Jump to content
angeleyez
 Share

13 posts in this topic

Recommended Posts

angeleyez Newbie

angeleyez   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted (edited)

Question,

I came to the US in oct of 07 on a visa waiver (1-94w) my visa expired 3years ago and i just got married friday to my gorgeous boyfriend of 4years, i would like to now apply for AOS but am a little worried my expired visa may be an issue.

Do i have anything to worry about?

can i go ahead and apply for it myself or would i need an immigration lawyer to assist me in filing the paperwork?

Edited by angeleyez
marriedtomrg Proficient

marriedtomrg   141

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You may want to update your timeline and provide the VJ members some information about your circumstances so that others who may have been on the same boat as you are now can help you better.

One of the first questions you will be asked is did you enter the U.S. under the visa waiver program, through employment or through a student visa three years ago?

does this apply to my specific situation aswell?

Be smart, have a plan, and hang on to the people you love. - Chris Gardner

 

N-400 Timeline

02-23-2018: Sent N-400 Application online

02-23-2018: Date on NOA, retrieved from online account

02-23-2018: Date on Biometrics Appointment Letter (Biometrics Appointment at Jacksonville ASC on March 13, 10:00 a.m.)

03-08-2018: Biometrics complete

04-05-2018: Case status updated - Interview Scheduled on May 10, 2018, 10:15 a.m. :D

05-10-2018: Citizenship Interview - Passed English and Civics Tests, Recommended for Approval! :D 

06-19-2018: Received email and text notification: Naturalization Ceremony Scheduled; waited for letter to be uploaded on online account - it has been set on Wednesday, July 25, 3:00 p.m.

07-25-2018: I am now a U.S. Citizen!

 

K3-K4 Journey.txt

angeleyez Newbie

angeleyez   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted

Question,

I came to the US in oct of 07 on a visa waiver (1-94w) my visa expired 3years ago and i just got married friday to my gorgeous boyfriend of 4years, i would like to now apply for AOS but am a little worried my expired visa may be an issue.

Do i have anything to worry about?

can i go ahead and apply for it myself or would i need an immigration lawyer to assist me in filing the paperwork?

also when applying do i have to send in proff of home purchase together?

car insurance

health insurance

pictures

marriage certificate

bills

joint accounts ect in with the paperwork or is that all to brought in at the immigration interview?

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

There have been changes withing USCIS based on some court rulings in the last 2 years that will directly affect you.

First you need to understand that because you entered on VWP you never had a Visa, only an I-94.

Next you need to understand that one of the terms of the VWP is that once you are out of status (I-94 has expired) you are immediately deport-able without the right to appeal the deportation.

Immigration Judges and Federal Appeals Courts have handed down rulings that say the terms of the VWP supersede your right to file for AOS after your status expires.

What this means is that they can either:

Refuse to accept your AOS filing.

OR

Accept your AOS Application and Deny you at the interview because they've ordered you removed (deported) and you don't have the right to appeal the deportation.

I would suggest you find an immigration Lawyer who is aware of this recent change and get good advice from them.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

She entered on VWP, so sorry angel, you may have a difficult time of it. Lately, USCIS has been adjudicating AOS from Visa Waiver Program (VWP) overstays differently based on some recent court cases. They are using their ability to automatically deport instead of adjudicating petitions, so you may find yourself deported. The reason is that you signed a paper waiving your right to all immigration appeals, so they can choose to just deport you and you have no recourse, except for filing for waivers from your home country. This is different from all other visas (even other visitor visas). Do a search here for AOS from VWP, and you will find tons of discussion on the matter. It is a very complicated issue, so come back with questions, and we will answer them so you can make a plan. Some VWP overstays have been approved lately, but many have been put on "indefinite hold," and some have been flat out denied and deported. Sorry to be the bearer of bad news.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Yes - it could be an issue, seems they are holding up VWP AOS applications (ones that are filed after the initial 90 days of entry). You may see this delay.

Do a search on VWP overstay for more posts on this subject.

You should apply ASAP.

See the guides up top for more information.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Boiler Grand Master

Boiler   45,940

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Definitely one for a lawyer. No longer a DIY situation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

PaigeOsvald Contributor

PaigeOsvald   2

Posted
Filed: K-1 Visa Country: Norway
 Timeline
Posted

wow....but after 911 pretty much everything changed.

Service Center :Vermont Service Center

Consulate : Norway

I-129F Sent: June 3, 2010

I-129F NOA1: June 14, 2010

Touched: June 17, 2010

I-129F NOA2: July 7, 2010

129F to NVC: July 13, 2010

NVC to Oslo: July 15 2010

Package 3 received: Aug 4 2010

Consulate interview: Aug 11, 2010-APPROVED !!

Visa received: Aug 18th

Travel to US: Aug 19th

Marriage: Sept 3rd 2010 !!

AOS/AP/EAD: Sent Sept 20th

NOA 1 (for all 3) Sept 30th

Biometrics appt: Oct 27th 2010

AOS interview: Dec 15th 2010

Boiler Grand Master

Boiler   45,940

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Nothing to do with 911

Fairly recent

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...