Current Immigration Status??? Form I-485/I-765

[Chirpie 0]

Hi, I am a British Citizen. I entered the U.S. 3 months ago on a Visa Waiver Program (Tourist) and ended up getting married to my boyfriend (USC) of 3 years. We are currently filing for AOS for me and have a couple of questions about the I-765 and I-485.

I-765, Q.15, asks for Current Immigration Status. I am unsure what to put, as i entered as a tourist, but now my tourist visa has expired and we're about to send the forms for AOS. What is my current immigration status??

I-485, Part 1 asks for Current USCIS status - is this the same answer as above or slightly different answer?

Part 3 asks for the Consulate where the Visa was issued - but you get the VWP form on the plane from england to USA and get it stamped in the U.S. So what is the answer to this? Which Consulate and where?

Ok i think that's everything! Any help anyone can give me would be really appreciated!!

Thank you.

[richardowen 0]

Hi, I am a British Citizen. I entered the U.S. 3 months ago on a Visa Waiver Program (Tourist) and ended up getting married to my boyfriend (USC) of 3 years. We are currently filing for AOS for me and have a couple of questions about the I-765 and I-485.

I-765, Q.15, asks for Current Immigration Status. I am unsure what to put, as i entered as a tourist, but now my tourist visa has expired and we're about to send the forms for AOS. What is my current immigration status??

I-485, Part 1 asks for Current USCIS status - is this the same answer as above or slightly different answer?

Part 3 asks for the Consulate where the Visa was issued - but you get the VWP form on the plane from england to USA and get it stamped in the U.S. So what is the answer to this? Which Consulate and where?

Ok i think that's everything! Any help anyone can give me would be really appreciated!!

Thank you.

This sounds a little scary, are you saying you don't have a visa to be in the country. i.e. you don't have K1 ?

I would be very careful about applying for anything to USCIS if you are not legally in the country.... they can be very nasty and you could be kicked out and then you'll have serious problems and may never get a visa.

I'm just about to come over on a K3 which has taken 12 months to get and I know others that have go to the US with the intention of getting married but you have to enter on K1 visa.

Rich./

[Chirpie 0]

Apparently from what i've read and a couple of lawyers i've spoken to, it's ok to get married on the VWP, so long as you did not ENTER the country with the INTENT to get married. me and my partner had no such intent, it was a spur or the moment decision, so should be ok.

good luck with your wedding plans and visa applications.

Zell

Hi, I am a British Citizen. I entered the U.S. 3 months ago on a Visa Waiver Program (Tourist) and ended up getting married to my boyfriend (USC) of 3 years. We are currently filing for AOS for me and have a couple of questions about the I-765 and I-485.

I-765, Q.15, asks for Current Immigration Status. I am unsure what to put, as i entered as a tourist, but now my tourist visa has expired and we're about to send the forms for AOS. What is my current immigration status??

I-485, Part 1 asks for Current USCIS status - is this the same answer as above or slightly different answer?

Part 3 asks for the Consulate where the Visa was issued - but you get the VWP form on the plane from england to USA and get it stamped in the U.S. So what is the answer to this? Which Consulate and where?

Ok i think that's everything! Any help anyone can give me would be really appreciated!!

Thank you.

This sounds a little scary, are you saying you don't have a visa to be in the country. i.e. you don't have K1 ?

I would be very careful about applying for anything to USCIS if you are not legally in the country.... they can be very nasty and you could be kicked out and then you'll have serious problems and may never get a visa.

I'm just about to come over on a K3 which has taken 12 months to get and I know others that have go to the US with the intention of getting married but you have to enter on K1 visa.

Rich./

[Dr_LHA 3]

This sounds a little scary, are you saying you don't have a visa to be in the country. i.e. you don't have K1 ?

Happens all the time. As long as the beneficiary can prove that the marriage was spontaneous and not planned (e.g. they have return tickets to the UK), then it should be fine.

I would be very careful about applying for anything to USCIS if you are not legally in the country.... they can be very nasty and you could be kicked out and then you'll have serious problems and may never get a visa.

USCIS will know. You can't not tell them! Officially right now the poster has overstayed on the visa waiver program. Overstays are forgiven in the case of filing a green card through marriage to a USC. My advice to the OP: file for AOS as soon as possible, don't lie on any of your forms. Be prepared for tough questioning as to your intent when you arrived in this country on a visa waiver.

I'm just about to come over on a K3 which has taken 12 months to get and I know others that have go to the US with the intention of getting married but you have to enter on K1 visa.

So your advice is motivated by the fact that the poster didn't do it "the right way" and you did?

[Kez/JWolf 6]

I did AOS from a VWP from the Uk and I was not even asked at my interview about intent to remain... I was asked how we met and all the other questions....

richardowen.... there are many way to do AOS not just K1/K3... please do not tell people they should only do it this way just because you think that is the right way to do it...

Kez

[kim&james 0]

If you are out of status I would probably just put that down and where it asks how you entered put VWP.

As long as you entered legally and have married spontaneously, you should not have any problems. Do not leave the country. Best wishes.

[Yodrak 7]

Chirpie,

To answer one of your questions - these are the same question, just worded slightly differently.

Yodrak

.....

I-765, Q.15, asks for Current Immigration Status. I am unsure what to put, as i entered as a tourist, but now my tourist visa has expired and we're about to send the forms for AOS. What is my current immigration status??

I-485, Part 1 asks for Current USCIS status - is this the same answer as above or slightly different answer?

.....

[Killer_Clown_2009 0]

I couldn't find a straight answer to that question either so I put down: Tourist/ Out of Status in those boxes. I'm hoping it doesn't cause any issues, I am thinking now that "out of status" is probably the correct answer.

Don't worry, they probably won't be any nastier to you than they are to anyone else.

Edited November 30, 2006 by jane2005