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mnb2015

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

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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. :no:

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. :hehe:

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

~Adjusting from visitor (VWP) visa~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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Prior apologies if I can explain it to you, but I can't understand it for you.

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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!! :content:

Edited by mnb2015

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Continuation question merged into original thread.

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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. :no:

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. :hehe:

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.

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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.


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

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