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ClydesdaleCouple

AOS from Visa Waiver after 180 days

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Hi there!

We are finally DAYS away from sending completed AOS packages with physical et al. He is currently 7 months overstayed on his visa waiver, due to needing to save up the funds however, we had eloped before his Visa Waiver expired. We have been told by the VJ community time and time again that overstay is forgiven for spouses of US citizens, is this still the case?? We just want to make sure before potentially wasting this money. No, he did not come over with plans to stay, in fact that has become much a problem as far as obtaining documents he never thought he'd need. But that is neither here, nor there.

Will his overstay effect his eligibility? once again we are married, we were married before his VW expired. just been slowly putting the package together.

From the time we submitted our forms till AOS approval (112 days).

 

Timeline:

January 9, 2012 : Arrived in the United States on VWP from Scotland to visit for a few months.
March 23, 2012 : Married in Pekin, IL
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March 19, 2013 (day 1) : Forms sent into the Chicago Lockbox

March 26, 2013 (day 7) : NOA1 Reciepts for I-130, I-765, I-485; case accepted
April 4, 2013 (day 19) : Change of Address reciept
April 10, 2013 (day 25) : Biometrics appointment notice, appointment sent for April 23rd
April 15, 2013 (day 30) : RFE for I-485
April 23, 2013 (day 38) : Biometrics appointment in Naperville, IL. Super easy, no wait.
April 28 2013 (day 43) : Receipt of Evidence
May 5, 2013 (day 47) : Interview appointment to be scheduled

May 11, 2013 (day 53) : Interview set for July 9, 2013

May 27, 2013 (day 69): EAD has been ordered/sent out

June 6, 2013 (day 79): recieved EAD, applied for SSN

June 14, 2013 (day 87): Recieved SSN

July 1, 2013 (day 104): HIRED!!! (two jobs I might add!!))

July 9, 2013 (Day 112): AOS Interview @Chicago Office, APPROVED ON THE SPOT!!!

July 10, 2013 (Day 113): Illinois Drivers License!!!

July 12,2013 (Day 115): GC Production ordered

July 17, 2013 (Day 120): Green Card Recieved!!!

TWO LOVELY YEARS (July 2013 - October 2015)

October 27, 2015 (Day 1 ROC): Sent ROC packet with fee waiver and late explaination

November 11, 2015 (Day 15 ROC): Packet Denied based on lack of evidence for fee waiver

December 22nd, 2016 (Day 1 restart ROC): Packet resubmitted with better evidence

January 23rd, 2017 (Day 32 since restart ROC): Packet accepted and fee waiver approved

 

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Well now you can hear it time and time and time again: The overstay will not make a difference for approval of your case. He can't travel with AP now though; he'll have to wait for the GC.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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