Decision on Visa Waiver Program Adjustments

[Deputy Purple 1,294]

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.

I understand, you're looking for other places to direct your anger and apparently I'm a convenient target for you as is USCIS and the "unfair system". That's okay bur it won't help your situation.

Are you ever going to bother answering the question about the AOS Denial? Since you avoid it like the plague I'm assuming that it doesn't say "Without Prejudice" which means that your second attempt (even if you move elsewhere and file in a different Field Office) will just be rubber-stamp denied.

Instead of calling others bad guys here why not take the energy and put it to good use by finding out what you CAN do? This will only be the end of your marriage if the two of you let it be.

To get him here legally you should try to avoid getting a deportation order as that can just muck it up worse.

So the I-485 was denied and the second one will be also. Was the I-130 approved? If it was see if you can get it sent to NVC so you can begin processing for a Spousal Visa ASAP.

When he interviews in London he will be denied because of the 10 year ban due to his overstay. Have the Hardship Letter and Waiver packet ready to turn in on the spot.

For the Hardship Waiver (I-601) go to immigrate2us.net, that's what they do over there and Laurel Scott is the Queen of I-601 (and I-212 Waivers also) you can get free chat consult with her there.

BTW, my wife & I thought there was an insurmountable roadblock to her immigrating to the US but not once did we think of ending our marriage over it. I was willing to move to the Philippines once my youngest daughter gets on her own (visiting every year until then of course) if that's what it took. We stuck together and she got here ahead of schedule.

What you label as "My WRATH" is really no such thing. You have to remove emotion from the immigration process and look at it from a logical point of view because that's how USCIS, NVC, DOS, CBP & ICE do it. Keep the process & emotions separate and you will succeed.

So, make your choice... Is your marriage worth fighting for are are you going to just sit down at the side of the Immigration Road and cry until there's nothing left to cry (or fight) for?

[Team SD 0]

Hey guys,

Thought I would share this with you.

We had our AOS interview yesterday at the SAN DIEGO office.

The Interview was going great and the IO was happy to approve us until... She saw that although we married while under the Visa Waiver Program ( two months after admission), we filed for AOS after the visa waiver had expired (less than 2 months, due to awaiting birth certificates and tax returns, paperwork for package). Thus, it is classed as an "Overstay" and San Diego had a denial policy for this as you had to have filed BEFORE the 90 day period had expired.

We were devastated and explained that Immigration Lawyers had informed us (at a cost), that due to new USCIS guidelines issued in April 2011, it was okay to file the i-485 after VWP overstay, as long as it was within 90 days of the expiry of the VWP.

But to her credit, the IO went off to consult, as the she said the rules may had changed.

When the IO returned, we were told that the she would now have to escalate our case to the director level for review and a recommendation for approval from her, but they would weigh up the positives vs. negatives and to our credit, we had many positives (No criminal history etc) and the only negative being the brief VWP overstay.

The decision could take between one week to three months and the Director could deny us.

England girl, share your story please?

Update: just got this...

On January 25, 2012, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

Good news I assume.

LOL.

Edited January 30, 2012 by Team SD

[Team SD 0]

Update: just got this...

On January 25, 2012, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

Good news I assume.

LOL.

Just received my welcome letter. Truly a great day.

I hope this gives hope to those VWP overstayers. Just make sure you file before 180 days after your visa expires.

[Harpa Timsah 13,258]

Just received my welcome letter. Truly a great day.

I hope this gives hope to those VWP overstayers. Just make sure you file before 180 days after your visa expires.

Great news! I read on that lawyer blog that there has been yet another memo that states that USCIS offices MUST adjudicate VWP overstays the same as other overstays. In other words, it can no longer make a difference, and San Diego cannot make up their own rules. The publication of that memo seems to coincide with your approval. Thanks for the update!

[Team SD 0]

Do you have a URL for the article?

[Harpa Timsah 13,258]

Sure! I was being lazy before

http://www.visalawyerblog.com/2012/01/adjustment_of_status_for_alien_1.html

[Laura & Kyle 16]

Congrats Team SD! So glad a decision was made in your case.

[Team SD 0]

Congrats Team SD! So glad a decision was made in your case.

Thanks. Gets better, just read this...

The USPS reported that they picked up mail from USCIS containing your new card on January 31, 2012. You should receive your new card within 7 days. If you do not, or if you move before you get it, please call our customer service at 1-800-375-5283.

The system works... Sometimes LOL.