NEED CLARIFICATION ASAP!!!!

[duitta2g15 26]

I came here on a B1/B2 visa with no intention to stay. At the port of entry, the Custom and border officer stated on my I-94, "NO I-539 or extension. After entering, I changed my mind and decide to stay. I am happily married to my loving wife and we filed my AOS. I still have copy of my itinerary which I was to use to return back home but didn't use it because I change my mind to stay. Can this affect my AOS? I got NOA that my application has been accepted and I will receive a hard copy of my receipt in 7-10 days. Also, they said my application has been routed to NBC for processing. I am just worried because I can't see myself leaving my family right now. Any advice will be appreciated

[canadian_wife 1,829]

What made them give you that notation?

Good luck

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~adjusting from tourist visa~

~duplicate thread removed~

[duitta2g15 26]

I told the Custom and Border Officer that I was entering for a week that's when he wrote on my I-94 stay limited and no extension or I-539. He Also saw my round trip ticket.

[duitta2g15 26]

Any response out there??? I am very interested in knowing your thought.

[Ben10 2]

In my opinion no I-539 means no change of status to another non-immigrant classification (for example F1, F2, B2, including the extensions). I doesn't mean no-AOS. You are doing AOS (you are adjusting your status to an immigrant status, that is LPR). In my own opinion, I believe you would be fine. No need to worry.

BTW, Have you received your Notice of Action (Letter you receive from USCIS after sending your AOS package) ? If yes, you should be fine. Juste get ready for the interview to prove that when you came on B1/B2 it was with no intention to stay.

That's how I personally analyze it, but if I am wrong someone else may CORRECT me please.

Edited March 25, 2014 by Ben10

[duitta2g15 26]

I sent my AOS package and got NOA1 via text and email stating that my application has been accepted. They told me in the message that I will get my official copy between 7-10 days and my application was forwarded to NBC for processing. Thanks for the reply. I feel at ease right now

[hmh33 117]

When CBP make that sort of notation in your passport it generally carries no legal force and USCIS doesn't care.

[duitta2g15 26]

Thanks guys, I highly appreciated the replies

[Tom_Jim 40]

Did you know your wife before coming here?

[Caryh 5,206]

You may have an issue with USCIS believing your intent was to stay on arrival. You had an itinerary and an I-94 for one week, and in that one week you got married and decided to stay? Doubts are likely to be running rather high there, and its possible they're not going to give you an easy time getting your green card.

[duitta2g15 26]

As regarding getting married, I didn't just get married upon Arrival. It took me A year before i might my wife and we got married. I didn't even know her before coming to the USA. As I said earlier, I had no intention of staying but things changed upon arriving here.

[Harpa Timsah 13,258]

How fortunate for you.

[duitta2g15 26]

What do you mean how fortunate for me?

[Caryh 5,206]

As regarding getting married, I didn't just get married upon Arrival. It took me A year before i might my wife and we got married. I didn't even know her before coming to the USA. As I said earlier, I had no intention of staying but things changed upon arriving here.

So you came on a visitors visa and didn't leave when the I-94 expired, becoming one of the many who overstay. Much later (over 365 days) you met your wife, got married and are now working to get legal status. Makes more sense now. As long as you had no previous unauthorized entries, its not too hard to adjust from there. I believe you need a waiver for the overstay. I'm not up on the exact process you'll need to go through.

Pertinent information is entry visa type (you legally entered the country), length of overstay (only relative to the ban period you'd face if you can't adjust status), and the marriage to a USC. Doesn't really matter what went on during entry, as long as they was no lying to the officials there.