AOS scared.

[RobynSway2709 0]

Me and my fiance are getting married on friday! My visa waiver expires on the 23rd on november just 11 days after, do you deffinatly need to send it so it is received before VWP expires or can it be a a little later? We arnt going to have the marriage certificater back in time to send with entire pack for I-130 and I-485. Can we include something in the cover letter? If you dont include any kind of document no matter how important will they just request it or deny your application? Please help we are so scared, as we have so little time. Thanks.

[Inky 1,110]

Your not adjusting from a family based visa, your adjusting from VWP.

Don't send incomplete petitions. Make sure to send everything.

[ValerieA 350]

My opinion (so take it for what it's worth!) is to file it to get it in before your waiver expires...so without the marriage certificate. VWP overstays are iffy right now, so it needs to be accepted before the expiration. They should send you an RFE for the marriage certificate. You are still cutting it very very close, though.

[VanessaTony 3,567]

If you file after your I-94 expires you risk denial as SOME people have been getting denied after filing AOS after the expiration of the VWP. If you aren't sure if you're going to get it on time you COULD try sending the packet without the marriage certificate copy and hope to get an RFE.

if you don't get the RFE then you will get the packet returned, if it's after the I-94 expires I would personally leave and file a CR-1.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from the VWP and the prior forum is for K1, K2, K3 & K4 **

[chinky_amanda 1]

Me and my fiance are getting married on friday! My visa waiver expires on the 23rd on november just 11 days after, do you deffinatly need to send it so it is received before VWP expires or can it be a a little later? We arnt going to have the marriage certificater back in time to send with entire pack for I-130 and I-485. Can we include something in the cover letter? If you dont include any kind of document no matter how important will they just request it or deny your application? Please help we are so scared, as we have so little time. Thanks.

you said your visa will expires on November 23? how about your I-94? make sure your I-94 is still valid.. no worries as long as you get married before her/his I-94 is valid.

[JimVaPhuong 4,863]

you said your visa will expires on November 23? how about your I-94? make sure your I-94 is still valid.. no worries as long as you get married before her/his I-94 is valid.

Totally irrelevant. This is not a K1 visa case.

First, the OP said their "visa waiver" expires on November 23rd. A visa waiver is not a visa. In fact, it's permission to enter the US without a visa.

Second, VWP entrants are never given an I-94. When they are given any document at all, it will be an I-94W - exclusively for the Visa Waiver Program. Many VWP entrants now use the electronic ESTA system, so they don't even get an I-94W. Their entry/exit is recorded electronically. When the OP said their "visa waiver" expires, they were referring to the 90 days of authorized stay permitted under the Visa Waiver Program, whether they got an I-94W or not.

Third, lawyers used to generally advise that VWP entrants marry before their 90 day authorized stay expires in order to avoid problems adjusting status. This general advice is no longer adequate. Many VWP entrants are now being deported if they don't also have their AOS applications accepted by USCIS before the 90 day authorized stay expires. This is the specific risk the OP is referring to.

To the OP: With or without the marriage certificate, there is no assurance whatever that your AOS petition will be accepted by USCIS within 11 days of your sending it. This is simply too close for comfort. If it were me, I would want to be absolutely certain that the USCIS field office where I lived was still actually adjudicating AOS cases for VWP overstays before I risked filing a petition with a window of only 11 days. Many fields offices are not. Many others are putting VWP overstay cases on indefinite hold, apparently pending a uniform policy decision from the director.

You are rolling the dice if you submit your AOS petition. If you lose, you could be summarily deported. You would not be able to appeal this decision, and it would come with a 10 year ban from the US. If you return to your home country before accumulating 180 days of overstay then you could apply for a CR1 visa. There would be no ban nor I-212 waiver to contend with.

[Myopia 93]

My link

[Harpa Timsah 13,258]

You really need to get your petition accepted before the 90 days are up, as everyone is saying. Could you get married in a different state that gives your marriage certificates out on the same day or day after? Every state is different and some give them to you right away. Just a thought... not sure how big your wedding plans are.

[Otto 83]

I want to married in USA can you please tell me the online method for USA visa? I really need it.

Thanks,

**External link removed from the above post.

Edited November 10, 2010 by Otto

[RobynSway2709 0]

So it is not possible to stay after VW expires even if it PENDING? In the past I have found, also from people on VisaJourney that as long as you file before you VW expires and it is pending everythin is fine it just depends on personal situation. I cant bare to leave. Is there really no way to solve this??

[Harpa Timsah 13,258]

Once your petition is initially accepted, you MUST stay until you get travel permission or a decision is made on your case. You need to get it initially accepted before your 90 days is over because some offices are flat-out denying petitions from VWP overstayers. VWP people in status are allowed to adjust status, VWP overstayers are losing that right, although it is not uniform across the country.

What state are you in? Some states are adjusting VWP overstayers, some are denying at interview, some are putting on indefinite hold. Filing on this Friday, the day you get married, would be the best thing. Even with that though, if you forget to sign in the right spot they can reject your application (send the whole thing back to you) which usually is not a big deal, but with you, it could mean the difference between being in-status and overstaying and for VWP people (and those people only) that makes a big difference.

So what state are you in?

Edited November 10, 2010 by Harpa Timsah

[RobynSway2709 0]

Im in California. Thanks

[RobynSway2709 0]

Also we have to wait for marriage certificate! is there any way we could send a copy oof the licence and attach a cover letter explaining?

[Harpa Timsah 13,258]

Some offices in California have sent out a memo that VWP overstayers MUST be denied at the interview. So this makes it even more critical for you to get it initially accepted before you overstay.

I don't know if they would initially accept the application without the marriage license, I really don't. For some missing information they just send out an RFE, but for something as critical as a marriage license they might just refuse straight away. It would be a huge gamble. My only idea is still to go to a different state and get married there, where they give your license same-day (Vegas!).

[RobynSway2709 0]

if we went to vegas. What is the latest we could file if my VW expires on the 24th?