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holdplz

AOS from VWP; fee waiver, eligibility, etc.

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Filed: AOS (pnd) Country: Australia
Timeline

My case seems pretty complicated to me, but that seems normal around here so I hope I can get a few things cleared up.

Alright, so I entered the US on a VWP already married to a USC. I intended on staying for 90 days, but a few things changed and we decided that I should adjust my status and stay on this trip. Before this, our plan was for me to go back and file K-3 a little later on, but at the time adjusting status just seemed easier. This was late last year, but it wasn't until after my visa expired that I'd found out the fees had risen in July. It was a case of bad luck and poor research my behalf.

My wife is a student, and my savings had withered away from the cost of living in the Bay Area, and not being able to work means that we're living off her part-time wages. Basically, the new fees are a monumental amount of money to save. We've been stuck in Visa purgatory for a few months, but it was only a couple of weeks ago when a friend told me about fee waivers. I read the USCIS' eligibility conditions on their website and it seemed like I'd be a pretty valid candidate for one. We're planning on seeing a lawyer or going to legal aid, and these are my biggest questions:

1) Do any of you know how picky USCIS are on accepting fee waivers? Will they just tell me to ask my sponsor to loan the money off her? Right now, that is an option i would only consider as a very, very last resort. Also, my family is dirt poor, and so is her's.

2) It's been a long time since my waiver expired (Sep. 2007, *gulp*), but I've always had intent to file and haven't worked illegally. I know that they can't deny my AOS on grounds of overstaying, but 6 months seems like a horrible burden to sell my case. Correct?

3) Would someone be able to give me a simple outline of how to send my forms with a fee waiver attached? I read the USCIS explanation, but was confused!

Thanks for any help you can give me!

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Filed: Citizen (apr) Country: India
Timeline

I don't know much about the fee waiver, but I can tell you that my experience here on VJ, I have never heard of a fee waiver being successful. There have been reports of a few denials though. In fact, granting of a fee waiver is very, very rare, I hear. So best would be do anything to avoid it. I guess USCIS thinks that if you can't even afford the fees (which are now astronomically unfair in my opinion, by the way), there is a chance you will become a public burden in the future.

As far as you overstaying, do not worry about that. :no: Generally people are forgiven because they are married to a USC. Most cases are granted the green card. I have heard of people overstaying visas for years then marrying a USC and getting the green card. :yes:


***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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Filed: Timeline
I don't know much about the fee waiver, but I can tell you that my experience here on VJ, I have never heard of a fee waiver being successful. There have been reports of a few denials though. In fact, granting of a fee waiver is very, very rare, I hear. So best would be do anything to avoid it. I guess USCIS thinks that if you can't even afford the fees (which are now astronomically unfair in my opinion, by the way), there is a chance you will become a public burden in the future.

As far as you overstaying, do not worry about that. :no: Generally people are forgiven because they are married to a USC. Most cases are granted the green card. I have heard of people overstaying visas for years then marrying a USC and getting the green card. :yes:

Never heard of a fee waiver getting approved either.... I would borrow the money just to get the forms filed and be back in status...

As for your overstay, unauthorized work and overstay's are forgiven if you are married to a USC..

Kez/Jwolf

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Filed: Citizen (pnd) Country: France
Timeline

As they said above, don't count on the fee waivers.

It is higher than it was yes. But in the end it will probably cost you less than if you filed for a K3 first, especially if you think that you would have had to buy a new plane tickets, etc. On top of it EAD fees are included when you file for AOS, you don't have to pay extra for it and you will never had to pay to renew it if your case takes longer than expected. AP is too but given that you came under a VWP and over stayed, I would not advise using it.

So borrow, ask for EAD and work as soon as you get it so you can pay things back. The sooner you work the easier it will be for both of you, so just file.

In case you don't know it, the guides for you are here: http://www.visajourney.com/forums/index.ph...page=i130guide2

Good luck on your AOS journey.


08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

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