CR1 vs K1 for time to i-765 approval?

[nane1104 146]

Wow, I don't know....that's a pretty risky plan when you think about what can happen if something goes wrong. And it seems like there is a whole bunch of things that could not work out as planned and hoped for.

IMHO, I'd go the safe route, get married, return to the UK, file, get your everything in order at home and return with a greencard almost waiting for you.

Or do K-1 which might reunite you with your fiancee a little bit faster.

But good luck for whatever route you decide!

[Inky 1,111]

You will need the full medical from a civil surgeon and you need to file the I-130 WITH the I-485 package if you are filing from within the US.

[Nich-Nick 3,354]

Here's a long thread on British ExPats dicussing the legal cases concerning this

VWP Entry and Adjustment of Status: New Decision

[Harpa Timsah 13,258]

No police certs needed for AOS (they must be able to do checks from in-country with your fingerprints). And heartily agreed, the timeline seems too short.

If you don't make it, you would leave and abandon the I-485 and be out $1070. The I-130 would still be in play.

[NickandNoelle 0]

Thanks for keeping up with the replies.

I've spoken again to the USCIS, and they said that provided I had entered legally I could overstay my VWP and even file after the expiration date.

She also said I could file a barebones application, just the I-130 and I-485 (without 693, 765, 864, 131, g325 etc etc) which would automatically extend my stay once received. I could then, at a less frenzied pace, put together the rest of the paperwork and do the Medical in anticipation of an RFE. Citing the NOA1 (once I have it) the fees for filing the various other forms would be waived, as they would be part of the larger case.

I'm still not sure what the conclusion is to the big thread over on British Expats. That whole case was apparently based around someone who entered illegally, which would be a blatant red flag to anyone official with half a brain.

I've yet to see a decent reason why Adjusting Status on VWP or expired VWP is such a big deal, provided everything is done legally.

Any thoughts?

Thanks again

Nick

[Harpa Timsah 13,258]

Ah, that's why we call the USCIS hotline the "mis-information line." It strikes again. The people who answer the phone are call center employees, not immigration officers. They often say incorrect and damaging things. It's possible you could get your barebones application accepted for review, but it's also likely they would reject the whole thing for being so far from finished. It's a total gamble. For most people, getting a rejected application only costs them a few weeks' time, but you would risk overstaying your VWP, which would seriously change things.

Regarding overstaying your VWP, there might be serious consequences. It's horrible the hotline told you otherwise. When you entered on VWP, you signed away your rights to an immigration trial, and once you overstay you are immediately deportable. Had you entered on a real visa, even a B2, this would not be the case, but you entered without any visa, but on the Visa Waiver Program. Some districts have decided that adjudicating an overstayed VWP is like granting their request to stop removal proceedings, and therefore have denied based on that. Others are putting the cases on indefinite hold. Right now, NY is "safe," but many of us are waiting for other districts to start denying. You'd never know when NY might start denying overstay VWPs, because there is precedent to do so.

http://www.nytimes.com/2010/05/15/nyregion/15visa.html Read this for a nice explanation.

Example of this happening on VJ.

http://www.visajourney.com/forums/topic/292498-i-485-denied/

There are some reasons to not overstay. You risk denial and deportation and a 10-year ban. If you get it initially accepted before the 90 days are up, then all districts agree that you get a chance to get your application adjudicated normally. After the 90 days, some say not even a chance.

Hope that helps. Since you have a chance to avoid a deportation order, you should avoid it at all cost. Or, at least I would, if I were in that position.

Good luck.

Edited March 4, 2011 by Harpa Timsah