Marriage based AOS from VWP

[Hay_Jane 1]

Hi everyone! Joining this thread a little late but would love to hear some feedback from you all!

My now husband and I have been together for three years, traveling to and from the UK and US. I came to the country on April 25th and had a return ticket however (as I am sure you are all aware!), circumstances change and we both decided that enough was enough. I decided to stay and we got married last week! Now... My VWP expires today and I am frantically trying to organize my paperwork. It's causing me so much anxiety and stress I haven't even been sleeping. I want to make sure I get it all right first time!

So I basically want to just run past you what form I have completed and what I am sending with the forms and the amount of the cheque. Here goes..!

I have the I-485, I-130 and I-765. I am attaching a copy of the stamps in my passport, a copy of his passport, my birth certificate, our marriage certificate and a passport sized photo of each of us. Is that all correct?

My next question is that on the I-130 it asks for my arrival and departure record (I-94) which I obviously don't have as I entered on VWP, so what does my husband put there? There is a similar question on the I-485 about my non immigrant visa number, the date it was issued and the issuing consulate. Do I leave it blank or attach a separate sheet explaining the VWP situation?

I am sorry for so many questions I just didn't know where else to ask!

I really, really hope that someone can help me!

Thank you,

Hayley

I forgot to ask whether I need to pay for the I-765 if I am sending the I-485 aswell?

[ala_tika 16]

Hi there!

Don't over stress/worry; just ensure that all your paperwork is correct and properly organized. Your adjusting from VWP isn't an issue at all.

To answer your questions, you can leave the I-94 number section blank. I just filed in march and mine was also blank. You do not have a visa number, so that doesn't apply to you.

There's no separate fee for the EAD when filed with form I-485. Hope this helps and best of luck to you!

Hi everyone! Joining this thread a little late but would love to hear some feedback from you all!

My now husband and I have been together for three years, traveling to and from the UK and US. I came to the country on April 25th and had a return ticket however (as I am sure you are all aware!), circumstances change and we both decided that enough was enough. I decided to stay and we got married last week! Now... My VWP expires today and I am frantically trying to organize my paperwork. It's causing me so much anxiety and stress I haven't even been sleeping. I want to make sure I get it all right first time!

So I basically want to just run past you what form I have completed and what I am sending with the forms and the amount of the cheque. Here goes..!

I have the I-485, I-130 and I-765. I am attaching a copy of the stamps in my passport, a copy of his passport, my birth certificate, our marriage certificate and a passport sized photo of each of us. Is that all correct?

My next question is that on the I-130 it asks for my arrival and departure record (I-94) which I obviously don't have as I entered on VWP, so what does my husband put there? There is a similar question on the I-485 about my non immigrant visa number, the date it was issued and the issuing consulate. Do I leave it blank or attach a separate sheet explaining the VWP situation?

I am sorry for so many questions I just didn't know where else to ask!

I really, really hope that someone can help me!

Thank you,

Hayley

I forgot to ask whether I need to pay for the I-765 if I am sending the I-485 aswell?

[eoo0001 0]

Hi everyone,

I'd really appreciate some help with an issue that I'm having. I'm currently a US Permanent Resident, but I'm in the process of applying for naturalization and hope to have it some time within the next 3 months (I've had a green card for 6 years). I met my girlfriend back in 2010 while she was here on a year-long work visa and I was still in school. We were together in the states for roughly 10 months before she had to go home to Korea, and we've since been keeping up the long-distance, seeing each other 2-3 times per year thing. She's still in school, but is graduating next February, and we've kind of set that as the date that we don't want to be apart anymore. This being the case, I was hoping that I could propose to her, we could get married over here, and all would be easily taken care of, but that doesn't seem to so. I spoke with a lawyer about our situation, and he advised me to go the way of bringing her here on a visa waiver then getting married while she's here. I know many of you have had luck with this, but what worries me is that maybe the immigration lawyers will be a bit more scrutinous of our situation as I'm currently living in Texas and she's from South Korea. I'm afraid that if they look into the timing of my citizenship application, things may get a little bit more complicated regardless of whether or not she entered the country with the intent to leave (I planned on kind of surprising her with this whole thing... She has an idea of what's coming, she just doesn't know exactly how.)

If anyone has any advice/comforting words/insight to this issue, I'd really appreciate the help.

[newacct 688]

Hi everyone,

I'd really appreciate some help with an issue that I'm having. I'm currently a US Permanent Resident, but I'm in the process of applying for naturalization and hope to have it some time within the next 3 months (I've had a green card for 6 years). I met my girlfriend back in 2010 while she was here on a year-long work visa and I was still in school. We were together in the states for roughly 10 months before she had to go home to Korea, and we've since been keeping up the long-distance, seeing each other 2-3 times per year thing. She's still in school, but is graduating next February, and we've kind of set that as the date that we don't want to be apart anymore. This being the case, I was hoping that I could propose to her, we could get married over here, and all would be easily taken care of, but that doesn't seem to so. I spoke with a lawyer about our situation, and he advised me to go the way of bringing her here on a visa waiver then getting married while she's here. I know many of you have had luck with this, but what worries me is that maybe the immigration lawyers will be a bit more scrutinous of our situation as I'm currently living in Texas and she's from South Korea. I'm afraid that if they look into the timing of my citizenship application, things may get a little bit more complicated regardless of whether or not she entered the country with the intent to leave (I planned on kind of surprising her with this whole thing... She has an idea of what's coming, she just doesn't know exactly how.)

If anyone has any advice/comforting words/insight to this issue, I'd really appreciate the help.

That sounds like a terrible idea. What the lawyer is proposing is visa fraud, if she intends to stay here when she enters. The only way it could be okay is if you hide this immigrating thing from her, and when she enters she just thinks she's here for a visit, and then you convince her to change her mind and stay and immigrate. But that's a stretch.

I see your choices being:

• Naturalize and then apply for K-1 for her, and she comes and you guys get married here. Downside is you have to wait until you naturalize.
• Get married (either in or outside the U.S.), and then she does consular processing in Korea. Downside is you have to first get married, and then consular processing takes a long time (~1 year).
  • If you do it as a permanent resident, she has to wait for the priority date to be current. Although for F2A (spouse of permanent resident) it is pretty short right now.
  • If you want to do it as a citizen, then the downside is that you have to wait until you naturalize.

[london2usa 0]

How to Escape from the Immigration Intend ...because everyone will say, at the last moment only their mind changed and it wasn't pre planned before.

So, what are the circumstances that were changed ?

How the Immigration officer can figure out...?