US Citizen and VWP Visitor Married…Questions on i-485 please :)

[mnb2015 0]

Hello Good People,

So glad we found this website--I hope you guys know how WONDERFUL you are!! By far the most informative and friendly source for immi issues!

Now to our brief story…I am a US citizen who has spent a lot of time in Denmark. I ended up meeting someone and we have been together for years now…visiting each other in the other's country on and off as much as we could. The last time my then boyfriend came in to the states, he proposed to me completely out of the blue and we decided we just couldn't handle any more time apart in the long distance relationship, and we got married about 2 1/2 months after he had come in with his VWP status. We had no idea what to do since our marriage was unplanned and now we are trying to figure out the pieces slowly.

Since we are married and he is a VWP tourist and I am a citizen, we have been working on our papers--and If y'all don't mind I have a few questions about the i-485. THANKSSSS in advance…seriously! This is nerve wracking so I appreciate.

QUESTIONS ON i-485

part 1: current USCIS status. What should we write here since he came in on VWP and I'm a citizen and we are now married (within his 90 day period)?

​part 2: "I am applying to aos because…?" just like the above question…we are not totally sure what to choose…

part 3 section A

It asks for a non immigrant visa number and the date it was issued…where can we find this? All my husband has is a i-94 number and his ESTA number but we can't find anything else…..also would the date it was issued be the day he entered the country?

Part 3 section B when you list spouse and children….I only put myself since its both our first marriage and we have no kids. But silly question….it also asks at the end if this spouse or children is applying with the immigrant. since I'm the us citizen I say no, right? haha…sorry Im confused.

LAST QUESTION PLEASE!!! Overstay in this case will generally be okay, right? My husband's 90 day period is ending in like 1 week and I'm not sure we can get it all done in time.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from visitor (VWP) visa~

[mnb2015 0]

question 21 asks for the last address at which we have lived…what do I put here? We have never really lived together at the same address officially since we usually just bounce back and forth visiting each other…now that we are married, we are officially living at an address now for the first time.

Thank you so much and wishing everything on here well!!

Edited March 4, 2015 by mnb2015

[TBoneTX 43,059]

Continuation question merged into original thread.

VJ Moderation

[YouAndMeForever 1,022]

Hello Good People,

So glad we found this website--I hope you guys know how WONDERFUL you are!! By far the most informative and friendly source for immi issues!

Now to our brief storyI am a US citizen who has spent a lot of time in Denmark. I ended up meeting someone and we have been together for years nowvisiting each other in the other's country on and off as much as we could. The last time my then boyfriend came in to the states, he proposed to me completely out of the blue and we decided we just couldn't handle any more time apart in the long distance relationship, and we got married about 2 1/2 months after he had come in with his VWP status. We had no idea what to do since our marriage was unplanned and now we are trying to figure out the pieces slowly.

Since we are married and he is a VWP tourist and I am a citizen, we have been working on our papers--and If y'all don't mind I have a few questions about the i-485. THANKSSSS in advanceseriously! This is nerve wracking so I appreciate.

QUESTIONS ON i-485

part 1: current USCIS status. What should we write here since he came in on VWP and I'm a citizen and we are now married (within his 90 day period)?

​part 2: "I am applying to aos because?" just like the above questionwe are not totally sure what to choose

part 3 section A

It asks for a non immigrant visa number and the date it was issuedwhere can we find this? All my husband has is a i-94 number and his ESTA number but we can't find anything else..also would the date it was issued be the day he entered the country?

Part 3 section B when you list spouse and children.I only put myself since its both our first marriage and we have no kids. But silly question.it also asks at the end if this spouse or children is applying with the immigrant. since I'm the us citizen I say no, right? hahasorry Im confused.

LAST QUESTION PLEASE!!! Overstay in this case will generally be okay, right? My husband's 90 day period is ending in like 1 week and I'm not sure we can get it all done in time.

Part 1: "VWP Visitor". If he files after his VWP expires, his current USCIS status is "out of status".

Part 2: A (the I-130 is the immigrant petition)

Part 3, section A: Enter his ESTA number under 'Nonimmigrant Visa Number' , the date he entered the country under 'Date Visa Issued', N/A under 'Consulate Where Visa Was Issued'.

Part 3, section B: No, you don't apply with your husband, since you are a US citizen.

Yes, the overstay will be forgiven, but since your husband will be out of status (therefore theoretically deportable) after his VWP expires, it is advisable to file as soon as you can.

[Hypnos 6,576]

Part 3, section A: Enter his ESTA number under 'Nonimmigrant Visa Number' , the date he entered the country under 'Date Visa Issued', N/A under 'Consulate Where Visa Was Issued'.

No, ESTA is not a nonimmigrant visa, it's an authorisation to use a visa waiver.

OP, you should enter "N/A - VWP" under all of those three sections.

[YouAndMeForever 1,022]

No, ESTA is not a nonimmigrant visa, it's an authorisation to use a visa waiver.

OP, you should enter "N/A - VWP" under all of those three sections.

I am aware that ESTA is not a visa, I have used ESTA before.

[mnb2015 0]

Thank you both for responding! very much appreciated