Portuguese Husband's VWP 90 days almost up! HELP!

[sachinky 465]

Sorry if you mentioned it before but precisely WHY can't he return to Portugal and have you file for I-130? He can still use the VWP to visit you during the process. AOSing right now in CA off an expired I-94 would almost be certain denial and lead to deportation. I still can't understand why you would put your loved one's status in jeopardy like that.

[malucarlinha 0]

So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

[malucarlinha 0]

Sorry if you mentioned it before but precisely WHY can't he return to Portugal and have you file for I-130? He can still use the VWP to visit you during the process. AOSing right now in CA off an expired I-94 would almost be certain denial and lead to deportation. I still can't understand why you would put your loved one's status in jeopardy like that.

If were were to do that he would need to return to portugal on.... monday. they wont let him in on visa waiver if he is married to a usc, will they? They would make him come in on a CR-1 I think. Honestly if this doesn't work i'm simply moving to Europe, I've always wanted to study in paris anyway. I'm only 22, I don't have too many ties to USA except for my parents.

[ceadsearc 516]

So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

Did you ask all the questions about the VWP and the cases that were linked to you? It sounds like your lawyer doesn't know what's going on. There is no "case" to be had as you've been told numerous times. If you get denied, you cannot appeal. That's it, you're done, he can and may be taken into custody on the spot. Your lawyer telling you you have a "case" would make me NOT hire that lawyer. You have pretty much zero chance of getting it ACCEPTED (it needs to be ACCEPTED, not in the USCIS mailbox) before his VWP expires, so all you can do now is pray that your district isn't denying or holding VWP overstays (since your husband WILL have an overstay), which in your area is unlikely.

If you're all set to move to Portugal anyway if it doesn't work out, why not just go now? There's no law against living in Portugal with him and/or you traveling back and forth to Portugal while a CR-1 is pending. Then you could be together while his CR-1 is processed and come back to the States once it's done.

If were were to do that he would need to return to portugal on.... monday. they wont let him in on visa waiver if he is married to a usc, will they? They would make him come in on a CR-1 I think. Honestly if this doesn't work i'm simply moving to Europe, I've always wanted to study in paris anyway. I'm only 22, I don't have too many ties to USA except for my parents.

He won't incur a ban until he's 90 days past his VWP expiration (180 days since arriving), so while it's not advisable, if he didn't leave ON MONDAY but left soon after, you could still file for the CR-1.

[goro 0]

So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

"as long as I get it in to the USCIS office by the time his VW runs out"

what does it mean?

i think this means you have to file your documentation by his I-94 runs our which is dec. 15 or 16. "File" means to receive notice from USCIS, it does not mean you mail it. i recently submitted documentation and it tooks more than two weeks to receive notice from USCIS.

[Justine+David 218]

Actually, it's 180 days from the date of expiration, so the spouse has a lot more time to get by.

malu, I guess you are determined to lay in your bed. I think you are being immature--which will ultimately cause you and your husband a very high chance of heartbreak and frustration. Like another posted said, can only lead a horse to water...

Have fun in Paris!

[JimVaPhuong 4,863]

So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

Ok, I don't know if this is exactly what the lawyers told you or if you're paraphrasing them. There is no "case". This isn't a legal process. There will be no briefs filed, nor hearings in front of a judge. You submit your paperwork to USCIS and you pray. If it's denied then the game ends there.

Your lawyer won't be filing the AOS package at your local USCIS office in San Francisco. It must be sent to the USCIS Chicago Lockbox facility. They will process the package into the system and then distribute the different applications to the regional or local offices that will handle them. Even if your lawyer sends the package using an overnight courier, it's going to sit in a mail basket for about a week. That's how much backlog there is at the Chicago Lockbox facility. Eventually, someone will screen your package to ensure that all of the required documents have been included, that you've used the current version of the forms, and that everything is properly filled out and signed. If it looks good then they'll deposit your check and enter your package into the system. At that point, your application has been "accepted". If there's any obvious problems then they'll send the entire package back to you.

Some months later, your I-485 package is going to arrive at the USCIS field office in San Francisco, and it will be assigned to an immigration officer. The immigration officer is going to look at the date your package was accepted at the Chicago Lockbox and compare that with the date your husband's VWP expired. There are a variety of scenarios that could happen next. Until we hear from a VWP overstay who has recently tried to adjust status through the San Francisco field office, we won't know for certain which scenario is likely.

