Applying for adjustment of status while visiting hubby in the States.

[Gia2577 12]

No fines, no waivers, nothing else to apply for. There are folks on this board who have been approved AOS with years of overstay. It is forgiven with marriage to a USC. As Harpa stated, just make sure you do not leave the US until you have your greencard in your hands.

Ah thanks so much for this help and advice. I have contacted an immigration lawyer but I think going through a lawyer might be too expensive for us.. so this really helps.

[angeldaemon13 42]

Visa Waiver Program in Adjustment of Status and Change of Status - Adjustment of Status from Visa Waiver to Lawful Permanent Resident

What if you come to the U.S., and find that you like it so much, you want to file to adjust your status to lawful permanent resident status (green card holder) so that you can stay permanently? Can you do that?

Usually you cannot file an adjustment of status from VWP status. As a general rule, a person who enters on VWP cannot adjust status to lawful permanent resident status (green card holder) while in the U.S. By entering on VWP, you certify to the Customs and Border Protection agent who admits you that you do not intend to stay in the U.S. If you intend to stay in the U.S., you are considered ineligible for the VWP and should seek the appropriate visa from the U.S. consulate in your country.

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen, or being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the immediate relatives category). However, a VWP holder who files for an AOS outside of the 90-day period or is otherwise placed in removal proceedings may be ineligible for an adjustment of status, even if they are an immediate relative. For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS. - See more at: http://www.hooyou.com/i-485/vwp-filing-memo.html#sthash.anhBa7sB.dpuf

[inlovesalem 17]

Just stay and adjust..........take a deep breath and focus on sending your I-485, EAD and AP......Good Luck and keep us posted

[Gia2577 12]

Visa Waiver Program in Adjustment of Status and Change of Status - Adjustment of Status from Visa Waiver to Lawful Permanent Resident

What if you come to the U.S., and find that you like it so much, you want to file to adjust your status to lawful permanent resident status (green card holder) so that you can stay permanently? Can you do that?

Usually you cannot file an adjustment of status from VWP status. As a general rule, a person who enters on VWP cannot adjust status to lawful permanent resident status (green card holder) while in the U.S. By entering on VWP, you certify to the Customs and Border Protection agent who admits you that you do not intend to stay in the U.S. If you intend to stay in the U.S., you are considered ineligible for the VWP and should seek the appropriate visa from the U.S. consulate in your country.

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen, or being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the immediate relatives category). However, a VWP holder who files for an AOS outside of the 90-day period or is otherwise placed in removal proceedings may be ineligible for an adjustment of status, even if they are an immediate relative. For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS. - See more at: http://www.hooyou.com/i-485/vwp-filing-memo.html#sthash.anhBa7sB.dpuf

Ok this is exactly what i read… however everyone is saying its not a problem so I dunno.

[Teddy B 17,252]

Ok this is exactly what i read… however everyone is saying its not a problem so I dunno.

That's old hat.

Adjustment of Status Safe Again for VWP Overstays

Thankfully, the practice of automatic denial and deportation for visa waiver program adjustment of status applicants has ended. In April 2011, USCIS headquarters issued guidance to local offices instructing them to, once again, handle visa waiver program overstays exactly as they would handle overstays on other types of non-immigrant visas — approve those that are otherwise qualified, unless the applicant already has a removal order.

http://www.cavanaughlegal.com/adjustment-of-status-aos/adjustment-of-status-on-the-visa-waiver-program-vwp/

[Gia2577 12]

No police clearance needed for AOS. Why not? I am not sure, I think it has something to do with jurisdiction. Since you are in the US you will get your fingerprints taken and they will do their own background checks on you.

Overstay is irrelevant for spouses of USCs who adjust in-country. You will not have to pay any extra fine.

Study this guide: http://www.visajourney.com/content/i130guide2

It is set up into two parts, the I-130 part and the I-485 part. You did the I-130 part already, so skip that, do the I-485 part. When it is all put together, send I-485 package (which is many forms) with a copy of NOA1 from I-130.

I will tell you right now you do not need I-485 supplement A or I-601 as listed in the guide as "if required." They are not required for you.

Ok will look at the guide now. Like Is aid my overstay is the only issue i have unless I can file this all in the next two weeks. Some websites say its a problem. Why could I have found this out a week or so ago! Thanks harp for all this info, I really do appreciate it.

[Gia2577 12]

That's old hat.

wow I feel like a yo yo and roller coaster wave of emotion going on with all this info its crazy!

[Teddy B 17,252]

Here it is right from the USCIS adjudicators field manual. Overstay is not a problem on VWP.

http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2011/October%202011/AILA_Field_Ops%20-_Q&A_102511_Final.pdf

[inlovesalem 17]

IT ISNT a problem.........

READS :The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen,

[Harpa Timsah 13,258]

Visa Waiver Program in Adjustment of Status and Change of Status - Adjustment of Status from Visa Waiver to Lawful Permanent Resident

What if you come to the U.S., and find that you like it so much, you want to file to adjust your status to lawful permanent resident status (green card holder) so that you can stay permanently? Can you do that?

Usually you cannot file an adjustment of status from VWP status. As a general rule, a person who enters on VWP cannot adjust status to lawful permanent resident status (green card holder) while in the U.S. By entering on VWP, you certify to the Customs and Border Protection agent who admits you that you do not intend to stay in the U.S. If you intend to stay in the U.S., you are considered ineligible for the VWP and should seek the appropriate visa from the U.S. consulate in your country.

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen, or being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the immediate relatives category). However, a VWP holder who files for an AOS outside of the 90-day period or is otherwise placed in removal proceedings may be ineligible for an adjustment of status, even if they are an immediate relative. For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS. - See more at: http://www.hooyou.com/i-485/vwp-filing-memo.html#sthash.anhBa7sB.dpuf

Please don't quote old and outdated information from other websites. What you have posted is completely wrong, and has been for a while.

[angeldaemon13 42]

Ok this is exactly what i read however everyone is saying its not a problem so I dunno.

Gia, you fall under the program. You are allowed to stay, file your paperwork and go with it!!

[inlovesalem 17]

Please don't quote old and outdated information from other websites. What you have posted is completely wrong, and has been for a while.

Yea but I found the relevant info in the wrong info...LMAO!!! (enough to prove a point anyway)

[Gia2577 12]

ARGH!!!! Thanks everyone you really have cleared up a lot for me and I really appreciate it. Harpa you are amazing with your knowledge and I appreciate the help! I have called up to make an appointment tomorrow or friday for a medical and if I can get my birth certificate sorted I might even make the 2 week mark anyway.

[inlovesalem 17]

I paid the extra for "overnight" (yea ok whatever) delivery of my BC from Canada.... Cost me 50 bucks for the shipping....for nothing, ended up being first piece of the puzzle we had and waited and waited for all the local stuff to come in...LOL...anyhow, may want to look at asking for "overnight" shipping you may get it within a few days

[Gia2577 12]

Please don't quote old and outdated information from other websites. What you have posted is completely wrong, and has been for a while.

Thanks Harpa!

Can i ask do you know the time frame of the i-485 process?? I saw somewhere that i can't find now the different things to expect and the time frames to expect them once you have filed the i-485, such as when you get employment authorisation and etc etc. Thats a big issue for us as I really need to work to support my husband and our household it has been scary not working all this time.

Also worst case scenario that deny the adjustment for whatever bloody reason, what would happen, i would just have to leave and wait it out in my country?? Just want to know all the facts.