Please help: AOS for VWP due to marriage

[KristinH 2]

I have been reading these boards for the last few weeks and doing my research on the gov't websites, but I would love for some knowledgeable eyes to read over our situation and filing preparation prior to submission. Any feedback will greatly appreciated!

My husband and I met in Paris last fall. He is French and I am a US citizen. We fell in love at first sight, and visited each other several times over the last year. In May he visited me on the VWP and stayed for 90 days. We had planned for him to visit with me in the US under the VWP for 6 months (3 months at a time) to "see how things went", and also for him to tour the US, as he had never been before. He also had lost his job in April, so the timing was perfect. He proposed to me at the end of July, before he returned to France, and we planned to file for a K-1 visa after his second 90 day on the VWP ended and he returned to France in this November. When he returned to France in August he applied for assistance in finding a new job. He re-entered the US in mid-August (his most recent entry).

My mom, who was also my best friend, became unexpected ill in August, and we spent the entire month by her bedside nearly round the clock. She expressed her will to see us married, so we began planning a wedding as soon as possible- and set the date for October 14th 2011. Tragically, my mother passed away on Sept 2nd, and it was the most devastating event that has ever occurred in my life- she was only 56. I honestly could not go on without my now husband by my side, he was the only thing that kept me together and moving forward in life and we carried out our wedding as planned- the way my mom would have wanted. We have now been married nearly 2 weeks, and I feel so blessed that he was placed in my life at a time when I so desperately need him. I can not be without him, and we have decided to apply for an AOS of his VWP instead of him going back to France to wait for the K-1 process.

His passport is stamped to expire on November 8th, and we are planning to file for an AOS based on marriage. He did not intend to marry me and adjust status when he entered the country, the extreme circumstances that occurred after his entry are what caused us to marry earlier than planned. We are able to prove this by the job assistance appointment he attend in France in the beginning of August, as well as his return plane ticket, and as much as I hate to say it- my mother's death certificate. Also, we were married 60 days after his entry on the VWP.

We are going to file an I-130 along with I-485, I-864, and G-355. We are also going to file G-1145 for E-notification.

Questions:

1. He entered the country under the VWP with the ETSA, he does not have an I-94 form. On the documents that request the I-94 number, can we enter the ETSA application number instead? We contacted his port of entry, JFK, for an I-94 and they would not issue one- saying that is is now unnecessary for an AOS application as the information is all stored in the ETSA. They said this was a new change. Is this correct?

2. Do we need to submit a G-355 form for both of us? If so, which versions? The USCIS site has G-355, A, B, and C. Which ones do we file?

3. Are there any other forms we are missing?

4. We will be submitting these on our own. What type of presentation is expected? In a binder? Tabs? Plastic cover sheets?

5. His Visa is stamped to expire on Nov 8th. When should we have our package in the mail? We want our package to be accepted before he overstays his VWP date.

Thank you in advance for your help.

Kristin H

[Anh map 2,098]

I have been reading these boards for the last few weeks and doing my research on the gov't websites, but I would love for some knowledgeable eyes to read over our situation and filing preparation prior to submission. Any feedback will greatly appreciated!

My husband and I met in Paris last fall. He is French and I am a US citizen. We fell in love at first sight, and visited each other several times over the last year. In May he visited me on the VWP and stayed for 90 days. We had planned for him to visit with me in the US under the VWP for 6 months (3 months at a time) to "see how things went", and also for him to tour the US, as he had never been before. He also had lost his job in April, so the timing was perfect. He proposed to me at the end of July, before he returned to France, and we planned to file for a K-1 visa after his second 90 day on the VWP ended and he returned to France in this November. When he returned to France in August he applied for assistance in finding a new job. He re-entered the US in mid-August (his most recent entry).

My mom, who was also my best friend, became unexpected ill in August, and we spent the entire month by her bedside nearly round the clock. She expressed her will to see us married, so we began planning a wedding as soon as possible- and set the date for October 14th 2011. Tragically, my mother passed away on Sept 2nd, and it was the most devastating event that has ever occurred in my life- she was only 56. I honestly could not go on without my now husband by my side, he was the only thing that kept me together and moving forward in life and we carried out our wedding as planned- the way my mom would have wanted. We have now been married nearly 2 weeks, and I feel so blessed that he was placed in my life at a time when I so desperately need him. I can not be without him, and we have decided to apply for an AOS of his VWP instead of him going back to France to wait for the K-1 process.

