VWP AOS

[lecilia 15]

so this is a really bad question to ask i guess sim just super nervous that my interview is in like 10 days but has anyone on VWP overstayed or during the adjustment process at the interview been denied yet ?

[Hypnos 6,576]

Sure, just the denial wasn't based solely on the overstay.

[aaron2020 11,651]

The overstay is not a problem for the spouse of a USC.

People can still be denied for other reasons.

[lecilia 15]

no i was just wondering if anyone has been denied applying for this yet

im just nervous its not the denial thats the worst thing its the ban i will get because i wouldnt even be able to visit my husband

[JohnR! 5,495]

Yes, people have been denied, but not on the grounds of overstay.

If your relationship is genuine you shouldn't have any issues.

Good luck/.

no i was just wondering if anyone has been denied applying for this yet

im just nervous its not the denial thats the worst thing its the ban i will get because i wouldnt even be able to visit my husband

[Transborderwife 4,666]

no i was just wondering if anyone has been denied applying for this yet

im just nervous its not the denial thats the worst thing its the ban i will get because i wouldnt even be able to visit my husband

In that case if its true love, he could move to you.

[aaron2020 11,651]

no i was just wondering if anyone has been denied applying for this yet

im just nervous its not the denial thats the worst thing its the ban i will get because i wouldnt even be able to visit my husband

No one in your situation gets deny for an overstay.

[lecilia 15]

i know thanks guys im just worried about evidence our interview is in 2 weeks and we only have joint bank account joint credit card photos phone bill phones under my husbands name showing he provides for me letters from family & friends and a letter saying we live with my father in law and he pays the bills under his name so in form of evidence we really dont have much im just scared im going to get denied because of that and have to leave the USA with a ban at the end of the day i just wana be with my husband and i dont want to ask him to move because he just got promoted and everything's going great here for him right now.

[3rd 84]

I feel your stress. I'm currently going through AOS from VWP and have the same fears when interview time rolls around. But, as long as you are honest and genuine then there shouldn't be any issues. Some people can give you a hard time, but it sounds like you and your husband are close and want to stay that way.

I know things are going well for him in his job but, if the worst case scenario did happen (which I'm sure it won't), him moving back to the UK with you wouldn't be a death sentence. My husband has already said if things don't plan out well and we get denied that he'd move heaven and earth for me and set up a new life back in Oxfordshire. He doesn't want to lose me, as I'm sure your husband doesn't. If it's true love, they'll make the sacrifice.

[newacct 688]

Why do you think you will have a ban if you leave the US after you're denied? According to your timeline, you entered the US in October 2014; assuming that's VWP, it would be a 90 day duration of stay, so you would start accruing unlawful presence in January 2015. Then, it says you filed AOS in March 2015; so that would be less than 180 days of unlawful presence, and not enough for a 3-year ban when you leave.

[3rd 84]

Why do you think you will have a ban if you leave the US after you're denied? According to your timeline, you entered the US in October 2014; assuming that's VWP, it would be a 90 day duration of stay, so you would start accruing unlawful presence in January 2015. Then, it says you filed AOS in March 2015; so that would be less than 180 days of unlawful presence, and not enough for a 3-year ban when you leave.

This.

Once your application was accepted the clock stops so you only accrued 154 days, under the 180 for the 3 year ban. Even if you abandoned your application you'd still be okay if you went home to be able to come back in (although I don't believe you can use VWP ever again).

[newacct 688]

This.

Once your application was accepted the clock stops so you only accrued 154 days, under the 180 for the 3 year ban. Even if you abandoned your application you'd still be okay if you went home to be able to come back in (although I don't believe you can use VWP ever again).

No, it would only be about 63 days. VWP entry on 2014-10-25; 90 days after that would be 2015-01-23. And then it says AOS filed on 2015-03-27, which is 63 days after that. Even including days for them to receive it, it's way not enough unlawful presence for a ban.

[3rd 84]

No, it would only be about 63 days. VWP entry on 2014-10-25; 90 days after that would be 2015-01-23. And then it says AOS filed on 2015-03-27, which is 63 days after that. Even including days for them to receive it, it's way not enough unlawful presence for a ban.

True. Sorry, was completely forgetting the legal stay of the 90 days of VWP. Been a long day already.

Edited September 16, 2015 by 3rd

[ydaoc 0]

Whats the chance of getting denied? We have photos, joint bank account in the US, previous air plane tickets, and of course my children adores him so they should easily see its genuine but are we still at risk of getting denied?

[3rd 84]

Whats the chance of getting denied? We have photos, joint bank account in the US, previous air plane tickets, and of course my children adores him so they should easily see its genuine but are we still at risk of getting denied?

You'd be better placed making your own topic in the appropriate forum. Then we can help you a little as there's no context here.