Filing for AoS - questions regarding potential overstay

[Sturafs 0]

Hi all.

I appreciate most topics have been covered here many times over, but after doing some searching I'm still not certain on my situation.

Basically, I'm cutting a seriously fine line with overstaying, and the answers I get will tell me whether I'm better off leaving next week and filing for a K3 from the UK, or pressing on with the AoS from VWP status (I know, not ideal, but needs must).

Obviously if it's not feasible / legal to stay, or if staying will seriously jeopardize my chances further down the line I'll be leaving, but it'll be a nightmare scenario for us for all kinds of reasons I won't bore you with.

So;

Long story short I arrived in December 13th on a VWP, got engaged at Christmas, married on feb 20th, and I'm authorized to stay until March 12th with a flight back to the UK booked for March 10th (yes, 2014).

We've been in a relationship for 3-4 years, she's a US Citizen, I'm a UK Citizen and I didn't arrive on a VWP with the intent to marry but have heaps of evidence to support our relationship being genuine etc.

We've got the I-130 and I485 packs ready to go, just waiting on 1 piece of paper and they'll be ready to post, hopefully tomorrow (March 5th). That's less than a week between us posting it, and me running out of visa time.

The questions / problems I have are:

(1) Is this too small a window of time for me to be able to stay, or will it be seen as forgivable?

(2) My UK passport expires in May. Getting it renewed isn't a problem, but obviously the passport I'll have photocopied and sent them will be expired. Is this as big a 'no-no' as I suspect it may be?

(3) Thanks to Clark County taking an age to get our marriage cert out, it might have to be 'forgotten' when the I485 and I130 are filed. I called the USCIS to confirm so I'm really just seeking some reassurance - but I was told they'll just send out a request for further documents / evidence later down the line and we'll be able to submit it there.

I suspect the overall answer will be leaving and going the 'proper' K3 route, but I'm hoping it won't be too big an overstay that it'd count against me.

Thanks for reading, really appreciate any words of wisdom from folks in the know.

[aussie_jason 195]

Sorry if this seems curt but I had a lengthy reply typed out, changed tabs in MobileSafari to check some facts and it cleared what I had written, anyway...

1. Overstays are forgiven when AOS through marriage to a USC

2. An expired passport won't effect AOS

3. I'd visit the county clerk in person as submitting the AOS without it could lead to your application being sent back as incomplete and not just require a RFE

As long as you lay low between the expiration of your I-94 and getting the I-797 NOA-1 for your I-485 you should be fine, there was an unusual case recently where ICE detained and deported someone in a similar position but I suspect there was more to that story than they were letting on.

[Merrytooth 5,748]

You are not the first nor the last to file AOS from VWP. Overstay is forgiven for US citizen spouse.

So you will be fine here.

I will suggest that you send out your AOS package with your marriage cert.

I don't understand why people like to receive RFE when in the first place they could have prevented it.

By the way, you also have to submit I-693 (medical exam by civil surgeon) with your AOS.

EAD/AP (I-765 & I-131) are free when file with AOS.

[Sturafs 0]

Many thanks for the prompt replies, that's a big relief.

Visiting the county clerk isn't happening - I'm in Ohio & we married in Vegas. I'd rather wait for the Marriage Certificate, but what was meant to take 7-10 days still hasn't materialized in 2 weeks. But - if Overstays are permissible I'll just wait 'til it gets here before sending everything off

Thanks again folks, much appreciated.