AOS on VWP Club

[Perplexi 4]

Thanks Deb. I hope everything works out for everyone else here too.

You were not an overstay though, were you? The issues arising right now appear to be aimed towards those who did overstay their VWP.

Anyone who applied within the 90 days of arriving should be alright. That's the impression I got, anyhow. :S

I'm applying after a 1.5year+ overstay.

Met my husband online August 2004.

Several trips back and forth between 2005-2008 to see each other.

Visited November 2008 on VWP.

Married in January 2009.

Applied for AOS September 10th, 2010.

NOA received September 16th, 2010.

Still waiting for next move.

I have my fingers crossed for all of us...

Will let you guys know when I hear from USCIS again.

Edited October 7, 2010 by Perplexi

[Perplexi 4]

Thanks Deb. I hope everything works out for everyone else here too.

You were not an overstay though, were you? The issues arising right now appear to be aimed towards those who did overstay their VWP.

Anyone who applied within the 90 days of arriving should be alright. That's the impression I got, anyhow. :S

I'm applying after a 1.5year+ overstay.

Met my husband online August 2004.

Several trips back and forth between 2005-2008 to see each other.

Visited November 2008 on VWP.

Married in January 2009.

Applied for AOS September 10th, 2010.

NOA received September 16th, 2010.

Still waiting for next move.

I have my fingers crossed for all of us...

Will let you guys know when I hear from USCIS again.

Just checked on my I-485 and apparently they requested an RFE on September 30th. Have not received anything yet and have no idea what I'm missing as far as evidence goes, but we'll soon see...

Edited October 7, 2010 by Perplexi

[serendipity10 0]

I thought I would start a thread for those of us who got married after entering the U.S. on the VWP and have cases pending. Like many others, we knew the risks and took the leap anyway -- I would be happy to share the details of our reasons privately. You may share your story if you wish. I'm hoping to hear from those who successfully passed their AOS interviews after coming in on the VWP, but primarily, to keep hopes high for those of us who are tired of reading posts about how screwed we are. We can swap advice on how to prepare for our interviews, advice on field offices, etc. Who's with me?

So pleased to have found this post! There seems to be alot of negativity about going about things this way, it is nice to know there are people out there who understand.

We just got married yesterday, my british boyfriend and I. He has been here for the past 60 days or so on the vwp with his 7 year old daughter. We know we have to file for adjustment of status but we have no idea where to start! Any help is greatly appreciated. I have checked the guides but I cannot find any regarding adjusting from vwp. If any of you can give me some detailed straight forward info I would greatly appreciate it.

What exact forms do we need?

What do we need for my step daughter?

Where do we get the forms?

What supporting evidence do we need?

How many checks do we write and to whom and what for?

What amounts should each check be?

Where do we send everything? (we live in jacksonville, florida)

What is the absolute latest we can send it? (their 90 days is up on the 29th of Nov)

Thank you for any help anyone can give us, as helpful as this site is, I still find this a bit confusing.

]

[JimVaPhuong 4,863]

So pleased to have found this post! There seems to be alot of negativity about going about things this way, it is nice to know there are people out there who understand.

We just got married yesterday, my british boyfriend and I. He has been here for the past 60 days or so on the vwp with his 7 year old daughter. We know we have to file for adjustment of status but we have no idea where to start! Any help is greatly appreciated. I have checked the guides but I cannot find any regarding adjusting from vwp. If any of you can give me some detailed straight forward info I would greatly appreciate it.

What exact forms do we need?

What do we need for my step daughter?

Where do we get the forms?

What supporting evidence do we need?

How many checks do we write and to whom and what for?

What amounts should each check be?

Where do we send everything? (we live in jacksonville, florida)

What is the absolute latest we can send it? (their 90 days is up on the 29th of Nov)

Thank you for any help anyone can give us, as helpful as this site is, I still find this a bit confusing.

