What are the repercussions for marrying and filing an AOS after Visa Waiver expires?

[mustidseed 0]

Hi there.... my ex husband and I are going to get remarried.... we've been trying to get married and file all the papers prior to the 31st of December.... yes 5 days time from now?! I've filled out all the paperwork, but we still need to get my medical/sealed envelope returned, and find divorce decrees etc.

I came over here on a Visa Waiver in July with the intention of returning to New Zealand in September.... but in the meantime we got invited to go sailing in Spain with a friend... so we went and did that. We returned to the US early October - another visa waiver, another three months, so I decided to stay another few weeks with the intention of returning back to NZ early December.... but by the time that rolled around we realized we didn't want to be apart any longer (8 years was enough wasted time between us) and decided to get un-divorced! I'm so excited for a second chance with my one true love..... I've left my cat and dog back home though and have a few affairs I need to sort out back there... but really, I just want to stay with him now and I'm ok about not being able to leave the country again until things have all sorted themselves out.....

But yesterday I realized that we might not get all the paperwork together by the 31st when my Visa Waiver expires..... what are the repercussions to filing my adjustment of status after my visa waiver expires? Should we at least make sure we get married before then? Or does that matter? I'm very overwhelmed... I'd forgotten how stressful this process is and now I'm worried about everything again!! Deep gratitude for your guidance :-)

Edited December 27, 2013 by mustidseed

[JohnR! 5,495]

If you are going to AOS stateside it does not matter. All you need to worry is to convince the IO that you had no intention to marry and stay in the US when you returned from Spain. Having said that, you should be OK.

Congrats and yes, everyone deserves a second chance! Best of luck!

[mustidseed 0]

So even getting married prior to the expiring date doesn't matter either? A lawyer told me it was CRITICAL that I file prior to the 31st or else I could have all sorts of issues later.....

Edited December 27, 2013 by mustidseed

[Teddy B 17,251]

If you are going to AOS stateside it does not matter. All you need to worry is to convince the IO that you had no intention to marry and stay in the US when you returned from Spain. Having said that, you should be OK.

Congrats and yes, everyone deserves a second chance! Best of luck!

Haha @ "undivorced". You don't here that one too often. Good Luck x 2.

So even getting married prior to the expiring date doesn't matter either? A lawyer told me it was CRITICAL that I file prior to the 31st or else I could have all sorts of issues later.....

It used to matter on VWP. As of 2011 it doesn't.

Edited December 27, 2013 by Teddy B

[JohnR! 5,495]

It makes no difference because as of 1/1 you will be out of status anyway. Your status will not change just by marrying a US citizen. Until you file for AOS you will be accumulating illegal presence in the US, which will be disregarded at the time your AOS is processed. Beware NOT to leave the country until you have your temporary GC in hand.

What your lawyer said no longer applies. (See post above).

Also, if you are internet savvy and a go-getter you will not need a lawyer to represent you during the AOS process. In fact, a lawyer will only add some delay in the communication between the USCIS and you & husband.

Edited December 27, 2013 by Gegel

[mustidseed 0]

Awesome, thank you.... so it sounds like my biggest issue is in convincing them that we had no intention of remarrying during my visit... which we didn't even know if we'd last 5 minutes together, let alone want to get un-divorced?! What would help that process? And any advice on how to convince them our legitamacy.... ofcourse we don't have shared property, bank accounts or anything like that... we've never really been the kind of couple to share much else apart from our life experience, living space and bed......

Edited December 27, 2013 by mustidseed

[Teddy B 17,251]

Awesome, thank you.... so it sounds like my biggest issue is in convincing them that we had no intention of remarrying during my visit... which we didn't even know if we'd last 5 minutes together, let alone want to get un-divorced?! Any advice on how to convince them our legitamacy.... ofcourse we don't have shared property, bank accounts or anything like that... we've never really been the kind of couple to share much else apart from our life experience, living space and bed......

Unless there is solid evidence to the contrary, it won't be an issue. You will not have to present them with any proof, they need to prove that you did have intent. Even if they do, intent alone is still not enough to deny your AOS. You may be asked about it, but other than that, I wouldn't worry about it.

[Pitaya 2,577]

~Moved from K-1 Process to WST-based AOS Forum~

~Inquiry about VWP AOS, not K-1 related~

~Multiple duplicate threads removed~

~Please refrain from multiple posting of same topic~

[mustidseed 0]

THANK YOU. My nervous system has finally settled down! Feels like I can go back to enjoying our renewed connection instead of fretting about it. Deep gratitude to your support.

[Teddy B 17,251]

THANK YOU. My nervous system has finally settled down! Feels like I can go back to enjoying our renewed connection instead of fretting about it. Deep gratitude to your support.

You're welcome.

[JohnR! 5,495]

THANK YOU. My nervous system has finally settled down! Feels like I can go back to enjoying our renewed connection instead of fretting about it. Deep gratitude to your support.

Au contraire my dear... You have lots to worry about.. such as the size of the rock he should have/will place in your finger... LOL...

[ValerieA 350]

Congratulations! I just wanted to add one thing that probably will never be an issue - but, if you ever decide to live in another country together and give up your green card, you won't be able to use VWP again because of the overstay. If that happens, best to make sure you get dual citizenship before leaving the country so you have no issues re-entering.

[mustidseed 0]

thank you.... good to know.... its a bit of a one way street this one isn't it :-)

[Hypnos 6,576]

Another repercussion of adjusting from VWP is that you have no right of appeal should your AoS application be denied.

[mustidseed 0]

Gosh... the one way street narrows....

Thanks for that though.... good to know.... I sure wouldn't want to be one of those people trying to jump around the system.... its stressful enough when you're legit?!