What should i do? AOS VS CP

[slvrfx576 15]

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

Let's keep this simple.

You two can't do DCF because your wife is not a legal resident of the UK. (I presume)

You are able to apply while in the US for AOS, IF you did not enter the US with the intent to marry and stay here. And if you chose this route, you most likely will be stuck here until well past December. You also will not be able to work legally for a while. So those are 3 problems to consider.

Correct procedure is for you to return to the UK before the 10th, and your wife should immediately file I-130 petition for a CR-1 visa. You may be able to come back to the US to visit, but not to live, until the CR-1 is granted. ....which could take some time. See the 'guides" tab for info on the procedures.

[Harpa Timsah 13,258]

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

90 days.

[phenom001 0]

Hello,

So I'm here on the VWP right now. It expires on thursday. Me and my wife want to go to the UK in December, which will be me overstaying less then 90 days.

Once back in the UK we want to file for my green card. Would my overstay give us problems in doing this?

I know I don't receive a ban but I cant come back on the VWP and need to gain a visa but I wont come back until my green card is granted.

The reason i wont adjust my status is because I need to be in the UK in december and I wont be able to leave if we adjust status!

Any advice would be great

Thanks

[harrisonthai 1]

First of all the VWP allows you to stay for up to 90 days, so how will that be overstaying if you're still less than 90 days? Second, adjustment of status while on the VWP with the intention of immigrating is a fraudulent action. My suggestion is to do it right via DCF or Lockbox, either way you be able to travel back and forth during the entire process. I do not think overstaying will cost you a ban of filing an I-130.

Edited October 8, 2013 by harrisonthai

[phenom001 0]

I'm talking after thursday my 90 days is up. But my overstay after that will be under 90 days.

I never intended to get married or adjust my status.

The fact that my overstay is going to be around 55 days, will this affect the consular processing process?

Basically I want to file the i-130 now...

Leave in December for the UK...

Continue the consular process when in the UK....

[lost_at_sea 995]

You can't do DCF unless your wife is resident in the UK for 6 months (see my sig for a link to a London DCF guide). You'll be filing via the Chicago lockbox (see the guides section).

When did you enter the USA? A short overstay should not effect your spousal visa, but I'm unsure if it has an effect on your ability to keep using the VWP. Someone knowledgeable should confirm. Edit: never mind. Reread your post. Your CR-1 (and GC upon US entry) should be fine but you'll likely not be able to get a tourist visa if your VWP privilege has been revoked.

Edited October 9, 2013 by lost_at_sea

[lost_at_sea 995]

Rather than overstay, why don't you come back to the UK in time? Mostly a curious question, rather than accusatory. Losing VWP rights would be lame if you could prevent that. The wait for your CR-1 may be quite long, and you'll want to be able to visit the USA while you wait, I imagine.

Edited October 9, 2013 by lost_at_sea

[Ban Hammer 13,508]

duplicate topics merged.

[Boiler 46,022]

You logical choices are either to stay and adjust or leave before the 90 days are up.

Edited October 9, 2013 by Boiler

[phenom001 0]

My vwp runs out tomorrow...not possible, last minute family issues have caused this, i was happy to stay and Adjust.

Once we live in the uk for 6 months we can then apply yes?

Could we file the i-130 now?

[Harpa Timsah 13,258]

Why can't you just stay and forgo the December holiday?

[lost_at_sea 995]

My vwp runs out tomorrow...not possible, last minute family issues have caused this, i was happy to stay and Adjust.

Once we live in the uk for 6 months we can then apply yes?

Yes. Assuming your wife will be living in the UK on an appropriate visa (tourist visas don't count - she must be resident), you can then do DCF. Are you getting her a UK spouse visa (not sure what you're doing for work while abroad, but the UK has some strict income requirements for spouses)? If she moves with you in December on an appropriate visa, she can petition via the consulate in June - then you may be on course to have your visa 3 - 6 months later.

If you wish to file the I-130 now, you may do so ASAP. You'll have to file via the Chicago Lockbox. See the guide that I linked to above.

Filing immediately via Chicago versus waiting the 6 months will likely have a small time difference overall. Not easy to predict.

I still am unclear why you don't hop on a plane out of the USA before you overstay (although it may be too late by now anyhow).

Edited October 10, 2013 by lost_at_sea

[Boiler 46,022]

If he meets the UK sponsorship requirements.

Anyway you can only lead a horse to water, his call.