Visa Waiver Program/Adjustment of Status Questions

[Sawnic 0]

Hi,

I married my fiance this week. She is from Singapore and here on the VWP. We first met in person in November the week before Thanksgiving. She paid for the flight, and after a couple weeks she left. At this time, we were simply dating. I wanted her to return for Christmas so I paid for her ticket back, and she returned to the US on December 18th. I booked her return flight for January 6th, and when we went to do the check-in the day before realized that she did not have seats booked on the plane (I did not notice this when I booked the ticket). So for her to leave then would have cost several hundred dollars extra, as she would have had to purchase more expensive seating. In light of that, we decided to change her ticket to February 17th, which we did. In that time, we became engaged, and we were going to pursue a K1 visa. However, in February we decided that we wanted to get married now, rather than later. We were married two days ago. Now, my questions regard actually adjusting her status via the I-485.

We have until March 19th to complete this process (that would be the 90th day), and are trying to get as much information as possible to complete it properly so there will not be any issues. If anyone could provide any additional information, it would be appreciated, but below are my specific questions.

--Is it necessary to fill out the I-130 in addition to the I-485?

--Do we need to complete the medical prior to sending in the I-485 package, or can it be at a later date?

--Should we have any issues with the adjustment?

I'm really just trying to get as much information as possible so we can try to get all of the appropriate paperwork filled out and sent in on time so an overstay won't be an issue. Any information would be extremely helpful.

Thank you!

[Harpa Timsah 13,258]

1. Yes it is absolutely necessary to file the I-130 as well. That establishes a familial relationship. You are filing a CONCURRENT I-130/I-485 (that is the uscis jargon).

2. Yes, do the medical before you file the package. You could gamble that they would accept your package without the medical and send an RFE, but if I were you I wouldn't, because of my next point.

3. If you get the package accepted (not just mailed, but received, looked over, and checks cashed, which takes about a week but maybe more) then the only snag would be in case of denial, you would have no recourse to appeal the decision. If you don't get it accepted before the 90 days are over, then you might be automatically denied for the overstay on VWP itself (this is unique for people who entered on VWP). Get it accepted before the 90 days are over, so I would send the package this week.

As to any other issues, perhaps. We don't know your case or your backgrounds (crimes, etc). If the marriage is bona fide, and the immigrant is eligible to adjust (overstay the VWP might make her ineligible), then uscis will grant the adjustment. Good luck.

[Harsh_77 718]

Other option is you can file for CR1 and she can return back to her home country and let them complete the process and she can return back when CR1 is complete in 7-8 months.

The only thing is you guys will have to stay apart.

Edited March 3, 2011 by Harsh_77

[Maybenotthewisest 0]

Hey, where about are you guys? I'm in a similar position, bricking it to be honest. I met my husband in March last year, came to vicit for 89 days in June, he came back with me to the UK in September and we returned, intially for Thanksgiving/Christmas to the U.S. While here a family situation changed at home, and we decided to marry, we got married in January. We filed our AOS in February, just before my 90 days was up, I had to do my medical before this, and am going for my Biometrics next week.Interview to follow and Im pretty nervous. I had never been married before, no children, no criminal record and no overstay. My husband was divorced, with no children, no criminal record either, but we didnt feel like this was something we wanted to do alone. We didnt intend on getting married this soon, we actually were hoping to marry in Ireland and go down the k1 visa route, but after the family thing changed, it made more sense for me to stay here if it was possible. We contacted the May Visa Law Group,its not cheap, I assure you but they are excellant, they do this for a living and they are fantastic. I wouldnt want to continue without a lawyer, even though we did it as by the book as possible for our situation. I see your in Charleston, is the WV? or the Carolina? They are based in Pittsburgh PA, and New York, and we're from WV so thats why we went with them, Id advise you to at least speak to them.

Best of Luck!& congrats on your marriage!

[Mrstate 1]

I would get an advice from a lawyer before the 90 days is up that is your best choice, you might have an option you never thought you have

[Sawnic 0]

Thanks to you all for the advice! We are in Charleston, SC. At the moment, I'm not sure we'd be able to afford a lawyer on this, so I'm just trying to do this as proper as possible and doing research on every step. Hopefully I can get the package out by Monday/Tuesday and it will be accepted on time.

My wife and I are in the process of filling out all of the paperwork and preparing the packets for the I-485 and I-130. I just had a question about this process; would appreciate some advice. Also, on a side note--neither of us have criminal pasts, never been detained by any sort of authority or anything, she has never had any issues with immigration...nothing I can think of that would cause us problems, but you never know.

My question is regarding this. Since she entered on the VWP and we married, I know there can be questions of intent that could cause us problems. There was no intent to marry at the time she came over (as I stated previously, I wanted her to come visit for Christmas so I paid for her ticket, and she was going to leave on Jan 6; when we realized she was missing seats on her return flights she stayed longer and eventually we decided to marry.) However, she came over the week before Thanksgiving and stayed for a couple weeks...all in all she was only out of the US for about 2 weeks (she left on December 5th and returned to the PoE in NJ on December 21st.) Is this something I should worry about? Should I write a synopsis of my case and include it with the I-485/I-130? Any advice would be more than appreciated. Thanks in advance!

Edited March 6, 2011 by Sawnic