Final Check for Submitting I-485/I-130 Concurrently under VWP

[Sawnic 0]

Hi,

I am in the final processes of assembling my I-130/I-485 packets and just have a few questions.

1): While I think we have everything together, could you give me an overview of things that would get our application rejected outright? Though I don't particularly want an RFE, I am most concerned with getting this submitted on time at the moment and feel like that if the application is rejected outright, we could be in trouble, which I will further elaborate upon in my next question.

2): My wife's 90 days expires on March 20th (March 19th was stamped on her passport, though this probably won't make a difference anyway as the 19th is Saturday and the 20th is Sunday). In all likelihood, we will get the package sent tomorrow on March 8th, sending it express/overnight. My concern is the length of time it will take to process our application. I have read that they need to accept the application into their system by the 90th day...would this be the day I receive the NOA1 or receipt, or would this be the date they cashed the check...or how would I determine this? I don't want to worry for months and months if they received the application on time, and since they have apparently been cracking down on VWP overstays it would be devastating if we submitted everything 11 days in advance and they denied our AoS based on an overstay simply because of their processing time. I have heard in some cases it can be as little as a week but in others it can take more than a month. Could our application actually be in jeopardy because it takes them so like to file our application?

Any and all advice on this would be appreciated. Thanks so much for all your help!

[Barbara J 115]

Hi,

I am in the final processes of assembling my I-130/I-485 packets and just have a few questions.

1): While I think we have everything together, could you give me an overview of things that would get our application rejected outright? Though I don't particularly want an RFE, I am most concerned with getting this submitted on time at the moment and feel like that if the application is rejected outright, we could be in trouble, which I will further elaborate upon in my next question.

2): My wife's 90 days expires on March 20th (March 19th was stamped on her passport, though this probably won't make a difference anyway as the 19th is Saturday and the 20th is Sunday). In all likelihood, we will get the package sent tomorrow on March 8th, sending it express/overnight. My concern is the length of time it will take to process our application. I have read that they need to accept the application into their system by the 90th day...would this be the day I receive the NOA1 or receipt, or would this be the date they cashed the check...or how would I determine this? I don't want to worry for months and months if they received the application on time, and since they have apparently been cracking down on VWP overstays it would be devastating if we submitted everything 11 days in advance and they denied our AoS based on an overstay simply because of their processing time. I have heard in some cases it can be as little as a week but in others it can take more than a month. Could our application actually be in jeopardy because it takes them so like to file our application?

Any and all advice on this would be appreciated. Thanks so much for all your help!

So your wife came here on VWP and overstayed and you married yes? As long as you get that application in before the 90 days it will arrive and you will get a receipt possibly within the week or 2. And that would make it before I-94 expires. When did you get married? and was it her intent to marry you here on a VWP? They will receive it but what your chances are of approval who knows as they are not accepting AOS from these VWP's much any more. They are cracking down on them so I hope you put in plenty of evidence. Good luck

[Sawnic 0]

So your wife came here on VWP and overstayed and you married yes? As long as you get that application in before the 90 days it will arrive and you will get a receipt possibly within the week or 2. And that would make it before I-94 expires. When did you get married? and was it her intent to marry you here on a VWP? They will receive it but what your chances are of approval who knows as they are not accepting AOS from these VWP's much any more. They are cracking down on them so I hope you put in plenty of evidence. Good luck

My wife has not yet overstayed. Her 90 days runs out on March 20th. Also, she doesn't have an I-94, she did not receive one when entering (I explained this in the applications and included a copy of her ESTA as well, which took the place of her I-94.) She did not enter with the intention of getting married. She came over on December 21st and we were married last week on March 1st, so this was sort of last minute. Assuming it is accepted, I'm not too worried about the application being denied (should I be?), I'm just worried about it being accepted within the 90 days. Is it likely the application will be accepted by the 19th/20th if we send it express on March 8th? If not, will this for sure adversely affect our application, or will they notice that it was sent out prior to the 90 days? Would it be worth explaining this on an additional sheet with the application?

