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Moiramacd

Change of status from visa waiver

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Filed: Other Timeline

Hello

I hope someone can help me with this question . If I emter the USA on a visa waiver ( UK passport ) which is valid for 90 days and then decide to get married to an American citizen two months into my stay how do I change my status ? I would only have 30 days remaining at thst point . What would be the procesing times to allow me to continue to remain in the USA ? My concern is that if it took more than 30 days to process my application , I could be potentially in a position where I might overstay and that is obviously not an option.

Looking forward to a response

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Filed: Country: Vietnam (no flag)
Timeline

What you are suggesting and sounds like planning on doing, is actually against the law and illegal. I'm not sure many will be willing to endorse this idea, if any.

If OP is already in the US, then there is nothing illegal about adjusting status.

If OP is outside the US, then this would be illegal.

Edited by aaron2020
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Filed: Country: Vietnam (no flag)
Timeline

Hello

I hope someone can help me with this question . If I emter the USA on a visa waiver ( UK passport ) which is valid for 90 days and then decide to get married to an American citizen two months into my stay how do I change my status ? I would only have 30 days remaining at thst point . What would be the procesing times to allow me to continue to remain in the USA ? My concern is that if it took more than 30 days to process my application , I could be potentially in a position where I might overstay and that is obviously not an option.

Looking forward to a response

Where are you right now?

Edited by aaron2020
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~*~*~moving to adjusting status from tourist visa as the OP is not yet married and not filing a CR-1~*~*~

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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OP if this is something you are planning to do, stop right now because it is against the law.

If, however, you are currently in the USA and entered without immigration intent but circumstances have changed, this is permitted and any "overstay" of the 90 days due to filing times would be forgiven.

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: IR-1/CR-1 Visa Country: Sweden
Timeline

Well they have this law that says that it's illegal to enter the US on a tourist visa or visa waiver program with the intent to stay and adjust status BUT if you still do it and your husband happen to be a USC it's ok... It is one of the weirdest laws I've ever heard of. It's like, either make it legal or illegal...

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Filed: AOS (pnd) Country: Russia
Timeline

It all depends on whether or not your already in the U.S. It sounds like from the premise of your question that you are already 60 days into your VWP visa. If this is the case you can adjust status.Your overstay will be forgiven if your married to a U.S Citizen (USC)

Harry

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