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Tjd2006

AOS on Visa Waiver Program

By Tjd2006 in Adjustment of Status from Work, Student, & Tourist Visas

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Tjd2006 Rookie

Tjd2006   6

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Filed: AOS (pnd) Country: Portugal
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Hi Everyone, 

My fiancé and I decided to get married at the last minute. We have yet to even get married yet and I'm in a complete panic. He is here from Portugal on the visa waiver program. His waiver expires on August 2nd, 2017. We basically have nothing that we need to file the I485 because we had absolutely no intention of getting married. I have about 10 business days and there is no way we are going to be able to obtain his vaccine records and birth certificate in that time. Do we have any options?

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Coco8
Coco8

Because coming with the intention of marriage is fraud. Deciding to marry once you are in the US is not fraud.

Jordan8768
Jordan8768

It sounds like they want to get married. It sounds like they're stressed about the process of adjusting status in limited time, which is normal. Don't make unfair assumptions about other people! 

Hypnos
Hypnos

The bar still exists once you hit the 180 or 365 days, it just isn't enforced for permanent residents.    If at any point a person with the bar ceases to be an LPR (and didn't become a US ci

troika Enthusiast

troika   307

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Filed: K-1 Visa Country: United Kingdom
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i guess it's not really what you want to do, but if you get married and he goes back to Portugal before the 2nd of Aug, get all the documents and file for CR1. I wouldn't risk overstaying on the WVP.

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Tjd2006 Rookie

Tjd2006   6

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Filed: AOS (pnd) Country: Portugal
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Hmm. Well his birth certificate is in the mail. Looks like the medical exam isn't required until the interview. So as long as his birth certificate gets here in time I see no issue filing for AOS...

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Any overstay will not prevent his AoS from being approved, but it will mean that he's permanently ineligible to use the VWP ever again. 

 

If you change your mind again at some point in the future, he would always now need to have a visa to visit you. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Unshakable Faith Proficient

Unshakable Faith   493

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Filed: AOS (pnd) Country: Nigeria
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Go ahead and start getting the documentation together.   I would say get married and file AOS as soon as possible, preferably before he is out of status.  He will be out of status once his 90 days runs out and until you file AOS but any overstay will be forgiven when marrying a USC as long as he entered legally (which you said he did because he came on VWP with no intention to AOS).

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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Tjd2006 Rookie

Tjd2006   6

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Filed: AOS (pnd) Country: Portugal
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Thanks guys. One other question how does the government decide if you overstayed? Say if we get married and post mark the documents by August 1st do they use the postmark date?

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Coco8 Experienced

Coco8   1,042

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4 minutes ago, Tjd2006 said:

Thanks guys. One other question how does the government decide if you overstayed? Say if we get married and post mark the documents by August 1st do they use the postmark date?

Overstay is forgiven anyway as long as he does not leave the country before the AOS is complete (or gets AP). The reason why people say you should do your best to send the application before that date is to (1) avoid any problems if he encounters ICE or (2) if you change your mind about AOS and he has to go back to Portugal. 

 

Since you are filing for AOS, remember to send the form for his EAD and for AP (i-131) at the same time. It is free and it is best to send everything at the same time. 

 

The birth certificate can be a photocopy so they can scan and email it to you, in case the mail takes forever.

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troika Enthusiast

troika   307

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Filed: K-1 Visa Country: United Kingdom
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This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

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Coco8 Experienced

Coco8   1,042

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1 minute ago, troika said:

This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

Because coming with the intention of marriage is fraud. Deciding to marry once you are in the US is not fraud.

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troika Enthusiast

troika   307

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Filed: K-1 Visa Country: United Kingdom
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1 minute ago, Coco8 said:

Because coming with the intention of marriage is fraud. Deciding to marry once you are in the US is not fraud.

ah, gotcha .... 

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edsperfect Community Regular

edsperfect   25

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Filed: Citizen (apr) Country: Russia
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Posted

It does not sound to me like either of you want to get married at all.

filed 129 with vermont 4/19/06

first notice 5/3/06?

IMRA RFE 6/19/06

snail mail RFE 6/22/06

returned 6/22/06

email they recieved 6/26/06

second RFE email 7/11/06

recieved 7/22

returned 7/24

touched 7/25

APProved 10/02/06

NVC sent to Moscow 10/17/06

package from Embassy 11/17/06

interview 01/11/07

approved visa 01/11/07

arrived 02/7/07

married 04/13/07

filed AOS 05/13/07

biometrics 06/06/07

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Tjd2006 Rookie

Tjd2006   6

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Filed: AOS (pnd) Country: Portugal
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14 minutes ago, edsperfect said:

It does not sound to me like either of you want to get married at all.

I'm not sure where your judgement comes from. No we had no intention of getting married as this was the first time we had met? I'm not crazy and didn't decide to marry someone I had never met in person nor did I even think about it until I got to know him better? 

 

I am am extremely thankful to the members of this forum who provides me helpful advice. 

 

I could however go without your misplaced and unfounded judgement. 

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Jordan8768 Collaborator

Jordan8768   107

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Filed: AOS (apr) Country: United Kingdom
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17 minutes ago, edsperfect said:

It does not sound to me like either of you want to get married at all.

It sounds like they want to get married. It sounds like they're stressed about the process of adjusting status in limited time, which is normal. Don't make unfair assumptions about other people! 

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Tjd2006 Rookie

Tjd2006   6

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Filed: AOS (pnd) Country: Portugal
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3 minutes ago, Jordan8768 said:

It sounds like they want to get married. It sounds like they're stressed about the process of adjusting status in limited time, which is normal. Don't make unfair assumptions about other people! 

Jordan, that is exactly the case. Thank you very much. 

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