Application means legal overstay?

[christiannokes 0]

My wife and I just got married when she got to the US and now we are looking to apply for AOS to permanent residency. Her Visa Waiver Program stay expires in September and it's August now.

My question is, once we mail the application off can she legally stay longer than September until she hears answer from USCIS?

[Harpa Timsah 13,258]

Once they accept the application for initial review she begins a NEW period of authorized stay.

[Derby dog 9]

Umm.. She came over on a visa waiver and got married right away??

I would think your problem might be with intent to stay.. I'd check it out. I know someone who's having a lot of legal drama for the same reason.

[Harpa Timsah 13,258]

Intent, by itself, is not a negative enough reason to deny an AOS. If the OP's wife lied at POE or misrepresented herself in any way to enter the country, then that would be an issue.

[Derby dog 9]

Fair enough. From what I knew i thought they considered getting a visa waiver and then marrying within the month to be lying.

Unless you prove you had no idea you would be getting married.

Like does the spouse still maintain an overseas address? Or car, or bills still.? If you were coming over on a tourist visa and planning on returning, you would still have all that.

[christiannokes 0]

Thanks for the posts.

"Once they accept the application for initial review she begins a NEW period of authorized stay."

Is there a standard amount of time it takes for them to accept or deny the application from the time the application gets to there doorstep?

[christiannokes 0]

I've heard it's legal to apply for AOS when you get married on a VWP (and it's not planned).

Our worry is we send the application, and in the period where they haven't decided whether or not to review our application, and also if they decide not to review it, and then she has some kind of bad standing with USCIS.

We want to know if they will let her adjust her status before she leaves the country and we can't be together.

We got married over a month after she came here and have been trying to save up money and figure out all of the stuff to do. If we can avoid being apart now we will. If not then ok, but bummer because we are legitimate (which I know isn't enough to have her application accepted).

I don't blame immigration though. I don't want people coming into my country that are going to ruin it in some way.

[Harpa Timsah 13,258]

Thanks for the posts.

"Once they accept the application for initial review she begins a NEW period of authorized stay."

Is there a standard amount of time it takes for them to accept or deny the application from the time the application gets to there doorstep?

Up to a month but usually a week or so. Overstay is forgiven/irrelevant for spouses of US Citizens, so if you go this path, stick to it and stay in the US. You really must stay, because if you leave before you have travel permission, you will formally abandon the AOS application and lose your fees.

When it gets to the mailroom they will check for the basic components of the application, like correct fee and correct signatures. If your application has that then it will be accepted for initial review. If not, it will be rejected and sent back to you (fees too, that is not a denial).

Have you found the VJ guide?

[christiannokes 0]

Thanks a ton.

Yeah I found the guide section but can't find a guide specific for our situation...

[Harpa Timsah 13,258]

It's this: http://www.visajourney.com/content/i130guide2