One possible scenario is that they'll simply deny the AOS immediately, and send you a notice that your husband has a limited amount of time to voluntarily leave the US before they issue a deportation order. This would actually be good news because it means no deportation ban. Another scenario, substantially more dire, is that the denial notice is delivered by an ICE officer who takes your husband into custody after delivering the notice. They could also schedule an interview, deny the AOS at the interview, and either give your husband a limited amount of time to voluntarily depart, or order his deportation and take him into custody. Of course, if any of these things happened then your lawyer would be as outraged about it as you (or at least pretend to be). He'll probably also offer to help you complete the CR1 visa application (the I-130 would probably have been approved, even if the I-485 was denied) and the I-212 waiver application, just as soon as you write another check. The one thing he won't do is offer to appeal the decision because he knows that he can't.

There's also a possibility that the San Francisco field office will actually adjudicate the I-485 just as they normally would. Unless the receipt date on the first Notice Of Action is earlier than the expiration date of your husband's VWP entry, I think the chances of this happening are near zero. The San Francisco office has a pretty clear policy of abiding by decisions of the 9th Circuit Court.

For your own peace of mind - you pin that attorney to the wall! Make them explain to you exactly how they expect to get the I-485 accepted by USCIS before Wednesday, and not simply delivered by then. If they admit that it wont actually be accepted until afterward, you make them explain how they expect to overcome the Momeni decision, and why your case won't be summarily denied by the San Francisco field office. You also make the attorney prove to you that they've filed an AOS petition for a VWP overstay within the past six months, and it was approved at the San Francisco field office. If the attorney can't provide convincing proof that they will succeed then keep your attorney and USCIS fees, and use them to buy your husband a plane ticket back to Portugal on Tuesday.

[ATPEACE 43]

"LET IT SNOW" "Let it Snow" "Let it Go" It's her bed, maybe she likes a hard bed. "let it Go"

Good Luck

[juliava 80]

So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

I think everybody who advised you here was realistic, not negative.

You said yourself " we do not have the cash (the two of us) to spend on lawyers and penalties". You have received advice accordingly.

I hope you know that the lawyer fees do not cover the AOS filing fees which are significantly high. Also, it's good to remember sometimes that no matter how much money do you have, you can't buy TIME.

Hopefully things will work out for you this way.

Edited December 11, 2010 by juliava

[Boiler 45,525]

Ok, I don't know if this is exactly what the lawyers told you or if you're paraphrasing them. There is no "case". This isn't a legal process. There will be no briefs filed, nor hearings in front of a judge. You submit your paperwork to USCIS and you pray. If it's denied then the game ends there.

Your lawyer won't be filing the AOS package at your local USCIS office in San Francisco. It must be sent to the USCIS Chicago Lockbox facility. They will process the package into the system and then distribute the different applications to the regional or local offices that will handle them. Even if your lawyer sends the package using an overnight courier, it's going to sit in a mail basket for about a week. That's how much backlog there is at the Chicago Lockbox facility. Eventually, someone will screen your package to ensure that all of the required documents have been included, that you've used the current version of the forms, and that everything is properly filled out and signed. If it looks good then they'll deposit your check and enter your package into the system. At that point, your application has been "accepted". If there's any obvious problems then they'll send the entire package back to you.

Some months later, your I-485 package is going to arrive at the USCIS field office in San Francisco, and it will be assigned to an immigration officer. The immigration officer is going to look at the date your package was accepted at the Chicago Lockbox and compare that with the date your husband's VWP expired. There are a variety of scenarios that could happen next. Until we hear from a VWP overstay who has recently tried to adjust status through the San Francisco field office, we won't know for certain which scenario is likely.

One possible scenario is that they'll simply deny the AOS immediately, and send you a notice that your husband has a limited amount of time to voluntarily leave the US before they issue a deportation order. This would actually be good news because it means no deportation ban. Another scenario, substantially more dire, is that the denial notice is delivered by an ICE officer who takes your husband into custody after delivering the notice. They could also schedule an interview, deny the AOS at the interview, and either give your husband a limited amount of time to voluntarily depart, or order his deportation and take him into custody. Of course, if any of these things happened then your lawyer would be as outraged about it as you (or at least pretend to be). He'll probably also offer to help you complete the CR1 visa application (the I-130 would probably have been approved, even if the I-485 was denied) and the I-212 waiver application, just as soon as you write another check. The one thing he won't do is offer to appeal the decision because he knows that he can't.