]

Adjustment from VWP is the same as adjustment from any other non-immigrant visa or entry pass. Follow the guides here:

http://www.visajourney.com/content/i130guide2

Don't misunderstand the negativity. It's not that people (like me) don't "understand", nor that we feel there's anything insincere about your relationship. I have my own qualms about adjustment of status for people who entered the US as visitors, but it's not because I have any objections to those people being allowed to immigrate. I just think it provides an unfair advantage for people who are fortunate enough to come from a country where it's possible to get a visitors visa or use the VWP, and unfair to everyone else in the world who have relationships that are just as sincere, but will never be able to come to the US as a visitor.

Anyway, adjustment of status for VWP entrants is complicated right now. You live in Florida, which is in the 11th circuit court district. So far (to the best of my knowledge) the 11th circuit court has not weighed in on the deportability of a VWP overstay, so I don't know how a USCIS field office in that state is going to handle an AOS case for a VWP entrant. To be safe, you should make sure that you get the AOS petition submitted and accepted by USCIS before his 90 stay has expired.

[Myopia 93]

So pleased to have found this post! There seems to be alot of negativity about going about things this way, it is nice to know there are people out there who understand.

We just got married yesterday, my british boyfriend and I. He has been here for the past 60 days or so on the vwp with his 7 year old daughter. We know we have to file for adjustment of status but we have no idea where to start! Any help is greatly appreciated. I have checked the guides but I cannot find any regarding adjusting from vwp. If any of you can give me some detailed straight forward info I would greatly appreciate it.

What exact forms do we need?

What do we need for my step daughter?

Where do we get the forms?

What supporting evidence do we need?

How many checks do we write and to whom and what for?

What amounts should each check be?

Where do we send everything? (we live in jacksonville, florida)

What is the absolute latest we can send it? (their 90 days is up on the 29th of Nov)

Thank you for any help anyone can give us, as helpful as this site is, I still find this a bit confusing.

]

Hey there

I have linked another thread very similar to the question and circumstances that you have asked about. It will give you information regarding trying to adjust within the 90 days as opposed to not. Please read it as it will answer the questions that you invariably have.

http://www.visajourney.com/forums/topic/281004-married-under-vwp-now-what/

Does your husband have full legal and physical custody of his daughter? If he does then it may serve you well to have the proof of that in case down the line you are asked to prove this.

The forms that you need to adjust for both your husband and stepdaughter are the the following :

1. Petition for Alien Relative (USCIS Form I-130) $355 To be raised to $420

2. Application to Register Permanent Residence (USCIS Form I-485) Filing fee of $930 to be raised to $985 ($1010 is the total including $80 Biometrics fee. $600 for under 14.

3. Biographic Information (USCIS Form G-325A)

4. Affidavit of Support (USCIS Form I-864)

5. Permission for Work Authorization (Optional) (USCIS Form I-765) Filing fee of $340 to be raised to $380

6. Medical Examination Results (USCIS Form I-693)

7. Request for Travel Documents (Optional) (USCIS Form I-131) Filing fee of $305 to be raised to $360

You can order these forms from USCIS directly via the phone or online here---->

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=dd346d26d17df110VgnVCM1000004718190aRCRD&vgnextchannel=dd346d26d17df110VgnVCM1000004718190aRCRD"]USCIS Forms

You would need the same forms for your stepdaughter although the filing fee is reduced.

The evidence you would need would include anything that substantiates you are in a true marriage. That would be a marriage certificate, affidavits from friends/family, joint bills, joint letters or anything that shows you are both at the same address etc.

Im sorry I cant offer more at this time. Im a bit pushed for time but I wanted to give you some help if possible.

I cant link properly for some reason so you will have to cut and paste the links into your browser.

Edited November 6, 2010 by Myopia

[serendipity10 0]

Hey there

I have linked another thread very similar to the question and circumstances that you have asked about. It will give you information regarding trying to adjust within the 90 days as opposed to not. Please read it as it will answer the questions that you invariably have.

http://www.visajourney.com/forums/topic/281004-married-under-vwp-now-what/

Does your husband have full legal and physical custody of his daughter? If he does then it may serve you well to have the proof of that in case down the line you are asked to prove this.

The forms that you need to adjust for both your husband and stepdaughter are the the following :

1. Petition for Alien Relative (USCIS Form I-130) $355 To be raised to $420

2. Application to Register Permanent Residence (USCIS Form I-485) Filing fee of $930 to be raised to $985 ($1010 is the total including $80 Biometrics fee. $600 for under 14.

