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Filed: Timeline
Posted

Hey guys!

I knew my girlfriend since in high school, through the internet, and we finally met when I came over to the US for college on a F-1. Then we started living together at the start of last year.

In early May, I decided that I had a good chance at launching a successful startup, so I took a leave of absence from college, left the US to make preparations and re-entered in August on the VWP to start a LLC subsidiary for my startup and spend more time with my girlfriend. We were prepared to spend our lives together after she graduates (she is a college senior), but felt that we were both too young to marry. So I had plans to go back home to tend to my business and only re-visit again when the chance comes by again. However, after the past ~3 months together, we realized that we really didn't want to part. Our apartment lease expires right after I depart (since I didn't plan to overstay my VWP), and as I finally started to think of it, I can't bear to see her take care of herself, move her belongings out on her own, prepare her own meals, do her own laundry etc. She had become so reliant on me that we both couldn't see ourselves apart until she graduates. (Her parents seem to count on me to take care of her as she's out-of-state. :unsure: )

I kept reminding myself that it was a bad idea to jeopardize our relationship by attempting an AOS from the VWP, since there were better ways to do this. I could even leave and re-enter on the VWP. But being young and rash, it was a regular day on my last week here when we decided to have a last minute marriage and file an AOS application. I made a sticky mistake of overstaying my VWP because I couldn't put the package together in such a short time (again, we had no plans to do this until the last minute). I'm not hoping for sympathy, because it was foolish and I know many of you have gone through more hardships and longer waits. Nonetheless, our marriage is bona fide and unintended from our perspective but we are worried if the USCIS officer wouldn't think so.

Question 1: Have any of you done an AOS at the Boston office from a VWP? I am really worried if they will reject our application.

Question 2: What is the best (most recent) guide to refer to as we put together our AOS package?

Question 3: I see that there are many places I can mail my AOS package to. Is there a difference?

Thanks!

Posted (edited)

1. You will be fine. Don't worry about the fact that you entered on the VWP, it will be a non-issue. But don't leave the country before you have your advance parole or green card in hand.

2. http://www.visajourney.com/content/i130guide2 Feel free to post questions here as you go through the forms.

3. There's only one correct place to file the package: The USCIS Chicago lockbox. It has a PO Box if you send your package by USPS, or a street address if you use a courier service like FedEx.

Edited by hmh33

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Filed: Citizen (pnd) Country: France
Timeline
Posted

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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