AOS from VWP; fee waiver, eligibility, etc.

[holdplz 0]

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!

[ELW 5]

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. 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.

[Kez/JWolf 6]

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. 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.

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

[Cécy 44]

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.