Us border email- should I panic?

[brunt11 0]

9 minutes ago, missileman said:

I don't think you are high on their priority list, but you are subject to deportation between expiration of your authorized ESTA stay and filing AOS.....Why would it be seen as misrep since you entered the country without the intent to stay and adjust?

Per the new 90 day rule actions such as working and marriage within this period can be seen as misrep

[Hypnos 6,576]

That rule isn't binding on USCIS.

[brunt11 0]

54 minutes ago, Hypnos said:

That rule isn't binding on USCIS.

All on interpretations I guess but more of a grey area after the 90 days 

[azblk 338]

56 minutes ago, brunt11 said:

All on interpretations I guess but more of a grey area after the 90 days 

There is no grey area. This is an urban myth for AOS. It is state department rule and is would only be applicable if you were doing consular processing.  For adjustment of status it has no effect.

[Crazy Cat 41,904]

1 minute ago, azblk said:

There is no grey area. This is an urban myth for AOS. It is state department rule and is would only be applicable if you were doing consular processing.  For adjustment of status it has no effect.

So the "intent is established at POE" ruling is more relevant here?

[Boiler 45,559]

1 minute ago, missileman said:

So the "intent is established at POE" ruling is more relevant here?

Yes

[EandH0904 1,184]

3 hours ago, brunt11 said:

Thanks all for quick responses.

context:

 

i entered on VWP it expires as of March 9th were due to wed on March 10th so cant apply to ajust status until after. 

 

Obviously my concern is the crossover period between AOS being filed and VWP expiring. (Marriage certificate probably take a week or so to become available)

When you originally came here, was your plan to get married on March 10th and adjust your status? If you've been here for such a long time, why didnt you plan your wedding before your VWP expires? 

 

[josue818 20]

The Board of Immigration Appeals has established that in the case of adjustment of status of immediate relatives, the adverse factor of “preconceived intent,” by itself, is outweighed by the equity of the immediate relative relationship itself.  See Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980) and Matter of Ibrahim, 18 I. & N. Dec. 55 (BIA 1981).

[brunt11 0]

2 hours ago, EandH0904 said:

When you originally came here, was your plan to get married on March 10th and adjust your status? If you've been here for such a long time, why didnt you plan your wedding before your VWP expires? 

 

No I was just planning on being here for 8-10 weeks then going back. Things just unfolded she got a good job etc etc 

 

30 minutes ago, josue818 said:

The Board of Immigration Appeals has established that in the case of adjustment of status of immediate relatives, the adverse factor of “preconceived intent,” by itself, is outweighed by the equity of the immediate relative relationship itself.  See Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980) and Matter of Ibrahim, 18 I. & N. Dec. 55 (BIA 1981).

Sounds promising 

[TNJ17 1,329]

7 hours ago, brunt11 said:

Thanks all for quick responses.

context:

 

i entered on VWP it expires as of March 9th were due to wed on March 10th so cant apply to ajust status until after. 

 

Obviously my concern is the crossover period between AOS being filed and VWP expiring. (Marriage certificate probably take a week or so to become available)

Hmmmm.... I’m not sure about this but shouldn’t you get married before your exit date? If you’re only allowed to stay until March 9, and you’re getting married March 10, that seems like a red flag to me. I agree with others that you’re gonna be out of status and at risk until you file for AoS but you’re from England and not really on their priority list. 

[Londonergirl 133]

Why would you get married on March 10 if your I94 expire on the 9th!?

[brunt11 0]

14 minutes ago, Londonergirl said:

Why would you get married on March 10 if your I94 expire on the 9th!?

Attorney suggested so 

[jkstark 97]

It would seem to me that getting married before you are out of status would be recommended...  Remember that the overstay of an VWP will make you ineligible for the VWP in the future...   Even if you never end up needing to use the VWP, it will bring up questions on any entry into the country until you become a citizen, I would think...

 

I'm sure others can expound on this, and I would recommend you double check with your attorney ASAP...

[mindthegap 2,590]

1 hour ago, brunt11 said:

Attorney suggested so 

Not all attorneys are created equal

[jkstark 97]

3 minutes ago, mindthegap said:

Not all attorneys are created equal

This.

 

I can't imagine where the attorney thinks that it is appropriate for you to do something that is contrary to the law - ie overstay your authorization to be in the country.