Married while on ESTA, ready to file for AOS.

[humptydumpty 0]

Hey guys, hope everyone is doing well!

I need some information just to clarify and get a peace of mind.

I came on a ESTA (VWP) to visit my girlfriend, now wife. This was a spontaneous action (we love eachother so much and did not want to leave eachothers side) and we got married within 90 days (while i was still legally present). Just before my ESTA expired on September 24th.

Basically i'm overstaying for almost 3 months now although we got married. But, we're ready to file the I-130 and I-485 with all the other supported forms before Dec 23rd (crucial date before the fees go up lol)

Therefore i have some questions, i already appreciate all the info you guys can give. I'll summarize them to make it easier to answer.

- Will my overstay be forgiven in my situation?

- I did not underwent a medical exam yet (I-693) due to the timeframe we have for filing now so that form will not be included, can i do this prior to the interview and bring it along?

- My wife makes above the poverty level to support me. We have 3 1099 copies for the last 3 years. Do we still need to download an IRS transcript from the IRS website and include that?

- I lost the original marriage certificate while copying (stupid i know) if we go to the courthouse, certified copies will suffice?

- I only have one stamp in my passport (it's fairly new) do i need to copy all the empty pages too or just the stamppage? (Also does it need to be a colorcopy or is black/white good too?)

That's all i need to know for know, i been reading into this forum a lot and it helped me out! Although i might ask retorical questions it's just to clarify. Because i seen so many different answers.

I been sleeping badly lately cause i'm already overstaying and worried that someone might knock on the door so i want to get this done and over with lol.

If anyone can point me in the right direction regarding example forms for concurrent filing based upon entering on a ESTA (VWP) in some topic on here that would be very helpful. Just don't want to fill them out with some errors.

I appreciate the feedback, thank you guys!

[humptydumpty 0]

Oh BTW, we're in the state of Florida. Anyone has any idea how fast they are with processing? Thank you!

[Pennycat 880]

Here's the guide for concurrent filing. You may not be able to get everything you need by Dec 23rd. You'd likely have been much better off (financially) going home within the window but what's done is done.

The I-693 is a required form for filing. I don't know if they do an RFE for that or if they deny the petition. Personally, I wouldn't apply without it but maybe someone here can assure you that it's only an RFE situation.

Read the instructions for filing the I-864 (the Affidavit of Support) which says "You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year." And the form itself. The form explicitly says "Note: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year" . So, if she's got a copy of her tax return, she can use that. Otherwise, she'll need the transcripts.

Certified copies of marriage certificate are fine.

The copy of the full passport is for HER, not you. It's to prove that she's a citizen and is allowed to petition for a spouse. Copies of all of the pages, I assume, is to prove that it's legitimate. Unsure. You just need to submit the copy of the first page of your passport. You will need your birth certificate, though. And a translation of it. And a police report from any country you've lived in 6+ months if you've got certain criminal histories.

[EM_Vandaveer 2,369]

I-693 is NO LONGER required with the original filing. OP, you can take it to your interview.

Overstay will be forgiven. Copy of marriage certificate is fine, bring certified copy to the interview.

Copy all pages of your passport, just in case. Did you manage to get your birth certificate? You need that and its translation if it's not in English.

IRS tax return transcript is best as it actually proves the taxes were filed. Don't forget to send 6 months' worth of paystubs (most recent months) to prove current income as well. Don't forget to send proof of sponsor's USC with the I-864.

[EM_Vandaveer 2,369]

Here's the guide for concurrent filing. You may not be able to get everything you need by Dec 23rd. You'd likely have been much better off (financially) going home within the window but what's done is done.

The I-693 is a required form for filing. I don't know if they do an RFE for that or if they deny the petition. Personally, I wouldn't apply without it but maybe someone here can assure you that it's only an RFE situation.

Read the instructions for filing the I-864 (the Affidavit of Support) which says "You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year." And the form itself. The form explicitly says "Note: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year" . So, if she's got a copy of her tax return, she can use that. Otherwise, she'll need the transcripts.

Certified copies of marriage certificate are fine.

The copy of the full passport is for HER, not you. It's to prove that she's a citizen and is allowed to petition for a spouse. Copies of all of the pages, I assume, is to prove that it's legitimate. Unsure. You just need to submit the copy of the first page of your passport. You will need your birth certificate, though. And a translation of it. And a police report from any country you've lived in 6+ months if you've got certain criminal histories.

I-693 is no longer required with the initial filing. It can be brought to the interview.

No police report needed for in-country AOS. I don't understand where a lot of people get this idea.

OP needs more than the biometric page of the passport, also the stamp proving legal entry. Crucial for AOS.

[Pennycat 880]

I-693 is NO LONGER required with the original filing. OP, you can take it to your interview.

Wow, really? Since...when? What happens if it is an interview waiver situation? It still says in the I-485 instructions to submit the I-693 with the 485. And....someone should probably update that on the guides.

Edit re: the police report. They would need it, or court documents, if they answer yes on any number of the questions regarding prior arrests etc. Depending on the country and what shows that they're clear (like, been arrested but never charged), it's required to backup. I've seen a few of people AOSing from VWP have this problem, particularly because the nature of our legal/judicial systems are so different.

