VWP - AOS w/ 1-130 & i-485

[prsuzor 0]

Great. I didn't know this site had a section on this sort of thing. I now see that he gets an EAD while he waits for the green card. Most excellent! If only we applied in july...

Just finally and quickly, do we have to apply while his Waiver is still valid?

Thanks for the help.

[Kez/JWolf 6]

If you can file before his I-94w expires then it is best to do so... also he should not leave the US until he has his greencard..

Kez

[ChristinaM 0]

Agreed - you guys should file ASAP.

The issue with leaving the country is primarily if there is any overstay time accrued, which if the I-94W has not expired there is not (and since one can no longer use the VWP if there is previous overstay, that sounds like the case). That means that your hubby will need AP to travel before he gets his greencard, but otherwise should be ok to travel if he wishes.

I also filed for AOS from the VWP, btw.

[misa 2]

This is his second trip. We originally planned on me going to Australia to file a DCF earlier this year but got screwed over when they changed the rules about DCF with absolutely no warning at all. This trip was planned as a brief visit before filing the K-3 but we recently found out that spouses are eligible to adjust status on VWP. We also just learned about the ridiculous new fees but that won't be too big of a hassle if it means we dont have to wait 5-10 years (approx.) for the K-3 to be approved.

Anyway, I didn't want to get into the details, I just wanted to know about the process.

This is a moot point now but I am curious why it would take 5-10 years for a K3?

Good luck with the the filing!

[prsuzor 0]

Does anyone else have any verifiable information on whether the I-485 has to be sent before his VW expires, or if they're ok with a spouse overstaying a couple of weeks. I was told that when they consider the adjustment of a spouse they are allowed to overlook things like illegal work and such, so that's why I'm a little unsure.

Thanks.

[Dr_LHA 3]

Does anyone else have any verifiable information on whether the I-485 has to be sent before his VW expires, or if they're ok with a spouse overstaying a couple of weeks.

Overstay is not an issue if the person is married a US Citizen, so no it is not required that the I-485 is sent in before the VW expires.

I was told that when they consider the adjustment of a spouse they are allowed to overlook things like illegal work and such, so that's why I'm a little unsure.

Its not that they are "allowed to overlook" these things, the law states that they cannot use illegally working or overstaying as a reason to deny AOS if the person is filing AOS as an immidiate relative of a US Citizen.

[prsuzor 0]

I was told that when they consider the adjustment of a spouse they are allowed to overlook things like illegal work and such, so that's why I'm a little unsure.

Its not that they are "allowed to overlook" these things, the law states that they cannot use illegally working or overstaying as a reason to deny AOS if the person is filing AOS as an immidiate relative of a US Citizen.

I just wanted to simplify it into three words . Thanks much for all your help, Dr LHA

[Dr_LHA 3]

The reason I pointed that out is "allowed to overlook" suggests that some adjudicators might not overlook it.

[silviake 0]

Well I am in the exact same thing as domjeamou .

We got married during my visit to him in April wich we didnt really plan on doing so quick but ... ( met online 9 months earlier and came to visit him before this visit we got married )

Well after we got married I went back home to Belgium after my 2 week visit cause my daughter stayed home with my mom as she had to attend school and I also had my job.

Me and my daughter would visit my husband in July ( as my daughter was on summer vacation ) and my hubby who is in the army had asked to be able to take leave so he could fly back to Belgium with me and my daughter or right after us , so we could file DCF in the US Embassy in Brussels ( had read that it was a lot less complicated and faster than filing AOS here ) . Well my hubby got denied leave cause there was a general inspection planned in the near future . So me and my hubby talked about it and decided that me and my daughter would stay and do the AOS here . The reason we made that decision was that I only had 3 days of paid leave left from my job for the rest of the year ( and as a single mom I couldnt afford to take a couple of weeks non paid every 2 month or so ) and that my hubby would be deployable in 6 months so we did not want to take the chance that he wouldnt be able to take leave for the next couple of months and only see eachother like maybe 1 or 2 times before he might be deployed again for a whole year .

I still wish we could have dont it thru DCF in Brussels but I couldnt have imagined me hardly seeing my hubby before he would get deployed and my hubby is deployed for a 15 month tour now so ... I am happy we decided to stay in July last year . And I hope my hubby comes home to me soon cause I miss him soo much !

Silvia

[tonyr7 0]

filing AOS on VWP is very risky

I was married to my wife for 5 years at our adjustment interview, I was arrested detained and deported

[Kez/JWolf 6]

filing AOS on VWP is very risky

I was married to my wife for 5 years at our adjustment interview, I was arrested detained and deported

Please give us more information about your case..... what was the reason for your arrest and deportation??? there are 1000's of people who do AOS from a VWP/Tourist visa each and every year and have no issues at all... there must be an other reason or reasons for your deportation and arrest....

Kez

[Cécy 44]

domjeamou if you choose to stay, it is better to file before the I-94 expires. Yes, most likely an overstay will be forgiven, but you already have one thing to explain (came back in the US when already married). There is no obligation, but I personally think that you're better off doing it before it expires and before you have more things to explain.

What you need to do now is gather all the information you need to file for AOS (if you decided to do that instead of CR/IR1). Print the documents, read the guides and gather everything from proof of your marriage (required if you file for I-130) to tax returns.

Also start gathering documents from his home country to proof he had intent to go back. You might or might not be asked for that, but it's better to be ready for it. Things like a letter from his employer saying that he only had so many days of vacation left, a lease, having a car over there in his name, etc can be of help.

Good luck on your journey whatever path you choose.

[Dr_LHA 3]

I wish people wouldn't use language like "most likely an overstay will be forgiven", it makes it sound like uscis sometimes might not forgive the overstay, which is simply not true. Sure they might deny for another reason, jt they cannot deny the spouse of a USC for overstay by law.

[desert_fox 32]

I think that any immigration atttorney will tell you there is no problem as long as there are no other issues.

Just dont plan on leaving the US without green card in hand, as you wont be getting back in. This makes it rough if you have any loose ends to wrap up back in the home country.

[prsuzor 0]

His waiver recently expired and we have most of the forms ready. The link to the I-693 Medical Examination form doesn't work, though. Have they changed the name of the form? At the moment, I have no idea what the doctor will require of him as I left that form until the very last.