AOS scared.

[VanessaTony 3,567]

how long does the CR1 take? usually.?

Depends on the country you're applying from. Usually quoted around 8-12 months. Some countries are slower, some faster.

[james&olya 1,121]

Correction, get married ASAP in vegas and send your application as complete as you can make it by overnight mail to the address for CR-1 applications. Yes, you could just do like so many here are advising and be content (???!!!) to just have visits from your spouse till your visa is granted. But if you still have a shot at being able to begin real married life now you should go for it!! I only wish I had the opportunity you have now. I am stuck in CSC limbo waiting for my NOA-2 and trying to save money for short trips to see my fiancee. I would go the vegas route if I were in your shoes! You can still have a ceremony where you want that will be for your family and friends.

[VanessaTony 3,567]

Correction, get married ASAP in vegas and send your application as complete as you can make it by overnight mail to the address for CR-1 applications. Yes, you could just do like so many here are advising and be content (???!!!) to just have visits from your spouse till your visa is granted. But if you still have a shot at being able to begin real married life now you should go for it!! I only wish I had the opportunity you have now. I am stuck in CSC limbo waiting for my NOA-2 and trying to save money for short trips to see my fiancee. I would go the vegas route if I were in your shoes! You can still have a ceremony where you want that will be for your family and friends.

ummm CR-1 is a VISA... so they wouldn't send it there unless they plan on returning to their home country.

If they wanna try marriage now then they would send to the address for I-130 & I-485 (which should be chicago from memory)

[Harpa Timsah 13,258]

Aww, don't be so hard on James. He means well, he is just geographically "differently abled." lol

[RobynSway2709 0]

I will be filling in England, does anyone have a guide to how to complete the CR1, how much is it also?

[JimVaPhuong 4,863]

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

In California you can go to the county recorder's office, get a marriage license, get married by a Justice of the Peace, and walk out with a certified copy of the marriage certificate. We did this in Oakland - less than 30 minutes total, with no advance appointment. We even got a JP who spoke Vietnamese, and had a bilingual wedding!

California is served by the 9th Circuit Court of Appeals - the same court that issued the Momeni v. Chertoff decision. This is not a good district for a VWP entrant to file to adjustment of status unless you are absolutely certain that USCIS will accept your petition before your VWP stay has expired.

Just to make absolutely sure you understand, it does not matter when you SEND the AOS petition - it matters when USCIS ACCEPTS your AOS petition. Your petition is not considered to be "properly filed" until USCIS has screened your package, deposited your check, and issued a receipt notice. Your status on the day the petition is accepted will determine whether a USCIS field office in California will adjudicate your petition.

You cannot accurately predict how long it will take for your petition to be delivered to USCIS, and how long it will take before they accept it. It varies, depending on how busy they are. Within two or three weeks is a reasonable estimate. It could be less. It could be more.

Please read the article that Myopia provided a link to, and carefully consider whether this is a risk you are willing to take. If your AOS is denied and you are ordered deported then you will receive a 10 year ban from the US. You'll need an I-212 waiver to overcome this ban. These waivers are difficult and time consuming to get. You can avoid this risk entirely by returning to your home country and filing for a CR1 visa.

Edit: I see you're going to file for a CR1. Good move. See the guides for step-by-step procedure. Link is in the menu bar at the top of the page. (I'm a little slow sometimes typing my posts. )

Edited November 11, 2010 by JimVaPhuong

[RobynSway2709 0]

thank you so much for all of your help, everybody!

[Deputy Purple 1,294]

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

You do realize that sitting in their mail room isn't accepted, right? You need the date on your NOA-1 (Notice of acceptance) to be before your VWP Stay expires.

It can take 1 - 2 weeks for that to actually happen because it isn't accepted until the packet is checked for completeness (all official forms, proper fees, etc). There is also a chance that the packet would get rejected at this stage because of missing marriage certificate. But understand that even if you sent it today there is no way to know for sure that it would be accepted on time.

[silvana.toma 15]

It's so funny...because there are people here on this forum that had years of overstay and they still were able to adjust status. How?? If it would be illegal then NO IO would give them a green card, right?

