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Honugirl

I^m so lost, we want to get married but..

By Honugirl in Adjustment of Status Case Filing and Progress Reports

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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People have been adjusting from the VWP since the VWP started.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Soul Froosh
Soul Froosh

There is an element of injustice in the grand scheme of things, but AOS makes perfect sense to me. When you marry or commit to a person, that means you want to be with that person. Isn't that the poi

duitta2g15
duitta2g15

Overstaying is not illegal. Entering the US without inspection is illegal because you will not be allowed to adjust status in the USA. Since she is in a genuine relationship, she can get married and a

duitta2g15
duitta2g15

I say it again!!! If you are an immediate family of US citizen and overstay your I-94, you are allowed by law to adjust status while you remain in the USA. This law of being illegal doesn't really app

belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
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Posted

Adjusting status from the VWP shouldn't be a problem. It is her lack of status while she delays getting married AND filing for AOS. Until she has the NOA-1 in her hand she is subject to detention and deportation at any time. This is why there is an emphasis on taking care of this matter ASAP. And again do not leave the US until you have the green card. Even if you apply for and receive Advance Parole there is no guarantee you will be permitted to re-enter the US using it.

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MacUK Proficient

MacUK   983

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Filed: Other Country: United Kingdom
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Wasn't there someone posting recently that their husband had been detained for being out of status after a random check on a bus?

So personally I'd get your status sorted out before you think about doing anything like moving.

Whilst I personally don't agree with the AOS system it's a valid route for the OP to take.

But I hope she realises that the longer she waits to get it sorted the more risk she takes. If she has any contact with the authorities then there's a chance she may be detained and deported so it'd be a good idea to get legal as quick as possible.

Just as an aside, countries qualify for VWP under some strict criteria, one of which being having a low number of visa overstays and violations.

Is it possible for a country to lose its VWP status if the number of overstays goes over that magic line? And has it ever happened?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Argentina

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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MacUK Proficient

MacUK   983

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Filed: Other Country: United Kingdom
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I never knew that, thank you

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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timo900 Contributor

timo900   0

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Filed: Other Timeline
Posted

When you apply for AOS and get your NOA1 it basically starts your WWP period over again, also you can call to their office and explain your story, they can extend your WWP. Well I am not sure about if it is already overstayed but you can try.

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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When you apply for AOS and get your NOA1 it basically starts your WWP period over again, also you can call to their office and explain your story, they can extend your WWP. Well I am not sure about if it is already overstayed but you can try.

Unfortunately all wrong.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Honugirl Rookie

Honugirl   2

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Filed: Other Country: Hungary
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Thank you everyone for the replies! We going to get married here. Just doesn't worth the risk. Is there somebody who had the same situation as me, and can tell me what application we have to fill out? Is it the I485 and I 130? Can we send it together or separate? Thank you for your help!

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tangrien Apprentice

tangrien   7

Posted
Filed: AOS (pnd) Country: Turkey
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Posted

Thank you everyone for the replies! We going to get married here. Just doesn't worth the risk. Is there somebody who had the same situation as me, and can tell me what application we have to fill out? Is it the I485 and I 130? Can we send it together or separate? Thank you for your help!

Definitely file concurrently (at the same time, in the same package). The guide just mentioned should help step you through it. Before you jump in filling out forms, go through the checklist and see what documents you need to send for. Some people don't have a birth certificate handy, for example...

Good luck!

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Honugirl Rookie

Honugirl   2

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Filed: Other Country: Hungary
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ok! THANK YOU SOO MUCH!:)

Definitely file concurrently (at the same time, in the same package). The guide just mentioned should help step you through it. Before you jump in filling out forms, go through the checklist and see what documents you need to send for. Some people don't have a birth certificate handy, for example...

Good luck!

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Soul Froosh Contributor

Soul Froosh   31

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Filed: AOS (pnd) Country: United Kingdom
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Whilst I personally don't agree with the AOS system it's a valid route for the OP to take.

There is an element of injustice in the grand scheme of things, but AOS makes perfect sense to me.

When you marry or commit to a person, that means you want to be with that person. Isn't that the point of being in a relationship?

You're together - that should be allowed (and it is in most cases)

I don't understand what it means to be on the other side of the world and to say to the USCIS "Let me in your country so I can be with my spouse or fiance"

That doesn't make any sense to me.

Why aren't you already with your spouse? Because something in the small print said "go home after 90 days"?

Or because somebody in a forum told you it was too risky to stay and marry?

If you fall in love and decide to marry and want to stay with that person -- that is actually allowed.That is how relationships are supposed to work. Thankfully the US immigration system still caters for this wonderful phenomena that humans call..."being with your loved one"

But yea, get married, OP, and file everything that needs to be filed.

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Honugirl Rookie

Honugirl   2

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Filed: Other Country: Hungary
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Posted

Hello everyone!

Just want it to let you know that we took a leap of faith and I traveled with my passport with an expired visa on domestic flight to Hawaii. We arrived safe nobody checked my visa just my name in the passport. We are planning the wedding now so everything looks good:) Thank you everyone for the support! :)

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