There's also a possibility that the San Francisco field office will actually adjudicate the I-485 just as they normally would. Unless the receipt date on the first Notice Of Action is earlier than the expiration date of your husband's VWP entry, I think the chances of this happening are near zero. The San Francisco office has a pretty clear policy of abiding by decisions of the 9th Circuit Court.

For your own peace of mind - you pin that attorney to the wall! Make them explain to you exactly how they expect to get the I-485 accepted by USCIS before Wednesday, and not simply delivered by then. If they admit that it wont actually be accepted until afterward, you make them explain how they expect to overcome the Momeni decision, and why your case won't be summarily denied by the San Francisco field office. You also make the attorney prove to you that they've filed an AOS petition for a VWP overstay within the past six months, and it was approved at the San Francisco field office. If the attorney can't provide convincing proof that they will succeed then keep your attorney and USCIS fees, and use them to buy your husband a plane ticket back to Portugal on Tuesday.

Excellent summary

[sachinky 465]

Ai yo! I just can't wait to see another thread, a couple of months down the line, raving and ranting against the U.S. government. About how they're unfair, cruel and cold-hearted. Throw in summary bit about how as a tax-paying American citizen they should not be enduring such a painful separation from their loved one. All the while forgetting that it was their callous actions that landed them in the hot soup to begin with.

[Vuvu zela 9]

Even if your lawyer sends the package using an overnight courier, it's going to sit in a mail basket for about a week. That's how much backlog there is at the Chicago Lockbox facility. Eventually, someone will screen your package to ensure that all of the required documents have been included, that you've used the current version of the forms, and that everything is properly filled out and signed. If it looks good then they'll deposit your check and enter your package into the system. At that point, your application has been "accepted". If there's any obvious problems then they'll send the entire package back to you.

Not sure if anybody else experienced it, but the "received date" on my first NOA is exactly the day after I sent my AOS package.

I sent my package 10/21, and it was "accepted" 10/22.

With a little bit of luck, the OP's husband may be alright, "only and only if" it is processed the very next day!

But again, probably better not to rely too much on luck with stuff like this!

[Deputy Purple 1,294]

Not sure if anybody else experienced it, but the "received date" on my first NOA is exactly the day after I sent my AOS package.

I sent my package 10/21, and it was "accepted" 10/22.

I sent the I-130s for Anna & Gabby on April 14th, 2009. Our NOA1s show Received on April 15th, Date of Notice is April 20th which matches the date they deposited the checks.

On our NOA2s they both show a receipt date of April 20th which matches the Date of Notice for our NOA1. It also shows our Priority Date as April 15th.

I guess the question is which Date matters to USCIS, Priority Date or Receipt Date?

Edited December 11, 2010 by Bob 4 Anna

[newlyweds2010 208]

Ai yo! I just can't wait to see another thread, a couple of months down the line, raving and ranting against the U.S. government. About how they're unfair, cruel and cold-hearted. Throw in summary bit about how as a tax-paying American citizen they should not be enduring such a painful separation from their loved one. All the while forgetting that it was their callous actions that landed them in the hot soup to begin with.

well said! sad, but true. we've read quite a few of those lately.

[Vuvu zela 9]

I sent the I-130s for Anna & Gabby on April 14th, 2009. Our NOA1s show Received on April 15th, Date of Notice is April 20th which matches the date they deposited the checks.

On our NOA2s they both show a receipt date of April 20th which matches the Date of Notice for our NOA1. It also shows our Priority Date as April 15th.

I guess the question is which Date matters to USCIS, Priority Date or Receipt Date?

Very good question indeed!

I found this visa bulletin on USCIS website...http://www.uscis.gov/files/pressrelease/FAQ2.pdf

It is not relevant to what we are discussing here, but it sheds some light on our many questions.

If you read the first 5 questions, you will notice that USCIS consider "acceptance" of your application when it is physically received and entered in the courier's service system!

(Which in our cases it was received the very next day!)

Unless I'm reading something wrong and this information is outdated, I think the OP's husband has a chance if their AOS package is received before he overstays his visa!

(Provided of course it is filled out and filed correctly!)

Edited December 11, 2010 by Vuvu zela