Desperate help please!! VWP to AOS

[roger2424 0]

HI guys id really appriciate some help, (first of all sorry for bad spelling but im dyslexic which is also why i am so confused) i know this is porably asked a million times a day but for anyone else whos dyslexic im sure you can appriacte that sometimes you just need things laid out clearly or in a diffrent more direct way. My self and my other half really really appricate any advice and help in advance .

 

 

So i know there probably a whole range of info buried on this site, all of which ive despiretly tired searching for and in other places of the internet to find the answer but to no luck. So i came over on the 1st of june. After talking to my other half for about a year now and previously meeting up for a long weekend weve decided that we want to take it further. So i came over on the 1st jun for around a month and a bit till the 9th july, the other day we decided that we both want to take it further and get married so that we can be together and have a life toghter. This really wasn't planned and was spontaneous, i entered into the usa on the VWP and now both of us have decided that we would prefer it if i can just stay. 

so.... onto the question

in order to remain in the country legaly i need to/or

 

-have proof of a valid relationship

(we have photos from this trip and recites and plane tickets and the tickets from the long weekend as well as recipts for gifts that i sent her on her birthday)

-proof that there was no intent to marry or use the vwp to get into the country

(had plans to retutn to where i work on a farm for the turn around at the end of the sessoin, bank accounts, jsut bought a new truck+£600 worth of parts sitting in boxes)

-Fill in the AOS packet which includes the various forms 

 

So my other question is. that if i was to marry before the 90 days were up and stay in the country past it would i still be legal? if so how does the processes work can i send of to get an I-765 before i send of the I-130 as the issue is that with the cost of over $1000 dollars is alot and we were thinking that if we had more time lets say a year we would be able to build our case that it is legitimate as we would be intending to move in together as soon as possible.

 

 

in summary 

A) do i have to send of the AOS package with in a certian time?

B) if we get married and stay in country can i apply send of an I-765 before we send of the proof that it is a legitimate relationship (which it is) so that we can build out case?

C)worst case, if we were to apply for the whole AOS package in one hit straight away and due to the limited amount of proof that it is (only proof is texts, recipts from birthday gifts, plane tickets and photos from recent trip over the last couple of weeks) what would happen. I understand that i wouldnt be able to use the VWP again but is there anything else

 

 

Alot of this may seem pretty basic but being dyslexic and overloaded with information its lead to nothing but confusion. (sorry for bad grammer or spelling in advance)  

many thanks and thank you for spending the time to read this and i look forwards to hearing from anyone at all especily someone whos been in the same sitiation

[aleful 1,905]

hi

 

nope, you can't do that, the i765 goes in the adjustment of status packet, no sending it by itself

 

overstay is forgiven, so you get married and later file for adjustment of status, as soon as you get married, start getting things in both your names, open a joint bank account, if she has health insurance she can add you or car insurance, lots of pictures

 

 

[BritGirl88 43]

On 6/17/2017 at 4:22 AM, roger2424 said:

-proof that there was no intent to marry or use the vwp to get into the country

(had plans to retutn to where i work on a farm for the turn around at the end of the sessoin, bank accounts, jsut bought a new truck+£600 worth of parts sitting in boxes)

You don't need proof of this. Your intent is determined at the Point of Entry. So, when you entered the USA, they determined that you did not have intent to stay and that's why you were allowed in. This won't come up again and you won't need to prove it.

 

On 6/17/2017 at 4:22 AM, roger2424 said:

 

So my other question is. that if i was to marry before the 90 days were up and stay in the country past it would i still be legal?

If you allow your 90 days to be up before filing then no, you would no longer be legal. However, the moment you file your AOS and it is received by USCIS for processing, you will legally be allowed to stay in the country again and your overstay would be overlooked and not be an issue.

 

On 6/17/2017 at 4:22 AM, roger2424 said:

if we get married and stay in country can i apply send of an I-765 before we send of the proof that it is a legitimate relationship (which it is) so that we can build out case?

The proof of relationship is for the AOS interview. You don't need to provide proof with you initial documentation that you send in. Only proof of marriage you need at that point is your marriage certificate.

 

On 6/17/2017 at 4:22 AM, roger2424 said:

)worst case, if we were to apply for the whole AOS package in one hit straight away and due to the limited amount of proof that it is (only proof is texts, recipts from birthday gifts, plane tickets and photos from recent trip over the last couple of weeks) what would happen. I understand that i wouldnt be able to use the VWP again but is there anything else

Again, you don't need to prove the legitimacy of your relationship when you send in the AOS package. The legitimacy of your relationship is proven to the Officer at your interview. It takes about 6 months or longer to get an interview and by that time you would have had time to gather more proof of your marriage. They don't really care as much about your dating history, more so about the legitimacy of your marriage. 

 

If for what ever reason you were denied and had to return to your country then yes, you would not be able to use VWP again but from the information you've provided and if your marriage is real then you shouldn't have any problems. Now that you're married, gather as much evidence as you can. Joint bank account statements, joint lease agreements, photos together and with friends and family, proof of trips you've taken together, car insurance documents with both your names on it, things like that. You should be fine.

Edited June 20, 2017 by BritGirl88