Thanks in advance!

Edited March 7, 2011 by Sawnic

[Barbara J 115]

My wife has not yet overstayed. Her 90 days runs out on March 20th. Also, she doesn't have an I-94, she did not receive one when entering (I explained this in the applications and included a copy of her ESTA as well, which took the place of her I-94.) She did not enter with the intention of getting married. She came over on December 21st and we were married last week on March 1st, so this was sort of last minute. Assuming it is accepted, I'm not too worried about the application being denied (should I be?), I'm just worried about it being accepted within the 90 days. Is it likely the application will be accepted by the 19th/20th if we send it express on March 8th? If not, will this for sure adversely affect our application, or will they notice that it was sent out prior to the 90 days? Would it be worth explaining this on an additional sheet with the application?

Thanks in advance!

No don't send anything extra and if you send it tomorrow they will get it Wednesday and you will get a receipt with in the 2 weeks which is before expiration of ESTA. All I am saying is when you get interview stage you will have to provide strong evidence that she did not come here with the intent of marrying for your case. Yeah I don't think they give I-94 any more just the ESTA paper. They will see it was sent prior to expiration. SO all you can do is wait and fingers crossed. I just know they are cracking down on VWP marrying and then applying for AOS. What you should have done is marry sure and then she go home and you start CR1 process and then its all above board in their eyes.

[Sawnic 0]

No don't send anything extra and if you send it tomorrow they will get it Wednesday and you will get a receipt with in the 2 weeks which is before expiration of ESTA. All I am saying is when you get interview stage you will have to provide strong evidence that she did not come here with the intent of marrying for your case. Yeah I don't think they give I-94 any more just the ESTA paper. They will see it was sent prior to expiration. SO all you can do is wait and fingers crossed. I just know they are cracking down on VWP marrying and then applying for AOS. What you should have done is marry sure and then she go home and you start CR1 process and then its all above board in their eyes.

Thanks again for your help! I have also heard they are cracking down on VWP marrying and AoS, though I heard the crackdown was localized to instances where there was a VWP overstay. That is why I am so concerned in this case. If we sent it tomorrow they will have it by Wednesday, March 9th, which (including the Wednesday itself) gives them only 8 business days to process the application. Do you really think it will get processed in time?

As far as evidence that she did not come with the intent of marrying...she came for Christmas, I bought her ticket, December 18th to January 6th. When she went to return, we realized that a couple of her return flights did not have seats booked so she could not fly back without paying several hundred dollars extra to get premium seating, so we decided to postpone the ticket until February. By then, we decided we didn't want to be apart so we canceled the ticket on February 17th and began planning this only then. Also, her father owns a business and she worked for him as an office administrator (she is still "employed" by him, as in if she went back she'd have a job so we put it on her i-485 application and G-325as. She is still paying bills for services (internet, cell phone) that she can't just break the contract on as it would cost a lot more.

From my understanding, we are 100% in the rights of the law in adjusting her status under the VWP as there was no immigrant intent and we married after she arrived, not prior. So should we be okay as long as we explain these things at the interview?

[Harpa Timsah 13,258]

They are NOT "cracking down on VWP to AOS." This main issue is for VWP who overstay and then try to AOS, and this is because the person waives their right to an immigration trial, and some districts have decided adjudicating an AOS is like granting a stay of removal. The OP is looking to submit an AOS application before the 90 days granted by the VWP are over. All districts agree that AOS application accepted within the 90 days will be adjudicated normally, except that if the benefit is denied, there is no chance for appeal, because of the terms of the VWP.

Now, a separate issue is intent. As we know, using a non-immigrant visa to immigrate to the US is visa fraud. However, we are not sure the OPs circumstances. It is possible there was a change of plans and that the alien did not intend to AOS when s/he got here. They will not have to prove or provide evidence that they did not have intent. Rather, USCIS will have to have evidence that they DID intend to immigrate and/or misrepresentation.

