Wisa Waiver, Marriage, Overstay and AoS

[Joe47 0]

Hi everybody! First post.

So here is my Story. I met my, now wife, online and we have been dating for some time before she visited me in Germany and stayed with me for 4 months. After that I came with her to the US on the 90 day visa waiver and spend Christmas and New Years with her and her family. After that time was over I went back to Germany and returned to the US, again on the Waiver, a couple of months later. Now my depature date was getting close and we did not want to go back to the long distance thing. So we decided to get married. Very short notice. We applied for the license on Friday and got married on Monday. Her parents had a 3 hour notice before we married and we organised the judge and room not much longer before that.

So now we are marreid and I want to do the AoS stuff.

Yesterday would have been my flught back to Germany so I am overstaying right now. But I want to get the AoS going as fast as I can.

I am, of course worried now, about overstaying. I expect the police to bust down the door any second now. I am pretty sure I make myself crazy but I want to hear from the experst.

Should we get the AoS going now? Or should we wait for the certified marriage certificate, which I know we would need?

[Darnell 8,478]

you need that cert , as it doesn't make sense to submit an incomplete casefile set.

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i do suggest you work on the docs this week and weekend, though. don't forget the medical exam.

[KayDeeCee 4,893]

You need the copy of your marriage certificate, so wait for it. You might be able to get it faster if you go the court to get it in person, rather than just waiting for it to be mailed.

You will enter a new period of authorized stay once you file for AOS. ICE won't come pounding on your door looking for you as soon as you start accruing overstay before you file. Just get it filed as soon as you possibly can.

Guide > http://www.visajourney.com/content/i130guide2

[Joe47 0]

Thank you for the friendly answers! When I came back here after my first stay I was trying to get help too. I asked on other forums and people were downright mean and arrogant. So thank you.

[newacct 688]

Your wife is a US citizen, right?

[Joe47 0]

Yes, she is.

[Joe47 0]

I have some more questions. We are still waiting for the offical marriage paperwork. I just wanted to ask how it is in the mean time? If, and I mean it never happened before in two 90 days stays, if I get carded by an police officer, what happens if they run my name or my ID or look in my passport?

[ParisHeart 19]

If I may ask, do you need the medical physical results when you send in papers for AOS? , that part always confuses me. Tried to find where to read up on it, but with no luck finding it.

[Transborderwife 4,666]

Yes

[TakumiKobyashi 5]

If I may ask, do you need the medical physical results when you send in papers for AOS? , that part always confuses me. Tried to find where to read up on it, but with no luck finding it.

No, you no longer have to due to a change in USCIS policy… see my previous post.

[ParisHeart 19]

Oh thank you for your reply on my question, such a BIG help......... will read your previous post.

Have a great afternoon.

[KayDeeCee 4,893]

If I may ask, do you need the medical physical results when you send in papers for AOS? , that part always confuses me. Tried to find where to read up on it, but with no luck finding it.

No, you do not have to.

From the USCIS site for the I-693 > http://www.uscis.gov/i-693

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).

[ParisHeart 19]

Thanks you KayDeeCee , yes I found the info yesterday and even printed the forms.

I think we will do physical and send in with the petitions. Don't need any RFE's for something like the physical, its going to be a very bumpy ride for us anyways . Already praying hard all will end well.

Have a good day KayDeeCee

[KayDeeCee 4,893]

Thanks you KayDeeCee , yes I found the info yesterday and even printed the forms.

I think we will do physical and send in with the petitions. Don't need any RFE's for something like the physical, its going to be a very bumpy ride for us anyways . Already praying hard all will end well.

Have a good day KayDeeCee

Okay. Try and get the medical done right before you are intending to mail your paperwork because the I-693/medical will only be valid for a year. If your case takes longer than that to adjudicate, then you will need to get another medical.

[ParisHeart 19]

KayDeeCee, Yes, I totally agree with you on the timing of completing the medical, that is what we were planning to do. Thank you again for all your help on this.