What should i do? AOS VS CP

[phenom001 0]

Hello.

I know I am 100% posting in the wrong place and this has been asked before, but here goes nothing.

Basically I got married to an american citizen after staying in america for 9 weeks on the VWP. This was not planned one bit but love does strange things to you...I don't mind returning home to the UK, because thats what I agreed to under the VWP. But ideally I want to stay and Adjust my status.

What would be my safest and quickest option?

If I return home and apply for a CR1 visa (I think) how long will this take? and when will I be able to come back?

Will I be able to take my new wife back home with me while we wait?

ANY advice will help me!

Thanks guys!

P

[Andrea&Henry 311]

Technically, you can always get marry here in the US, but technically is illegal to stay and adjust. A lot of people do it, but its risky. If the USCIS thinks your case is not real and get a rejection you cannot longer enter the US with an WVP and you cannot appeal. That's why they offer the cr1 and k1 visa route. If you want to do things right, you can always get marry, come back to UK and wait. Usually take 8 to 11 month to get the visa. If you don't overstay you can always come back to visit your wife while you wait, but if I cab be truly honest with you, is not going to be easy for you to proof that you're only visiting and you dont have the intention to stay.

[phenom001 0]

ALSO is San Diego still outright denying AoS petitons of people who entered the U.S. without any visa and overstayed their welcome?

[Hypnos 6,576]

No, they were told to stop doing that.

Be aware that there is no right of appeal should your AoS be denied. There was a story here just a few days ago of someone who was denied on the VWP whilst they were outside the US, and now they have substantial problems as a result of this.

[phenom001 0]

so my best bet would be file the forms before my 90 days is up?

[Hypnos 6,576]

It makes no difference; immediate relatives of a US citizen (such as a spouse) do not have to be in status to be able to file for adjustment, but you must have entered legally.

[KayDeeCee 4,893]

Technically, you can always get marry here in the US, but technically is illegal to stay and adjust. A lot of people do it, but its risky. If the USCIS thinks your case is not real and get a rejection you cannot longer enter the US with an WVP and you cannot appeal. That's why they offer the cr1 and k1 visa route. If you want to do things right, you can always get marry, come back to UK and wait. Usually take 8 to 11 month to get the visa. If you don't overstay you can always come back to visit your wife while you wait, but if I cab be truly honest with you, is not going to be easy for you to proof that you're only visiting and you dont have the intention to stay.

It is perfectly legal to marry and file for AOS if you did not plan on doing so when entering the US. It is only fraudulent if you plan to enter the US, get married and STAY beforehand.

They also do not have to prove they had no intent. They just need to send proof of a bona fide relationship and marriage, like anyone else does.

The risk with filing for AOS from a VWP entry is that there is no appeal process if denied.

[phenom001 0]

Hello.

Ok, so my VWP expires on the 10th of this month (october) and I just got married to my USC wife. I'm looking to do consular processing over AOS. I need to fly back home (UK) in December for a very important family event. Im just wondering if we file for consular processing am I able to stay in the US till December? or do I have to leave right away? does my status change?

Also I know there is something that happens if I overstay my current vwp by more then 90 days right?

Any help would be greatly appreciated!

Thanks

[Nich-Nick 3,354]

If you are talking about direct consular processing, your wife would have to have residence in the UK to file a petition to USCIS London. She will start like most and file a petition to the Chicago Lockbox. Then you wait months, then months more and finally get a visa.

You should return to the UK before your stay authorized on VWP expires. If you stay past 90 days, you are in overstay like anybody else visiting. It will be most of a year perhaps before you get the visa.

[lost_at_sea 995]

This is the guide you'll want to follow: http://www.visajourney.com/content/i130guide1

[phenom001 0]

Hello.

Ok, so my VWP expires on the 10th of this month (october) and I just got married to my USC wife. I'm looking to do consular processing over AOS right now because I need to fly back home (UK) in December for a very important family event. Is this doable?

Im just wondering if we file for consular processing am I able to stay in the US till December? or do I have to leave when my visa expires? does my status change? what happens if I overstay till December?

Also I heard there is something that happens if I overstay my current vwp by more then 90 days right?

Any help would be greatly appreciated!

Thanks

[Harpa Timsah 13,258]

If you want to pursue a visa abroad, then you need to leave when your VWP is over. If you overstay the VWP by even one day then you can never use it again.

If you do AOS, you can stay while it is processing and it won't count as overstay, it is much faster, but you probably won't make it home for a December holiday.

[dwheels76 5,468]

Hello.

Ok, so my VWP expires on the 10th of this month (october) and I just got married to my USC wife. I'm looking to do consular processing over AOS right now because I need to fly back home (UK) in December for a very important family event. Is this doable?

Im just wondering if we file for consular processing am I able to stay in the US till December? or do I have to leave when my visa expires? does my status change? what happens if I overstay till December?

Also I heard there is something that happens if I overstay my current vwp by more then 90 days right?

Any help would be greatly appreciated!

Thanks

Honestly AOS (Adjustment of Status) is taking 8 to 12 months. I don't see anyway you would be done by December. Sorry.

[phenom001 0]

Ok thanks guys. How long does advanced parole take to be approved when doing AOS?

[aynom 0]

Hi, I really wanted to clear a few things up for you on this; have some experience. First, there is no penalty for an overstay up to 180 days however, when you return and apply to your local US Consulate for a new Visa to re-entry, they can deny you if they choose. We had a lawyer for a 69 day overstay a couple years ago on an Italian VWP. With us, they asked an explanation and we gave one. I think, it's not worth the stress and extra hassle. DCF is for USC living abroad with their spouses. As stated before, your USC spouse needs to hand in the I-130 at the designated filing office. It is stated she must LEGALLY be a resident of your country for 6 months. This is a little different then just living there. She has to apply to reside and receive proof of residency before the six months begins. I am not sure what you are given in the UK but here in Italy we get a Permesso di Sigiorno based on family. There is some waiting time involved in this as well (not much if it goes well however). DCF is very fast after that in comparison to filing from the US but you have to weigh the difference in time. I mean only that it can be equal with the same waiting period. Once you apply in the US, however, unless there is an emergeny and you get permission, you cannot leave the US the entire time your process is going through. Hope this helps and good luck with everything.