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concerns about aos on visa waiver program

By FrankSinatra in Adjustment of Status from Work, Student, & Tourist Visas

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FrankSinatra Explorer

FrankSinatra   14

Posted
Filed: AOS (pnd) Country: Spain
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Guys the border patrol never asked me about my relationship or intentions, just simply what was the purpose of my travel, I said I was visiting my girlfriend, and then after he checked I was here a while ago for 3 months he started to be rude saying he didnt like me and I was abusing my ESTA by travelling and staying too long and I was just trying to stay ilegally and all kind of dumb #######. Never had intentions or plans to get married. We had talked about getting married in the past and considered it an option if nothing else worked out to be together, but it wasnt a plan or whole purpose of the travel. So had no intention and no lies were told in the airport.

 

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Boiler
Boiler

Notes on entry can not be a reason to refuse AoS.

millefleur
millefleur

**Moved from Adjustment of Status (Green Card) from Family Based Visas to Adjustment of Status from Work, Student, & Tourist Visas; OP is adjusting from ESTA**   I would say that because

Lemonslice
Lemonslice

Read on: Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981)) Matter of Battista, 19 I&N Dec. 484 (BIA 1987)

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
16 minutes ago, FrankSinatra said:

Guys the border patrol never asked me about my relationship or intentions, just simply what was the purpose of my travel, I said I was visiting my girlfriend, and then after he checked I was here a while ago for 3 months he started to be rude saying he didnt like me and I was abusing my ESTA by travelling and staying too long and I was just trying to stay ilegally and all kind of dumb #######. Never had intentions or plans to get married. We had talked about getting married in the past and considered it an option if nothing else worked out to be together, but it wasnt a plan or whole purpose of the travel. So had no intention and no lies were told in the airport.

You're fine to AOS.

 

The officer was likely concerned that you were going to do exactly what you're about to do (marry and file for AOS).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, FrankSinatra said:

How long should I wait to get married then? 60-70 days?

As long or short as you want/need. it doesn't matter.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Pennycat Proficient

Pennycat   880

Posted
Filed: AOS (apr) Timeline
Posted
53 minutes ago, FrankSinatra said:

Guys the border patrol never asked me about my relationship or intentions, just simply what was the purpose of my travel, I said I was visiting my girlfriend, and then after he checked I was here a while ago for 3 months he started to be rude saying he didnt like me and I was abusing my ESTA by travelling and staying too long and I was just trying to stay ilegally and all kind of dumb #######. Never had intentions or plans to get married. We had talked about getting married in the past and considered it an option if nothing else worked out to be together, but it wasnt a plan or whole purpose of the travel. So had no intention and no lies were told in the airport.

 

You're fine you can stay and AOS. Even if USCIS is sure that you had intent, they can't use that as the only reason to deny AOS.

 

I was only staying that I personally would not take this route because of what I've recently learned about security clearance adjudication. They can and do take their own opinion about intent into account when it comes to irregular immigration paths. But this is a pretty specialized concern which will probably not effect you and if it does you could talk to them about their concerns. Just pointing out that while getting through the border makes you ok for AOS, it can still create some problems down the road (which are solvable and if not,  it's not the end of the world to be denied a security clearance anyway). 

 

Immigration wise you're fine. 

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Angelica48 Explorer

Angelica48   121

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted
1 hour ago, FrankSinatra said:

How long should I wait to get married then? 60-70 days?

Read the link about the 30/60 day rule.  http://www.nolo.com/legal-encyclopedia/will-3060-day-rule-help-clear-suspicion-about-your-intentions-upon-us-entry.html 

 

I am adjusting from VWP as well. Hubby and I got married 60 days after POE. 

I-130 & I-485 (AOS) Concurrent Filing | Approved in 13 months & 10 days

Spoiler

05/27/2017: I-130, I-485, I-765 & I-131 Package sent to Chicago Lockbox via USPS

05/31/2017: Priority Date for I-130 & I-485; Received Date for all 4 cases

06/30/2017: Biometrics completed

07/13/2017: Ready to be scheduled for an interview

09/19/2017: Submitted online case inquiry for EAD

09/20/2017: Approval Date for EAD & AP (117 days from filing date)

09/25/2017: Received hard copy I-797 Notices of Action (EAD & AP)

09/27/2017: Received Combo Card (EAD & AP)

12/27/2017: Submitted online case inquiry/SR for I-485/I-130 

05/17/2018: Received email response re: SR  

05/29/2018: Notice Date for AOS Interview scheduled

07/06/2018: AOS Interview & Approval Date (406 days from filing date) 

07/13/2018: Conditional Green Card in hand (CR6)

 

I-751 Removal of Conditions (ROC) Filing | Approved in 12 months & 9 days

Spoiler

03/18/2020: USCIS sent Reminder to File Form I-751 notice (sent to old address)

03/31/2020: USPS processed Return to Sender mail to NBC (Reminder to File Form I-751 notice)

04/02/2020: NBC received  Return to Sender mail (Reminder to File Form I-751 notice)

04/06/2020: Received Reminder to File Form I-751 notice in the mail to our current address

