AOS, Is it possible and if so what do we do ?

[martin bk 19]

If this is in the wrong place, mods feel free to move. And sorry. 

 

So I married my husband in October, (he's a United States Citizen)  I came over on an ESTA (I'm from the UK) for three weeks and my then bf asked me to marry him - unplanned and I wasn't expecting it. 

I know we could have done AOS then but because it happened so quick I wasn't able to stay the possible three months while we waited for AP and everything else, so I returned home and we started the CR1 process. 

Fast forward  9 months and I'm here on holiday, I had planned on staying 10 days but my husband convinced me to stay longer which I am doing, with a new return ticket booked for September (staying 85 days out of the possible 90 as I didn't want to risk an overstay) 

Our case is still with the USCIS and we should get our NOA2 sometime in August, my question is this is it possible to stay and do AOS since I'm here in the USA and if so what do we do ? 

I've seen other people adjust but since we planned on the CR1 route I have no idea what forms and what costs are involved I am also happy to return and complete the visa in the manner that we started, but both myself and my husband would rather stay together and finish this journey if possible. 

Thank you for any help - advice you give us. 

 

[Roel 7,192]

Well, you could but that would mean the money you put into CR1 visa will be wasted. Plus you're almost there, it usually takes 10 - 12 months to finish the process.

[Georgia16 2,858]

17 minutes ago, martin bk said:

If this is in the wrong place, mods feel free to move. And sorry. 

 

So I married my husband in October, (he's a United States Citizen)  I came over on an ESTA (I'm from the UK) for three weeks and my then bf asked me to marry him - unplanned and I wasn't expecting it. 

I know we could have done AOS then but because it happened so quick I wasn't able to stay the possible three months while we waited for AP and everything else, so I returned home and we started the CR1 process. 

Fast forward  9 months and I'm here on holiday, I had planned on staying 10 days but my husband convinced me to stay longer which I am doing, with a new return ticket booked for September (staying 85 days out of the possible 90 as I didn't want to risk an overstay) 

Our case is still with the USCIS and we should get our NOA2 sometime in August, my question is this is it possible to stay and do AOS since I'm here in the USA and if so what do we do ? 

I've seen other people adjust but since we planned on the CR1 route I have no idea what forms and what costs are involved I am also happy to return and complete the visa in the manner that we started, but both myself and my husband would rather stay together and finish this journey if possible. 

Thank you for any help - advice you give us. 

 

Yes you can do that. It will cost you quite a lot and you will also have to apply for and wait for the EAD/AP card which will takes around 3-4 months to get from when you file.

 

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

[Cyberfx1024 7,980]

14 minutes ago, martin bk said:

If this is in the wrong place, mods feel free to move. And sorry. 

 

So I married my husband in October, (he's a United States Citizen)  I came over on an ESTA (I'm from the UK) for three weeks and my then bf asked me to marry him - unplanned and I wasn't expecting it. 

I know we could have done AOS then but because it happened so quick I wasn't able to stay the possible three months while we waited for AP and everything else, so I returned home and we started the CR1 process. 

Fast forward  9 months and I'm here on holiday, I had planned on staying 10 days but my husband convinced me to stay longer which I am doing, with a new return ticket booked for September (staying 85 days out of the possible 90 as I didn't want to risk an overstay) 

Our case is still with the USCIS and we should get our NOA2 sometime in August, my question is this is it possible to stay and do AOS since I'm here in the USA and if so what do we do ? 

I've seen other people adjust but since we planned on the CR1 route I have no idea what forms and what costs are involved I am also happy to return and complete the visa in the manner that we started, but both myself and my husband would rather stay together and finish this journey if possible. 

Thank you for any help - advice you give us. 

 

Since you already went back AFTER you got married and came back again then you have to do the CR-1 and not the AOS. Because if you try to do the AOS now it is considered fraud since you two were already married. 

 

But good on you to ask before you actually overstay your visit and to have already filed for the CR-1.

[Georgia16 2,858]

3 minutes ago, cyberfx1024 said:

Since you already went back AFTER you got married and came back again then you have to do the CR-1 and not the AOS. Because if you try to do the AOS now it is considered fraud since you two were already married. 

 

But good on you to ask before you actually overstay your visit and to have already filed for the CR-1.

Not true. They can still AOS as husband and wife no requirement that they got married here and AOS right away. 

It's intent when she got here and she says she intended to go home but changed her mind.

[Ontarkie 14,218]

Just now, cyberfx1024 said:

Since you already went back AFTER you got married and came back again then you have to do the CR-1 and not the AOS. Because if you try to do the AOS now it is considered fraud since you two were already married. 

 

But good on you to ask before you actually overstay your visit and to have already filed for the CR-1.

This is incorrect.  She can stay and AOS now. 

[Cyberfx1024 7,980]

1 minute ago, Georgia16 said:

Not true. They can still AOS as husband and wife no requirement that they got married here and AOS right away. 

