Decision on Visa Waiver Program Adjustments

[englandgirl 0]

Well, we have filed again and we can only but hope for the best. There is no other option for us without a seperation. We are at the mercy of this unfair system.

[Deputy Purple 1,294]

Well, we have filed again and we can only but hope for the best. There is no other option for us without a seperation. We are at the mercy of this unfair system.

Really, 12 years overstay and crying that the system is unfair!? I suppose in his 12 years of ILLEGAL PRESENCE in the US he never once worked without authorization or committed any other infraction aside from his illegal presence?

In order to claim something is unfair one must enter the situation with "clean hands" and I can't say that someone who has overstayed a non-immigrant visa or VWP entry by 12 years has clean hands for immigration purposes.

Did you check what Jim asked, was the denial without prejudice? If not then don't expect a different result regardless of where you file, the denial went on his "permanent record"...

[englandgirl 0]

Really, 12 years overstay and crying that the system is unfair!? I suppose in his 12 years of ILLEGAL PRESENCE in the US he never once worked without authorization or committed any other infraction aside from his illegal presence?

In order to claim something is unfair one must enter the situation with "clean hands" and I can't say that someone who has overstayed a non-immigrant visa or VWP entry by 12 years has clean hands for immigration purposes.

Did you check what Jim asked, was the denial without prejudice? If not then don't expect a different result regardless of where you file, the denial went on his "permanent record"...

The general rule was that marrying a U.S. citizen would allow for adjustment of status REGARDLESS of current status. Is it a FAIR system if the SD jurisdiction has now changed their mind about it? In our view, NO it isn't. Let me make this very clear to you also, I shared our situation with you all on this forum to help anybody else in a similar situation. I never expected to get such a verbal attack from YOU. My husband should have acted upon his situation 12 years ago, but unfortunately he didn't/couldn't. Let us leave it at that shall we.

[Team SD 0]

Regardless of how long he was here, the key thing is the inconsistencies across the US. If you are allowed to adjust or not, then that should be the same all over.

The ruling is, each case should be taken on its own merit, then that should be consistent across the board.

England Girl, I take it he has never received any deportation order, ever?

[Deputy Purple 1,294]

Let me make this very clear to you also, I shared our situation with you all on this forum to help anybody else in a similar situation. I never expected to get such a verbal attack from YOU. My husband should have acted upon his situation 12 years ago, but unfortunately he didn't/couldn't. Let us leave it at that shall we.

There was no attack made, either WRITTEN or verbal (which is impossible given I have never spoken with you in my life).

You see FAIR is a very relative term:

Many people think that AOS from any Non-Immigrant Visa is unfair.

Many people think that AOS after overstaying a Non-Immigrant Visa is unfair.

The list goes on an on.

You think my post was an attack because you don't like what I said never mind if there was truth to it or not. You don't like it when people point out that your husband did wrong, why it's a fact get over it. I didn't call him names or otherwise besmirch his character or chastise either one of you for it, I merely pointed out the facts. Your current situation is the result of his decisions and that is where all blame must land.

But I've already moved along...

I find it curious that you have been asked 4 times now (including this gentle reminder) about the AOS Denial and if it was "without prejudice" but you don't answer that. As has been pointed-out if not then all you're accomplishing by further filings is to lighten your wallet a bit more.

[Deputy Purple 1,294]

Regardless of how long he was here, the key thing is the inconsistencies across the US. If you are allowed to adjust or not, then that should be the same all over.

The ruling is, each case should be taken on its own merit, then that should be consistent across the board.

I don't disagree with that.

BUT, if SD Field Office is allowing AOS on VWP Overstay if there is a good reason for the overstay, such as the other poster who is only at 2 months due to delays in getting the required documents, then wouldn't you agree that constitutes "each case being taken on its own merit"?

Personally I don't think AOS should be allowed from entries on non-immigrant visas or VWP regardless of overstay but I don't belittle people who do AOS in such a manner.

[Team SD 0]

I don't disagree with that.

BUT, if SD Field Office is allowing AOS on VWP Overstay if there is a good reason for the overstay, such as the other poster who is only at 2 months due to delays in getting the required documents, then wouldn't you agree that constitutes "each case being taken on its own merit"?

Personally I don't think AOS should be allowed from entries on non-immigrant visas or VWP regardless of overstay but I don't belittle people who do AOS in such a manner.

It was my post Bob. LOL

What really annoys me is that I was given the wrong legal advice. Multiple lawyers told me it would be okay to file after the VWP expired, but being the person I am, if I could have got it done before it expired then I would have anyway and I have already lost sleep over this.