The sad thing is that everyday people adjust their status from B2, F1, and etc, even people that are comiting visa fraud are adjusting, and people that are honest they get scared when they should not be. It is NOT ILLEGAL to adjust from tourist visa, and for people who have a story, and they know they are honest ...there is no reason to get scared no matter how some people try to tell you worst case scenario.

[amykathleen2005 441]

It's so funny...because there are people here on this forum that had years of overstay and they still were able to adjust status. How?? If it would be illegal then NO IO would give them a green card, right?

The sad thing is that everyday people adjust their status from B2, F1, and etc, even people that are comiting visa fraud are adjusting, and people that are honest they get scared when they should not be. It is NOT ILLEGAL to adjust from tourist visa, and for people who have a story, and they know they are honest ...there is no reason to get scared no matter how some people try to tell you worst case scenario.

Yes, lots of people adjust from many types of visas, the problem is VWP is not a visa. All of the other adjusters have the advantage of having an appeals process for their case so it is very unlikely that there is not a good reason for a denial because they will be appealed. However, with VWP the entrant waives the right to any appeal and can be deported straight away after denial.

[Rob and Jill 82]

She is not risking a permanent ban, but rather a denial and possible deportation, which is obviously very serious, but not a permanent ban.

Oh you're right! A 10 year ban with a fight to get it overturned etc. etc. instead! NOT WORTH A RISK!

[Deputy Purple 1,294]

Oh you're right! A 10 year ban with a fight to get it overturned etc. etc. instead! NOT WORTH A RISK!

Got to agree with you in that, after all it's not like they hand-out hardship waivers like candy...

[Nik+Heather 121]

It's so funny...because there are people here on this forum that had years of overstay and they still were able to adjust status. How?? If it would be illegal then NO IO would give them a green card, right?

The sad thing is that everyday people adjust their status from B2, F1, and etc, even people that are comiting visa fraud are adjusting, and people that are honest they get scared when they should not be. It is NOT ILLEGAL to adjust from tourist visa, and for people who have a story, and they know they are honest ...there is no reason to get scared no matter how some people try to tell you worst case scenario.

The crucial thing you are missing is an understanding of how the law works. The judicial system interprets the law, and that can happen years after it gets passed by the legislation and signed by the executive. When a court makes a ruling on a case, policies in the affected departments can change drastically. That's what has happened here. Yes, in the PAST, people with overstays (on VWP) were able to adjust status. But then there was a court ruling (multiple, if I understand correctly) which have driven policy changes that NO LONGER make this possible in some parts of the country, one of which is where the OP lives.

People who are filing now cannot look towards how people who filed in the past have fared because things have changed.

[VanessaTony 3,567]

It's so funny...because there are people here on this forum that had years of overstay and they still were able to adjust status. How?? If it would be illegal then NO IO would give them a green card, right?

The sad thing is that everyday people adjust their status from B2, F1, and etc, even people that are comiting visa fraud are adjusting, and people that are honest they get scared when they should not be. It is NOT ILLEGAL to adjust from tourist visa, and for people who have a story, and they know they are honest ...there is no reason to get scared no matter how some people try to tell you worst case scenario.

1. the VWP is not a visa.

2. You're talking about OLD cases, new cases are being denied all over the place

3. Denials depend on your state. Some states won't deny right away, others do. Those the don't deny right away ARE halting applications so people are in limbo for months and THEN denying, or some people are still waiting while they wait for the final ruling that affects all states.

A tourist visa is not the VWP and vice versa. There are rules that state that a VWP cannot adjust once their I-94 has expired, and then a counter-rule that said USC spouses are exempt. Courts are now ruling that the VWP law stands and that IF AOS is filed (and accepted) before the I-94 expires then it's fine, but if filed(or accepted) AFTER the I-94 expires then they deny and deport which = 10 year ban.

Risky and SO not worth it. Not when re-entering to visit is so easy while waiting for the proper process to go through.

Edited November 11, 2010 by Vanessa&Tony

[Used to be broken 147]

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.

So confused.

This was your post on 30 July of this year

>>> Arrived in the US on a VW intentionally for 2 weeks for friends wedding. Boyfriend proposed, so i stayed as my VW was valid for the 90 days. We got married, I have a month left on my valid VW. What do we do now? Can I stay while we are waiting for everything to be processed? Do I have to leave, and if i do what happens?

Really hope someone has answers, we are so confused.