I-485...awaiting arrest report

[tominaz 0]

I have a question regarding an I-485 and subsequent docs filing.

My wife is a UK citizen. She was once arrested, all charges were dropped. However, wanting to be thorough, we are checking "YES" in the box about arrests. In the UK, there is a reporing service that provides such information as it is common for employers to check such backgrounds. We have sent for the report and it should be on its way.

Why I am worried is, my wife's visa expires in less than 2 weeks. The I-485 packet is ready to be sent except this form. Once the I-485 is filed, her case is "open" and she is allowed to stay in the US during this period without fear of issue.

Question is: do I wait for this report before filing, or do I send in the I-485 and related forms and THEN send in the report once I get it. It has been suggested I wait for the report. Does anyone have any experience with this? I don't want to send in the I-485 and then have it rejected because of this stupid report. Conversely, I don't want her visa to expire because then there's going to be problems, I'm sure, if I then try to file the I-485.

What do I do?

Edited December 7, 2011 by tominaz

[NancyNguyen 1,658]

I would wait for the report, RFE takes time to process. What kind of Visa does your spouse have? Any visa have a 30 day grace period after the expiration. One more thing, she gets married to US citizen then overstaying is not a biggie.

[tominaz 0]

She's on a Visa Waiver Program (VWP) visa from the UK. 90 day visitor visa.

I am, and have always been, a US citizen.

[ceadsearc 516]

She's on a Visa Waiver Program (VWP) visa from the UK. 90 day visitor visa.

I am, and have always been, a US citizen.

Where do you live? Overstay is overlooked for spouses of USCs BUT the San Diego field office is still denying those with overstays.

[tominaz 0]

Where do you live? Overstay is overlooked for spouses of USCs BUT the San Diego field office is still denying those with overstays.

I am in Phoenix, so hopefully I'd be ok.

I send everything to the Chicago lockbox, but I assume it gets then forwarded on to my local field office, which, I assume is the South Phoenix office.

[Caroline + Angelo 20]

Just curious...you did not file a K1 Fiance Visa and your wife, the UK citizen, came to the U.S. on the Visa Waiver Program with the intention to get married to you, stay and apply for AOS?

Also, the VWP Program is not a 90 day visitor visa, it means you can stay for 90 consecutive days in the U.S. (if your country is in the program) without having to apply for a visa.

Edited December 7, 2011 by Caroline + Angelo

[tominaz 0]

No, she obviously did not come here with the intent of being married. That would be incredibly stupid as it's highly illegal. It's also not the question I'm asking, nor is it pertinent to the I-485. It's an I-130 matter, which I've already dealt with.

[VanessaTony 3,567]

No, she obviously did not come here with the intent of being married. That would be incredibly stupid as it's highly illegal. It's also not the question I'm asking, nor is it pertinent to the I-485. It's an I-130 matter, which I've already dealt with.

it matters because you posted in the wrong forum. I am reporting your topic to be moved.

p.s. There is no "obviously" for us. You didn't write she didn't have intent and we're not mind-readers. It's a valid question because AOSing from the VWP does not permit appealing a denial. It also matters because your posts implies she entered MARRIED which implies intent. Not that intent alone can be used but still matters.

Edited December 8, 2011 by Vanessa&Tony

[Brother Hesekiel 2,236]

Attempting to adjust status on a VW while being out of status is always risky, even if it's not outright immigration suicide like in San Diego.

Entering the US as a married person without a visa and attempting to adjust status is even more risky. I would rather risk an RFE instead of a denial, even if it may cause some delay along the way. I would definitely mail the package out not later than 10-or-so days before the invisible I-94W expires.