OP - The main things that cause a rejection are missing signatures and incorrect fees.

Yes, you must get it accepted before the 90 days are up. Accepted takes a about a week, but can take longer, and is determined by the day they issue your Notice of Action (NOA1) and cash the check. You will hopefully get a text message if you send in the text message slip (can't remember the number, G-1145?) the same day. You can also watch the bank for your check to get cashed. Good luck.

[Barbara J 115]

Thanks again for your help! I have also heard they are cracking down on VWP marrying and AoS, though I heard the crackdown was localized to instances where there was a VWP overstay. That is why I am so concerned in this case. If we sent it tomorrow they will have it by Wednesday, March 9th, which (including the Wednesday itself) gives them only 8 business days to process the application. Do you really think it will get processed in time?

As far as evidence that she did not come with the intent of marrying...she came for Christmas, I bought her ticket, December 18th to January 6th. When she went to return, we realized that a couple of her return flights did not have seats booked so she could not fly back without paying several hundred dollars extra to get premium seating, so we decided to postpone the ticket until February. By then, we decided we didn't want to be apart so we canceled the ticket on February 17th and began planning this only then. Also, her father owns a business and she worked for him as an office administrator (she is still "employed" by him, as in if she went back she'd have a job so we put it on her i-485 application and G-325as. She is still paying bills for services (internet, cell phone) that she can't just break the contract on as it would cost a lot more.

From my understanding, we are 100% in the rights of the law in adjusting her status under the VWP as there was no immigrant intent and we married after she arrived, not prior. So should we be okay as long as we explain these things at the interview?

You are right the crack down is on VWP overstays and marriage and then AOS. Try not to be too concerned as it wont be processed it will be received well in time and if they are on the ball you will get your receipt notice within 2 weeks. As I said they will see the date and know that it is before expiry date of I-94. As Harpa has quoted here: Accepted takes a about a week, but can take longer, and is determined by the day they issue your Notice of Action (NOA1) and cash the check. SO keep an eye on your account too so you will know when it has been cashed.

Also as Harpa has quoted: All districts agree that AOS application accepted within the 90 days will be adjudicated normally, except that if the benefit is denied, there is no chance for appeal, because of the terms of the VWP.

[Sawnic 0]

Thanks to you both for your help! Another issue just came up that I want to confirm. I don't think this will be an issue but better safe than sorry.

My wife just got her medical back--everything is fine! In order to do the bloodwork for the syphilis test, we had to go to a lab who then faxed the results to the civil surgeon who filled out the I-693. The civil surgeon gave her the sealed envelope, as well as a copy. However, the labwork had one letter of her name misspelled. (It is a two word first name; the first word should end in N, though the labwork has an M) Is this something I need to be concerned with? The I-693 itself has the name correct and this typo is only evident on the labwork that was faxed to the civil surgeon. I hope this won't be an issue because due to our time constraints we really don't have time to deal with getting the I-693 reconfigured.

Thanks again!

[Barbara J 115]

Thanks to you both for your help! Another issue just came up that I want to confirm. I don't think this will be an issue but better safe than sorry.

My wife just got her medical back--everything is fine! In order to do the bloodwork for the syphilis test, we had to go to a lab who then faxed the results to the civil surgeon who filled out the I-693. The civil surgeon gave her the sealed envelope, as well as a copy. However, the labwork had one letter of her name misspelled. (It is a two word first name; the first word should end in N, though the labwork has an M) Is this something I need to be concerned with? The I-693 itself has the name correct and this typo is only evident on the labwork that was faxed to the civil surgeon. I hope this won't be an issue because due to our time constraints we really don't have time to deal with getting the I-693 reconfigured.

Thanks again!

NO darl not an issue just a miss spell as long as the 693 is correct all is sweet. Good they gave you a copy excellent and the sealed envelope goes with you AOS.