Edited December 16, 2016 by CatherineA

[Hypnos 6,576]

Since 2014.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html :

"The medical examination report may be submitted to USCIS:​

​

•Concurrently with the immigration benefit application; or​

​

•At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​"

[Pennycat 880]

Since 2014.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html :

"The medical examination report may be submitted to USCIS:​

​

•Concurrently with the immigration benefit application; or​

​

•At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​"

Crazy. Did they not consider updating the filing instructions to reflect that? I know one couple who would have applied for AOS a full 2 months earlier if it wasn't for the medical stuff!

This also explains why so many K1s get that RFE for the medical exam, which is just stupid on their part (it's in the sealed envelope at the border!)

[EM_Vandaveer 2,369]

Wow, really? Since...when? What happens if it is an interview waiver situation? It still says in the I-485 instructions to submit the I-693 with the 485. And....someone should probably update that on the guides.

Edit re: the police report. They would need it, or court documents, if they answer yes on any number of the questions regarding prior arrests etc. Depending on the country and what shows that they're clear (like, been arrested but never charged), it's required to backup. I've seen a few of people AOSing from VWP have this problem, particularly because the nature of our legal/judicial systems are so different.

Sure, if there is a criminal record, they need to send documentation of it. I just assumed there was none.

[Eric-Pris 1,602]

Overstay will be forgiven and you will need tax transcripts or tax returns, not just 1099's or W-2's.

Btw- It's funny that people who adjust from tourist visa, VWP (Esta), or any other non-immigrant visa, ALWAYS preface that they didn't intent to get married and adjust. It's always a spur of the moment thing. I always found it funny how it happens so often knowing that it's an easy way to cut a year off the wait.

[Pennycat 880]

Sure, if there is a criminal record, they need to send documentation of it. I just assumed there was none.

It's not just a criminal record, it's any arrest or detention at all with or without charges. And apparently in the UK in particular this can be an issue and I'm sorry but I don't remember why. Something about being "cautioned" but it drops off after 10 years but you still have to answer yes on the AOS. So it's something really fairly minor that still results in a yes, and the need for a report.

And it's probably fair to can assume there is none, I just mentioned it because if he'll need one, he'll need to order it fast, and a lot of people seem to need it, and I think it's the different legal system thing....

[EM_Vandaveer 2,369]

It's not just a criminal record, it's any arrest or detention at all with or without charges. And apparently in the UK in particular this can be an issue and I'm sorry but I don't remember why. Something about being "cautioned" but it drops off after 10 years but you still have to answer yes on the AOS. So it's something really fairly minor that still results in a yes, and the need for a report.

And it's probably fair to can assume there is none, I just mentioned it because if he'll need one, he'll need to order it fast, and a lot of people seem to need it, and I think it's the different legal system thing....

You are totally right. I assumed nothing in the applicant's past.

A caution is a uniquely UK concept. For US immigration purposes it counts as a conviction.

[DJ6372 111]

Overstay will be forgiven and you will need tax transcripts or tax returns, not just 1099's or W-2's.

Btw- It's funny that people who adjust from tourist visa, VWP (Esta), or any other non-immigrant visa, ALWAYS preface that they didn't intent to get married and adjust. It's always a spur of the moment thing. I always found it funny how it happens so often knowing that it's an easy way to cut a year off the wait.

Its a very easy process to do by pretending it was 'spur of the moment' the problem is that during the overstay and waiting for the Visa that person cannot legally work, sorry but I would rather enter the country with my Visa and start working immediately and legally.

[Lizzy90 7]

Hey guys, hope everyone is doing well!

I need some information just to clarify and get a peace of mind.

I came on a ESTA (VWP) to visit my girlfriend, now wife. This was a spontaneous action (we love eachother so much and did not want to leave eachothers side) and we got married within 90 days (while i was still legally present). Just before my ESTA expired on September 24th.

Basically i'm overstaying for almost 3 months now although we got married. But, we're ready to file the I-130 and I-485 with all the other supported forms before Dec 23rd (crucial date before the fees go up lol)

Therefore i have some questions, i already appreciate all the info you guys can give. I'll summarize them to make it easier to answer.

- Will my overstay be forgiven in my situation?

I came here July 2014 (VWP) got married in October and didn't send my package until January 2015. I had no problems. Got my GC in June 2015. The lady just asked me if I had planned the wedding. I said no, and she approved us on the spot after 15 mins. I had no problems. You'll be fine too if all your other documents are good.

Edited December 17, 2016 by Lizzy90

[humptydumpty 0]

Hey guys,

Thanks so much for the information. It helped me out a lot!

I got some minor questions regarding the forms though, because i do not wish to miss minor details.

On the I-485:

- Fields such as SSN and A-Number i can fill in with N/A?

- Current status is VWP visitor or Out of Status? I saw different reactions so just want to make sure!

- the i94 Arrival Departure number is that the same as the admission number on my electronic i-94 ? It contains 11 digits. (And is this the same that needs to be filled in at the I-130 form?)

- At Non-Immigrant Visa Number/ Consulate / Date Visa i filled in N/A this is correct ? Since i entered with the VWP?

On the I-130:

- Alien Registration number can be N/A ?

- Your relative's address abroad? (I'm here now, fill it in or leave blank?)

And as last for now, on the G325a form.

- File number A ........ (i can assume to leave this blank)

The example forms are based on K1 Visa holders so i did not had to much of a reference for filling out the forms. Although it's pretty much self explanatory and i might be asking retorical questions, i wish not to make any mistakes.

It would be a lot easier to have a example form based on a VWP/ESTA marriage while in the U.S., would've saved me from bothering you guys!

I might return with some more small questions, but i appreciate all the help i got so far! Thank you!