04/07/2020: ROC window opens

04/11/2020: I-751 Package sent to Phoenix Lockbox via USPS

04/13/2020: Package delivered to Phoenix Lockbox; Received Date for I-751

04/15/2020: Credit Card charged

04/16/2020: Case was received, assigned to WAC; Notice Date for I-751

04/17/2020: SMS notification that case was received

04/20/2020: Received hard copy I-797 NOA

09/30/2020: Old fingerprints were applied to ROC application

12/30/2020: SMS/e-mail received that case was transferred and new office has jurisdiction

01/04/2021: Received Transfer Notice to NBC 

04/19/2021: New card is being produced; Approval Notice date (374 days from filing date) 

04/20/2021: Case was approved notification received

04/21/2021: Card has been mailed to me notification

04/22/2021: I-751 Approval Notice received

04/24/2021: Permanent Green Card in hand (IR6)

 

N-400 Naturalization Filing | TBD

Spoiler

04/07/2021: N-400 Window opens (based on 3 year residency rule)

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
15 minutes ago, Angelica48 said:

Read the link about the 30/60 day rule.  http://www.nolo.com/legal-encyclopedia/will-3060-day-rule-help-clear-suspicion-about-your-intentions-upon-us-entry.html 

 

I am adjusting from VWP as well. Hubby and I got married 60 days after POE. 

The court cases referenced previously make it clear that intent is established at POE. http://www.peerallylaw.com/en/content/view/562

Edit: Removed and replaced link to an outdated resource.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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FrankSinatra Explorer

FrankSinatra   14

Posted
Filed: AOS (pnd) Country: Spain
 Timeline
  • Author
Posted

We are going to wait a couple of weeks just in case. I have got my birth certificate and the birth certificate translated sent and will be reciving it soon. I'm now reading the guides all over to make no mistake when it comes to send the package.

 

Are there any tips you guys want to share, things I should keep in mind or something? 

 

Thank you so much to every single one of you who took some time to read my thread and comment, I appreciate it a lot.

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Angelica48 Explorer

Angelica48   121

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted
4 hours ago, FrankSinatra said:

Are there any tips you guys want to share, things I should keep in mind or something? 

Best of luck to you @FrankSinatra.  :thumbs:

 

USCIS Form Filing Tips Please go through the details in the attached link.  It helped me a lot from my experience. ;)

I-130 & I-485 (AOS) Concurrent Filing | Approved in 13 months & 10 days

Spoiler

05/27/2017: I-130, I-485, I-765 & I-131 Package sent to Chicago Lockbox via USPS

05/31/2017: Priority Date for I-130 & I-485; Received Date for all 4 cases

06/30/2017: Biometrics completed

07/13/2017: Ready to be scheduled for an interview

09/19/2017: Submitted online case inquiry for EAD

09/20/2017: Approval Date for EAD & AP (117 days from filing date)

09/25/2017: Received hard copy I-797 Notices of Action (EAD & AP)

09/27/2017: Received Combo Card (EAD & AP)

12/27/2017: Submitted online case inquiry/SR for I-485/I-130 

05/17/2018: Received email response re: SR  

05/29/2018: Notice Date for AOS Interview scheduled

07/06/2018: AOS Interview & Approval Date (406 days from filing date) 

07/13/2018: Conditional Green Card in hand (CR6)

 

I-751 Removal of Conditions (ROC) Filing | Approved in 12 months & 9 days

Spoiler

03/18/2020: USCIS sent Reminder to File Form I-751 notice (sent to old address)

03/31/2020: USPS processed Return to Sender mail to NBC (Reminder to File Form I-751 notice)

04/02/2020: NBC received  Return to Sender mail (Reminder to File Form I-751 notice)

04/06/2020: Received Reminder to File Form I-751 notice in the mail to our current address

04/07/2020: ROC window opens

04/11/2020: I-751 Package sent to Phoenix Lockbox via USPS

04/13/2020: Package delivered to Phoenix Lockbox; Received Date for I-751

04/15/2020: Credit Card charged

04/16/2020: Case was received, assigned to WAC; Notice Date for I-751

04/17/2020: SMS notification that case was received

04/20/2020: Received hard copy I-797 NOA

09/30/2020: Old fingerprints were applied to ROC application

12/30/2020: SMS/e-mail received that case was transferred and new office has jurisdiction

01/04/2021: Received Transfer Notice to NBC 

04/19/2021: New card is being produced; Approval Notice date (374 days from filing date) 

04/20/2021: Case was approved notification received

04/21/2021: Card has been mailed to me notification

04/22/2021: I-751 Approval Notice received

04/24/2021: Permanent Green Card in hand (IR6)

 

N-400 Naturalization Filing | TBD

Spoiler

04/07/2021: N-400 Window opens (based on 3 year residency rule)

 

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FrankSinatra Explorer

FrankSinatra   14

Posted
Filed: AOS (pnd) Country: Spain
 Timeline
  • Author
Posted
16 hours ago, Angelica48 said:

Best of luck to you @FrankSinatra.  :thumbs:

 

USCIS Form Filing Tips Please go through the details in the attached link.  It helped me a lot from my experience. ;)

Thank you so much! I will go through it right now! :D 

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