His passport is stamped to expire on November 8th, and we are planning to file for an AOS based on marriage. He did not intend to marry me and adjust status when he entered the country, the extreme circumstances that occurred after his entry are what caused us to marry earlier than planned. We are able to prove this by the job assistance appointment he attend in France in the beginning of August, as well as his return plane ticket, and as much as I hate to say it- my mother's death certificate. Also, we were married 60 days after his entry on the VWP.

We are going to file an I-130 along with I-485, I-864, and G-355. We are also going to file G-1145 for E-notification.

Questions:

1. He entered the country under the VWP with the ETSA, he does not have an I-94 form. On the documents that request the I-94 number, can we enter the ETSA application number instead? We contacted his port of entry, JFK, for an I-94 and they would not issue one- saying that is is now unnecessary for an AOS application as the information is all stored in the ETSA. They said this was a new change. Is this correct?

2. Do we need to submit a G-355 form for both of us? If so, which versions? The USCIS site has G-355, A, B, and C. Which ones do we file?

3. Are there any other forms we are missing?

4. We will be submitting these on our own. What type of presentation is expected? In a binder? Tabs? Plastic cover sheets?

5. His Visa is stamped to expire on Nov 8th. When should we have our package in the mail? We want our package to be accepted before he overstays his VWP date.

Thank you in advance for your help.

Kristin H

The story doesn't matter. The interviewing officer won't really care. Not being heartless, just eliminating that from the discussion.

Follow the guide here on VJ. http://www.visajourney.com/content/i130guide2 It contains a list of the forms needed. (including the G-325A) You can find that tab at the top of every page.

Also read through all the form instructions completely. They contain a wealth of knowledge.

The circumstances you describe are fairly common. There shouldn't be any problems for you two.

Do some reading in this forum (Adjust Status - Work, Student, Tourist) to see how the process has gone for other members.

Best of luck.

[KristinH 2]

The story doesn't matter. The interviewing officer won't really care. Not being heartless, just eliminating that from the discussion.

Follow the guide here on VJ. http://www.visajourney.com/content/i130guide2 It contains a list of the forms needed. (including the G-325A) You can find that tab at the top of every page.

Also read through all the form instructions completely. They contain a wealth of knowledge.

The circumstances you describe are fairly common. There shouldn't be any problems for you two.

Do some reading in this forum (Adjust Status - Work, Student, Tourist) to see how the process has gone for other members.

Best of luck.

Thank you so much for your suggestions! The link you posted with the forms is extremely helpful. What had tripped me up with the G-325-A form was the question about "applicant's last address outside of the US of more than 1 year". I have never lived outside the US, so I assume for my form I just put "N/A"? The question made me wonder if there was a separate G-325A form for US citizens and aliens to fill out.

I know the story doesn't matter, and no worries I didn't take it as heartless. I was posting the fully story to avoid receiving responses discouraging us from going this route due to "intent" issues with the VWP, and asking about his overstay. Sorry for the long read!

Last question: can we put all these papers in a nice portfolio binder with labeled tabs, or leave them as a stack?

[Little_My 464]

Filing before his VWP expires is a good idea, but even if he ends up accumulating a few days/weeks of overstay it probably won't be an issue (as long as you are not filing in San Diego). It can take up to 30 days for USCIS to acknowledge receiving the papers from when you mailed them, so it's probably already too late to get them to USCIS by Nov 8th. Just put the papers in the mail as soon as possible. For me it took about a week from mailing to getting the email notice from USCIS.

Yes, you need a G-325 for both - and actually two for the beneficiary. It is all in the instructions, so just read them carefully and make a list for yourself of documents needed for each form.

You did not list I-693, I-131 or I-765. The first one, which is the medical form, is mandatory. The beneficiary has to get a medical check done by a civil surgeon before you mail the AOS package. The two others - advance parole travel document and employment authorization document are not mandatory, but it makes sense to file them too. They do not cost extra, and will allow your husband to travel and work while AOS is pending. If he overstays his previous status, then traveling on the AP is risky and should be avoided, even though technically there shouldn't be an issue if the overstay is less than 180 days.

any presentation that is logical and easy to follow is fine. I had mine in separate manila folders with a cover sheet for each main form detailing what was attached, in the order of the documents.

The ESTA number is probably fine. Canadian tourists also don't get an I-94. It shouldn't be a problem.