Had those lawyers told me to leave before my VW expired and apply abroad, then I would have done so, but they told me it was safe to stay.

It appears that (and please feel free to confirm VJ experts), even if we are denied AOS, as I have only overstayed 58 days I can leave and adjust from the UK as I have not overstayed over 180 days and thus will not incur a 3 year ban.

England Girl,

Bob is just pointing out the facts and the facts can be brutal, but we do all wish you luck.

Again, has he ever been subjected to a deportation order? Answering this question will give everyone the ability to more accurately address your question.

[Deputy Purple 1,294]

It appears that (and please feel free to confirm VJ experts), even if we are denied AOS, as I have only overstayed 58 days I can leave and adjust from the UK as I have not overstayed over 180 days and thus will not incur a 3 year ban.

Yes if you are denied and don't hit the 180 day mark on overstay then you won't have a re-entry ban.

I believe that the time from NOA1 Receipt date to Decision don't count against you for overstay but I would seek confirmation of that.

[Team SD 0]

Yes if you are denied and don't hit the 180 day mark on overstay then you won't have a re-entry ban.

I believe that the time from NOA1 Receipt date to Decision don't count against you for overstay but I would seek confirmation of that.

That seems to be the case. IF they deny, the time restarts, so I would have 122 days left before the 3 year ban kicks in. So I would get the hell out of "Dodge", back to UK and sort it from there.

[Deputy Purple 1,294]

That seems to be the case. IF they deny, the time restarts, so I would have 122 days left before the 3 year ban kicks in. So I would get the hell out of "Dodge", back to UK and sort it from there.

You submitted an I-130 with the AOS packet, right? If the I-130 is approved and the I-485 is denied I wonder if you could get the I-130 approval to NVC so that you could do the CR-1 Application Process based on it without having to wait too long again. If that's the case then you could have all of the NVC paperwork ready and breeze through it to London interview. Then you could hang together in the US until day 110 (leave a buffer for just in case) returning in time for the Embassy Interview and minimizing your time apart?

[Team SD 0]

You submitted an I-130 with the AOS packet, right? If the I-130 is approved and the I-485 is denied I wonder if you could get the I-130 approval to NVC so that you could do the CR-1 Application Process based on it without having to wait too long again. If that's the case then you could have all of the NVC paperwork ready and breeze through it to London interview. Then you could hang together in the US until day 110 (leave a buffer for just in case) returning in time for the Embassy Interview and minimizing your time apart?

I submitted EVERYTHING LOL.

How do you know if the i-130 is approved?

According to the USCIS website logon, my case status states my EAD and AP have been approved and are on the way.

[englandgirl 0]

TEAM SD,

In answer to your question, NO he has not been given a deportation order (as of yet, anyway). I would be happy to update you on our situation, if you are interested? And I too would be interested in following your case also, so let me know if you would like to communicate directly. I'm not interested in sharing anymore of our situation on this forum and dealing with certain rude individuals who don't have the ability to express themselves in a polite manner.

BOB,

The TRUTH of all this is that, YES - My husband is an OS and there is a good possibility that he may have to leave. We are preparing for whatever the outcome will be. He made a huge mistake and so here we are. Unfortunately it could mean the end of our marriage. So you see Bob, your brutally honest words don't phase me one bit. We are FULLY AWARE OF THE PREDICAMENT IN WHICH WE ARE IN, but thanks for the reminder anyway

You shouldn't participate in forum discussion if you cannot conduct yourself in a civilized manner. I've just read an older post of yours and it looks like you were giving somebody else similar treatment. WOW! I wonder how many more people are going to experience your WRATH.

[Deputy Purple 1,294]

I submitted EVERYTHING LOL.

How do you know if the i-130 is approved?

If the I-130 isn't showing separately them I have no idea. I've seen posts where users state that their I-130 was approved but the I-485 denied but I don't remember them saying how they knew.

[Brother Hesekiel 2,236]

YES - My husband is an OS and there is a good possibility that he may have to leave. We are preparing for whatever the outcome will be. He made a huge mistake and so here we are. Unfortunately it could mean the end of our marriage.

That makes no sense. Even if he were deported, it would not dissolve your marriage. You two would be still married through good and bad, until death do you part, as that's the vows both of you took. Or do you perhaps consider the possibility that your husband only married you to gain immigration benefits and would thus divorce you if that part doesn't work out for him as anticipated?

Edited August 23, 2011 by Just Bob

[Team SD 0]

Hey Bob,

Your 19 year journey. Were you here with a 14 year overstay on your B1/B2?

Just interested.