Girl from Japan need help! Anyone delayed half year for AOS?

[crossmyfinger 0]

Hi guys, thanks for reading the post.

I came from Japan with a VWP tourist visa and married to my fiance in less than 3 month. My Visa expired in January 2nd. Now it has been almost half year I married to him. We are trying to apply for AOS now.

but i heard we supposed to do AOS right after marriage....

Anyone have same experience like ours? I am worried if there is any problem because of this.

also, The Boston bombing thing just happened, we are not sure if it has make the AOS harder.

thank you

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for spouses of US citizens who adjust in country. Before you send in that paperwork, though, you are subject to deportation and immigration jail. It is best to get that paperwork in soon. Good luck.

[Inky 1,111]

Moved from AOS from family based visas to AOS from work student tourist as the OP did not enter on a family visa but used the VWP tourist program.

[crossmyfinger 0]

ok

Edited May 5, 2013 by Sam J

[crossmyfinger 0]

Hopefully get some suggestions and opinions for the topic soon, but here's a quick questions if anyone can answer for me. According to our situation described at top, which category do I belong to in my i-485?

Edited May 6, 2013 by Sam J

[Harpa Timsah 13,258]

A.

[didopage 337]

Follow that VJ guide: http://www.visajourney.com/content/i130guide2

Your husband has to prepare an I-130 petition package for you, and you prepare the I-485 (AOS).

[Ally12 4]

Me and my husband have been married for 4 years and I came here on vwp too and overstayed. It is not uncommon.

Overstay will be forgiven once married to a USC

Edited May 6, 2013 by Ally12

[crossmyfinger 0]

Thank you for replying guys.

Ally12, I hope your inverview goes well. that'd be a big encouragement for me.

[Lex Specialis 38]

The first category is where you belong on the I-485 checklist. I hope you realize you need to file an I-130 along with the I-485 form, and you should file for an I-765 because it is a one page form and the feel is included in the I-485 fee, so why not get a work permit in 90 days while you wait for your green card. The overstay is not a problem as long as you don't get put in removal proceedings before you come to the interview so as someone said above, get that filed as soon as possible.

Edited May 6, 2013 by Lex Specialis

[crossmyfinger 0]

Thank you for ur advice, Alex. I will definitely do.