykisses73 1]

We applied I am the USC my husband is from Australia. We did file from the VWP, & had a smooth process as well. He got his EAD 2 months after we applied. I too was unemployed when we filed. We asked my grandmother to Co-sponsor & with great pleasure she agreed. I did get a job a few months before our interview & I made enough to cover the poverty rule, but she still cosponsored so we would have no problems.

This being said, I met another lovely couple on here, adjusting from the VWP, he was self employed & they did not have a co sponsor, & they were denied because he did not meet the financial requirements & she had to return home to AU.

Be sure to read the guides carefully & the instructions on the forms & you should be fine, but when in doubt seek a co-sponsor.

As far as being told you have been given BAD information, I don't think so!!!!! My husband arrived in Aug 08, got engaged Oct 08, married Nov 08, took us three months to get all the documents to be able to send off the AOS (Feb 09), USCIS received the package March 09, and the overstay was never questioned. I do not advise putting it off as we were a total disaster wondering if we were going to have trouble because of it, but with the help of some super people on VJ, we were just fine. Maybe our immigration officer was having a super day, but the question never came up.

PM me if you have any questions, there are very helpful people on here who will give you the help you seek. My guidance is certainly no substitute for a qualified immigration attorney, but if our experiences can help you in some way, feel free to let me know

[lovelyalex 99]

Sooo... Do they send you the NOA1 once they RECEIVE your file? Or do they check your file for forms, documents, etc, ask for more evidence (RFE), etc... And THEN send you the NOA1 only when they think everything's in there?

I guess what I'm wondering is... What if 1 document in the file is not sufficient/missing: is our status still considered as AOS?

Once you have sent off your application you'll get your NOA1. These are basically receipts saying that they have gotten your application and that you are 'in the system'. If you forgot to add something in, or there is some information missing or incomplete they will then be in touch for further information (a RFE). If you get a RFE it is my understanding you have a certain amount of time to get what they want to them.

Are you concerned that you have missed something in your application, or just trying to understand the process? From reading through posts on here the USCIS are pretty quick at letting you know if you have forgotten something in your application.