It's intent when she got here and she says she intended to go home but changed her mind.

 

Just now, Ontarkie said:

This is incorrect.  She can stay and AOS now. 

But if you read her post they got married LAST YEAR and not this year or this trip. So is that not different than getting married and adjusting at that time?

[Ontarkie 14,218]

Just now, cyberfx1024 said:

 

But if you read her post they got married LAST YEAR and not this year or this trip. So is that not different than getting married and adjusting at that time?

It's because she had no intent to do it when she entered. 

[Georgia16 2,858]

4 minutes ago, cyberfx1024 said:

 

But if you read her post they got married LAST YEAR and not this year or this trip. So is that not different than getting married and adjusting at that time?

It doesn't matter have nothing to do with her AOS when she got married it's all about intent.

[martin bk 19]

Thanks for the responses, we are two guys, (I've been called a lot worse than wife so it's fine) not that it makes any difference to the immigration process. 

 

I know the money we spent on the CR1 will be lost, but if we can stay together, how much would you be willing to pay to be with your spouse. 

And I know I can't work while we wait for the EAD, but I can't work in the US until the visa is processed, so the only difference I can see is if we wait in separate countries or wait together, which is what we are now confused about. 

I had no intention of staying, and my savings are going to run out long before this process is finished, we are just wanting to know if it's possible, but with so many people saying different things it's hard to make the right decision. 

I do know that if I can, I would rather start AOS and spend the time together and actually start living our lives together. 

But I'm also prepared to go back and wait for the CR1 to complete. 

Just so confused about the whole thing. 

 

[Coco8 1,042]

Ok. The only issue I see if the following:

 

AOS - EAD will take 4 months because it is taking longer so you won't be able to work for a while. You green card will take a year or more to arrive.

 

IR-1/CR-1 - You will get green card almost immediately and won't have to worry about EAD, etc. 

 

It is a matter of figuring out how much longer do you have to wait for your IR-1/CR-1. You might be 4 months away already.

[Wuozopo 4,293]

Things to consider

 

Do you have a job in the U.K.? Go home and save up some money?

 

If something should go awry with your AOS application, there is no appeal. You signed off on any appeal by using VWP. You would have to go back.

[BritGirl88 43]

8 hours ago, Coco8 said:

You green card will take a year or more to arrive.

Not necessarily the case. My green card arrived 5 months after filing (I also arrived on VWP). Everyone's case is different.

[martin bk 19]

9 hours ago, Wuozopo said:

Things to consider

 

Do you have a job in the U.K.? Go home and save up some money?

 

If something should go awry with your AOS application, there is no appeal. You signed off on any appeal by using VWP. You would have to go back.

I work in a family business, so

my job is secure and waiting for me if I return, as for savings money, yes my savings will run out but I am able to access more if needed, I'm hoping not too as the pound to dollar isn't as strong at the minute. 

As for things going awry, I have no guarantee my CR1 visa will be processed with out any issues - I don't have a criminal record, never been involved with drugs so whilst it looks good I'd rather not count my chickens before I have the visa in hand. 

If I do decide to stay and AOS what is the procedure, do I need to file before my NOA2 or wait, and I know we will have extra costs involved but weighed against travelling to London (twice, for the medical and the interview) as well as paying for the medical and then flights back to the USA, the overall costs will be the same. 

My main question is, is it possible but with people saying yes and no it's hard to decide. 

I don't want to be paying for a lawyer if it's a simple case of just sending another form. 

And will the overstay be forgiven if the AOS is being processed. 

Sorry,  like I said I'm prepared for the CR1 but have no idea on this procedure. 

[Wuozopo 4,293]

3 hours ago, martin bk said:

As for things going awry, I have no guarantee my CR1 visa will be processed with out any issues - I don't have a criminal record, never been involved with drugs so whilst it looks good I'd rather not count my chickens before I have the visa in hand. 

If the visa goes badly, you have an appeal. If you skip the visa and do AOS, you have no appeal. But it sounds like either way will go well based on what you have said. Be extra careful with your paperwork so it is perfect. Read, read, read all instructions to the forms.

 

3 hours ago, martin bk said:

My main question is, is it possible

Yes, absolutely. I have read many successful interview reports and none of them had to justify their intent. It never came up. But I would still be prepared with an answer to why did you drop the visa.

 

3 hours ago, martin bk said:

And will the overstay be forgiven if the AOS is being processed. 

Yes because you married a US citizen. (As long as it's approved. The overstay waiting on processing is not a bad mark on your chance of case approval)

 

3 hours ago, martin bk said:

If I do decide to stay and AOS what is the procedure, do I need to file before my NOA2 or wait,

I don't know the answer specific to somebody that has already started a visa process.. All I know is people adjusting from AOS file a petition and all the AOS/EAD/AP forms together in one packet. The guide is found here. http://www.visajourney.com/content/i130guide2

 

 

Edited July 18, 2017 by Wuozopo