[KristinH 2]

Filing before his VWP expires is a good idea, but even if he ends up accumulating a few days/weeks of overstay it probably won't be an issue (as long as you are not filing in San Diego). It can take up to 30 days for USCIS to acknowledge receiving the papers from when you mailed them, so it's probably already too late to get them to USCIS by Nov 8th. Just put the papers in the mail as soon as possible. For me it took about a week from mailing to getting the email notice from USCIS.

Yes, you need a G-325 for both - and actually two for the beneficiary. It is all in the instructions, so just read them carefully and make a list for yourself of documents needed for each form.

You did not list I-693, I-131 or I-765. The first one, which is the medical form, is mandatory. The beneficiary has to get a medical check done by a civil surgeon before you mail the AOS package. The two others - advance parole travel document and employment authorization document are not mandatory, but it makes sense to file them too. They do not cost extra, and will allow your husband to travel and work while AOS is pending. If he overstays his previous status, then traveling on the AP is risky and should be avoided, even though technically there shouldn't be an issue if the overstay is less than 180 days.

any presentation that is logical and easy to follow is fine. I had mine in separate manila folders with a cover sheet for each main form detailing what was attached, in the order of the documents.

The ESTA number is probably fine. Canadian tourists also don't get an I-94. It shouldn't be a problem.

Thank you very much for your detailed reply. We are living quite far from San Diego, Pennsylvania in fact, so we should be okay with the potential overstay. We are aiming for mailing our package one week before his Visa expires just to safe. We are only missing his translated birth certificate (will be in hand by Monday).

I did fail to mention the I-693, my husband did go to a civil surgeon and has the sealed envelope from their office with completed medical paperwork inside. I assume this is the form and there's nothing further we need to do with it. (?)

Thanks to the replies I've received on this board, we will submit an I-765 form. I did not realize this was something we were able to do. We probably will not file an I-131 as we have no intent to travel and do not want to risk re-entry for him. Thank you for the suggestion though. After reading through the form and instructions, I'm not even sure he qualifies... it looks like we'd have to detail out our trip information (which we don't have planned), or apply for advance parole- which the instructions says is to be used only on occasion for extreme circumstances. Under what category would he apply for it? Reentry Permit, Refugee Travel, or Advanced Parole? The instructions say that the fee is only waived if submitted with an I-485 for a Rufugee Travel or Advanced Parole applicant. It appears to me that he would most likey to be applying for Reentry Permit? If it really is free to file and we don't have specify dates, then we might as well. I just don't want to cause issues with the wrong payment or forms being rejected.

Many Thanks.

Edited October 28, 2011 by KristinH

[Anh map 2,098]

Thank you very much for your detailed reply. We are living quite far from San Diego, Pennsylvania in fact, so we should be okay with the potential overstay. We are aiming for mailing our package one week before his Visa expires just to safe. We are only missing his translated birth certificate (will be in hand by Monday).

I did fail to mention the I-693, my husband did go to a civil surgeon and has the sealed envelope from their office with completed medical paperwork inside. I assume this is the form and there's nothing further we need to do with it. (?)

Thanks to the replies I've received on this board, we will submit an I-765 form. I did not realize this was something we were able to do. We probably will not file an I-131 as we have no intent to travel and do not want to risk re-entry for him. Thank you for the suggestion though. After reading through the form and instructions, I'm not even sure he qualifies... it looks like we'd have to detail out our trip information (which we don't have planned), or apply for advance parole- which the instructions says is to be used only on occasion for extreme circumstances. Under what category would he apply for it? Reentry Permit, Refugee Travel, or Advanced Parole? The instructions say that the fee is only waived if submitted with an I-485 for a Rufugee Travel or Advanced Parole applicant. It appears to me that he would most likey to be applying for Reentry Permit? If it really is free to file and we don't have specify dates, then we might as well. I just don't want to cause issues with the wrong payment or forms being rejected.

Many Thanks.

Advance parole costs nothing to apply for with your other submissions. No trip details needed. It's good to have in case there is some unforeseen need to travel (family emergency, etc.).

No need for a portfolio. Clips the individual application items together. And then clip the entire submission together with a large binder clip. The submission gets taken apart and reorganized by the adjudicator.

[KristinH 2]

Thank you to everyone for your help and advice. My husband received his green card in the mail on Friday.

[ValerieA 350]

Congratulations!