3. Biographic Information (USCIS Form G-325A)

4. Affidavit of Support (USCIS Form I-864)

5. Permission for Work Authorization (Optional) (USCIS Form I-765) Filing fee of $340 to be raised to $380

6. Medical Examination Results (USCIS Form I-693)

7. Request for Travel Documents (Optional) (USCIS Form I-131) Filing fee of $305 to be raised to $360

You can order these forms from USCIS directly via the phone or online here---->

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=dd346d26d17df110VgnVCM1000004718190aRCRD&vgnextchannel=dd346d26d17df110VgnVCM1000004718190aRCRD"]USCIS Forms

You would need the same forms for your stepdaughter although the filing fee is reduced.

The evidence you would need would include anything that substantiates you are in a true marriage. That would be a marriage certificate, affidavits from friends/family, joint bills, joint letters or anything that shows you are both at the same address etc.

Im sorry I cant offer more at this time. Im a bit pushed for time but I wanted to give you some help if possible.

I cant link properly for some reason so you will have to cut and paste the links into your browser.

Thank you so much for responding so quickly! To answer your question, my husband does have full and legal custody of his daughter yes, we have proof of that.

So I just want to clarify somethings to make sure I understand.

I will need to file two I-130 forms one for my husband and one for my stepdaughter? So that will be $840 total? Do I write seperate checks or just one?

You mentioned an increase in fee but you didn't say when this would take place, is the previous fee still the same for now?

Then form I-485 I need one for husband and one for child $1010 and $600 is that correct?

Form G-325A and Form I-864 are free to file?

Form I-765 we only need to file one for my husband correct?

Form I-693 is this one for each of them as well? How does this work? Do we just take this form to the doctor and have them fill it out?

Which of these forms pertain to me the USC?

[silvana.toma 15]

I'm glad we have our own"club" here on visa journey

I am from romania, came over on 15 july 2010 on my tourist visa, got married on 10-10-2010, and i will send off my AOS package on Monday.

I, as well, read a lot of posts mostly from people with K1 visa and they were not only negative but also judgemental towards people who adjust status from B2, or F1's, and to be franc i dont understand it. Each and every one of us have a diffetent story, and i think it's silly to judge someone you dont even know.

We all know our story, and beeing confident is half the battle, we dont need any negative nancy telling us how we can get to jail or be banned forever because we got married on B2 visa.

I really hope we all get the green card, and we can also help other people who will be in our situation in the future.

Good luck to you all!!!

[Myopia 93]

Thank you so much for responding so quickly! To answer your question, my husband does have full and legal custody of his daughter yes, we have proof of that.

So I just want to clarify somethings to make sure I understand.

I will need to file two I-130 forms one for my husband and one for my stepdaughter? So that will be $840 total? Do I write seperate checks or just one?

You mentioned an increase in fee but you didn't say when this would take place, is the previous fee still the same for now?

Then form I-485 I need one for husband and one for child $1010 and $600 is that correct?

Form G-325A and Form I-864 are free to file?

Form I-765 we only need to file one for my husband correct?

Form I-693 is this one for each of them as well? How does this work? Do we just take this form to the doctor and have them fill it out?

Which of these forms pertain to me the USC?

No problem. Yes you will need to file 2 forms for your husband and stepdaughter with the required filing fee. I would write separate checks. One check for your husbands filing and one check for your daughters.

Yes you are correct about the filing fees for the I485 form.

Yes those forms are free to file as they accompany the other 2.

The form I693 is for both of the applicants.

You will have to find a doctor in your area that is allowed to complete that form. There is a list of civil surgeons that can be used.

The forms are for the applicants. As the petitioner you fill in whats relevant to you such as the biography form, sponsorship form and I130.

[JimVaPhuong 4,863]

I'm glad we have our own"club" here on visa journey

I am from romania, came over on 15 july 2010 on my tourist visa, got married on 10-10-2010, and i will send off my AOS package on Monday.

I, as well, read a lot of posts mostly from people with K1 visa and they were not only negative but also judgemental towards people who adjust status from B2, or F1's, and to be franc i dont understand it. Each and every one of us have a diffetent story, and i think it's silly to judge someone you dont even know.

