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

Rebecca Jo · December 12, 2010

I do not think they publish the figures but I would be very surprised if the number of people adjusting from non immigrant visa's was larger for VWP countries than others.

I think they do publish the figures. Or at least the number adjusting from K1. I think the statistics I saw the last time I found it was the number one exporting nation of fiancee's was the Philipines.

But I'm too lazy to google it again.

Edited December 12, 2010 by JohnnyQuest

Myopia · December 12, 2010

Congratulations! We successfully adjusted status, too, this past Tuesday. We had a 50 day overstay on VWP, and it didn't come up at all in interview. You (MayoKy) and I are in the same 6th District, while the OP is in the 9th District. It seems that it matters not only what Court District you live in, but also what the policy is for your local USCIS Field Office. The Las Vegas (9th district) recently allowed AOS for a VWP overstayer:

http://www.visajourney.com/forums/topic/271100-vwp-aos-approved/

Conversely, the issue of the San Diego (9th district) memo directing no AOS for VWP over 90 days has been already mentioned. It seems knowledge of an applicant's local office policy is necessary, rather than just saying "this district" or "that state" will never adjust status for VWP overstayers.

I'd be interested in getting a VJ database going to try to chart success/failure/indefinite hold for VWP overstayers based on not only District Court, but on USCIS Field Office. That would be more useful than blanket claims that a particular district will never allow AOS for VWP overstayers.

AJ

And this is why I said what I said initially. Congrats.

Fandango · December 16, 2010

It never ceases to amaze me how reckless some people can be.

OP, I don't even know why you're here...you asked a few q's, and some members here went thru efforts to not only tell you what they knew, but provided sources, USCIS memos pertaining to your case, and they also ignored your ignorance in telling them they were wrong.

There are many of us who are far too familiar with USICS, and once you gain some independent information of your own (ie - not relying on lawyers who are just after money), then you will remain as in the dark as you are now.

Thing about the VWP, when a foreigner uses it, that foreigner waives all appellate rights. So your lawyer, by saying what he's 'won' proves that it has nothing to do with you, as there will be no recourse, no 'day in court' for your husband, because he waived those rights upon entry.

I do hope for your sake you are either successful with your AOS that somehow you managed to get all the docs together, sorted out the BC issue - and not just with a 'statement from his mother', and somehow rec'd - by miracle - your NOA1 by yesterday. If I were in your shoes, reading a memo of a case in my district with my exact scenario, I'd have been very very cautious and it would hold great weight to my decisions. You, on the other hand, dismiss this proof as 'anecdotal' yet you rely on 'my lawyer won two cases' (irrelevant) or 'my friend from Argentina' (anecdotal, and completely different scenario as to your own).

If you made your gamble and it doesn't pay off - then more fool both of you. You won't rec any sympathy from me, because not only were you repeatedly advised of the legal repercussions, you had more than enough time (say a month ago) to file everything without this 'do or die' sense of urgency. There are so many couples who do not have the option of AOSing from VWP, and here you have been given that gift - and yet you don't respect the rules enough to play by them.

If you ever come back here, have a little respect for the members who so unselfishly took the time to repeatedly tell you what's what. You may have just wanted sunshine blown up your azz 'oh it'll be fine!' but if that's not the case, then it's not negative to point out the situation for what it is. And how insulting and ignorant for you to presume and say so

Good luck to you

newlyweds2010 · December 17, 2010

It never ceases to amaze me how reckless some people can be.

OP, I don't even know why you're here...you asked a few q's, and some members here went thru efforts to not only tell you what they knew, but provided sources, USCIS memos pertaining to your case, and they also ignored your ignorance in telling them they were wrong.

There are many of us who are far too familiar with USICS, and once you gain some independent information of your own (ie - not relying on lawyers who are just after money), then you will remain as in the dark as you are now.

Thing about the VWP, when a foreigner uses it, that foreigner waives all appellate rights. So your lawyer, by saying what he's 'won' proves that it has nothing to do with you, as there will be no recourse, no 'day in court' for your husband, because he waived those rights upon entry.

I do hope for your sake you are either successful with your AOS that somehow you managed to get all the docs together, sorted out the BC issue - and not just with a 'statement from his mother', and somehow rec'd - by miracle - your NOA1 by yesterday. If I were in your shoes, reading a memo of a case in my district with my exact scenario, I'd have been very very cautious and it would hold great weight to my decisions. You, on the other hand, dismiss this proof as 'anecdotal' yet you rely on 'my lawyer won two cases' (irrelevant) or 'my friend from Argentina' (anecdotal, and completely different scenario as to your own).

If you made your gamble and it doesn't pay off - then more fool both of you. You won't rec any sympathy from me, because not only were you repeatedly advised of the legal repercussions, you had more than enough time (say a month ago) to file everything without this 'do or die' sense of urgency. There are so many couples who do not have the option of AOSing from VWP, and here you have been given that gift - and yet you don't respect the rules enough to play by them.

If you ever come back here, have a little respect for the members who so unselfishly took the time to repeatedly tell you what's what. You may have just wanted sunshine blown up your azz 'oh it'll be fine!' but if that's not the case, then it's not negative to point out the situation for what it is. And how insulting and ignorant for you to presume and say so

Good luck to you

whoa! but wow :thumbs:

Amy and Nick · December 21, 2010

My lawyer also told me, a month ago, that is was "100% fine" to AOS on VWP. However, she apparently decided to go actually read up on the current situation, and sent us a weak worded letter that she was wrong. For us, the very real possibility of a 10yr ban was just too much to risk - 8-10 months to know youre safe = worth it in my eyes.

If there's one thing you will learn on VJ, its that you CANNOT implicitly trust a lawyer. It might sound fancy, and like they know what theyre doing, but many times theyre just out for your money, and will tell you anything you want to hear - after all, why should they care! They get paid either way.

I sincerely hope that you do get everything sorted out, and youll soon learn that all of us in this site are here because it is, without a doubt, the most comprehensive forum on this subject we've found.

You may not like the answers you get, but we've all been through it, and all we try and do is untangle the maze that is US immigration.

xxtinaxx · December 22, 2010

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!)

They received my package on Nov 22 but I didn't have any notice letter until Dec 13 [ after 21 days]. I called them to ask about my package when i didn't receive the NOA yet.They said its not in their system yet and it normally takes 3 or 4 weeks to get thru it. So I think the OP must be very lucky to have her NOAs right after 1 or 2 days which seems rare.

Edited December 22, 2010 by xxtinaxx

malucarlinha · April 19, 2011

TO ALL YOU NAY SAYERS AND NEGATIVE NANCY'S:

MY MARRIAGE TO MY HUSBAND WAS LEGIT. WE HAD NO PROBLEMS WHAT SO EVER EVEN THOUGH HE WAS ON VISA WAIVER. WE APPLIED IN DECEMBER AND HIS GREENCARD ARRIVED TODAY! TAKE THAT!!!!!! Seriously I almost gave up after reading all your horrible posts, but then I realized that most of you bought your wives from Asia or Latin America.