Immigration Status

[chelsea.and.john 0]

Hey...another one of my crazy questions lol.....filling out I-765.....my husband entered as a visitor on the visa waiver program.....when it asks for his current USCIS status do I still list visitor even though he's past the the day he was required to leave (yes i know the overstay will be forgiven)? Or do I list something to the affect of "AOS Pending" or "None" ? Thanks for any help!

~Chelsea

[Kez/JWolf 6]

I put VWP/Adjustment aplicant

Hope this helps

Kez

[chelsea.and.john 0]

I put VWP/Adjustment aplicant

Hope this helps

Kez

Thanks! I actually just found another topic that you had replied to giving that answer for the I-485 as well!

[loonphang 0]

The purpose of their stay in the United States is 90 days or less for tourism or business (if in doubt, travelers should check with the nearest Embassy or Consulate to verify that what they plan to do is considered tourism or business. Transit through the United States is generally permitted. Note that foreign media representatives planning to engage in that vocation in the United States are not eligible, as the purpose of their stay does not qualify as “business”.

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

Wants to work or study in the United States, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

Above are some information from the state website :

http://travel.state.gov/visa/temp/without/without_1990.html#travelertype

since your husband enter the states without a proper visa, i think you should seek help from an immigration attorney to make sure everything goes well.

[Dr_LHA 3]

loonphang, do shut up.

Read their timeline in the sig, its clear the marriage was not planned before he arrived on the VWP. There has been no violation and the OP is clear to file for AOS. They even talked to USCIS about it who gave them the all clear!

Edited February 26, 2007 by dr_lha

[Nancy2015 2]

since your husband enter the states without a proper visa, i think you should seek help from an immigration attorney to make sure everything goes well.

Why is that? If he entered without an intent to stay, he doesn't need an attorney.

[Kez/JWolf 6]

loonphang

You have quoted the State Department tavel guide.... in what way is that relevent to USCIS?? maybe a quick read of the USCIS website would help to sort things out in your mind...

Please ensure your facts are right BEFORE you go giving advice about something you dont know about...

Mis-information is not a very helpful thing to people looking for help...

Kez

[chelsea.and.john 0]

Thanks guys lol.