We all know our story, and beeing confident is half the battle, we dont need any negative nancy telling us how we can get to jail or be banned forever because we got married on B2 visa.

I really hope we all get the green card, and we can also help other people who will be in our situation in the future.

Good luck to you all!!!

I think you missed the point. This "club" is for people who are attempting to adjust status after coming to the US on the Visa Waiver Program. There is currently a world of difference between someone who arrived with a B2 visa and someone who arrived using the VWP.

The risk of being banned forever when attempting to adjust status after a B2 entry is very remote, but it does exist. The risk is explained in a bold warning at the top of the AOS guide for applicants who are currently in the US:

http://www.visajourney.com/content/i130guide2

We "negative nancys" are simply giving you the facts. If you'd rather not have the facts, and feel better with just fluff and words of encouragement, there are plenty of forums on the internet where you can get that sort of stuff. If you want to know how to deal with the immigration authorities and improve your chances of success, without people lying to you in order to make you feel good, then you're in the right place.

[serendipity10 0]

No problem. Yes you will need to file 2 forms for your husband and stepdaughter with the required filing fee. I would write separate checks. One check for your husbands filing and one check for your daughters.

Yes you are correct about the filing fees for the I485 form.

Yes those forms are free to file as they accompany the other 2.

The form I693 is for both of the applicants.

You will have to find a doctor in your area that is allowed to complete that form. There is a list of civil surgeons that can be used.

The forms are for the applicants. As the petitioner you fill in whats relevant to you such as the biography form, sponsorship form and I130.

Can any of these forms be filed separately at a later time? For instance, the medical?

Just hypothetically, is it possible to file for my stepdaughter separately, after the 90 days? Will this jeopardize my husband?

[JimVaPhuong 4,863]

Can any of these forms be filed separately at a later time? For instance, the medical?

Just hypothetically, is it possible to file for my stepdaughter separately, after the 90 days? Will this jeopardize my husband?

The cost of your step-daughter's AOS will go up if you don't file concurrently with her father's AOS. Basically, the same cost as her father's AOS, but without the biometrics fee.

Her daughter also entered using the VWP, so she is at the same risk as her father. If you file after the 90 days authorized stay expires then there is a significant chance she could be denied and summarily deported.

[serendipity10 0]

The cost of your step-daughter's AOS will go up if you don't file concurrently with her father's AOS. Basically, the same cost as her father's AOS, but without the biometrics fee.

Her daughter also entered using the VWP, so she is at the same risk as her father. If you file after the 90 days authorized stay expires then there is a significant chance she could be denied and summarily deported.

Oh ok, I thought minor children were automatically forgiven for overstays? More importantly though, what about the medical, can that be done later?

[JimVaPhuong 4,863]

Oh ok, I thought minor children were automatically forgiven for overstays? More importantly though, what about the medical, can that be done later?

Minor children can be deported, just like adults. What they won't do is impose a ban on a minor child for an overstay of more than 180 days.

The problem with VWP overstays is not the overstay itself. It's the fact that at least five circuit courts of appeal have ruled that a VWP overstay is immediately deportable. These courts have determined that submitting an adjustment of status petition would essentially constitute a request to stop removal, but a VWP entrant waives the right to make any such request. As a result, USCIS field offices in those districts are denying AOS for VWP overstays and ordering them deported.

The medical must be completed and submitted with the AOS petition.

[Lisa011 6]

Im AOS my status thru marriage to U.S Citizen from visa waiver overstay

I came to the U.S when i was 12 with my parents Im now 21 and have stayed eversince

My interview is in less then 2 weeks and Im super Nervous!!!

[caeremonarius 26]

Im AOS my status thru marriage to U.S Citizen from visa waiver overstay

I came to the U.S when i was 12 with my parents Im now 21 and have stayed eversince

My interview is in less then 2 weeks and Im super Nervous!!!

My wife adjusted status from a VWP overstay last month, but her overstay was only about 50 days. At what office will your interview be? You can click on my "Timeline" on the left to read about our interview experience.

Good luck!

AJ