AOS Question!

[stringers_wench 0]

I sent out the AOS package on 10/22. My husbands stay expires on 11/02/2008, but he has a flight back on 10/21/2008. Does anyone know if he is allowed to overstay under the visa waiver program since we filed? We didn't know that we could apply for the AOS until a couple of weeks ago, and we finally got everything done and in the mail on the 22nd. Had we known earlier this could be done we obviously would have done it. Now we are freaking out because we don't think that we are going to get the receipt letter in time for him to stay. And if we don't, what happens then? I'm so confused about the whole thing! Someone please help me! We just had a baby in August, and it would be heart breaking for him to leave us at this point.

[stringers_wench 0]

I sent out the AOS package on 10/22. My husbands stay expires on 11/02/2008, but he has a flight back on 10/31/2008. Does anyone know if he is allowed to overstay under the visa waiver program since we filed? We didn't know that we could apply for the AOS until a couple of weeks ago, and we finally got everything done and in the mail on the 22nd. Had we known earlier this could be done we obviously would have done it. Now we are freaking out because we don't think that we are going to get the receipt letter in time for him to stay. And if we don't, what happens then? I'm so confused about the whole thing! Someone please help me! We just had a baby in August, and it would be heart breaking for him to leave us at this point.

[kumarkitty 0]

I sent out the AOS package on 10/22. My husbands stay expires on 11/02/2008, but he has a flight back on 10/21/2008. Does anyone know if he is allowed to overstay under the visa waiver program since we filed? We didn't know that we could apply for the AOS until a couple of weeks ago, and we finally got everything done and in the mail on the 22nd. Had we known earlier this could be done we obviously would have done it. Now we are freaking out because we don't think that we are going to get the receipt letter in time for him to stay. And if we don't, what happens then? I'm so confused about the whole thing! Someone please help me! We just had a baby in August, and it would be heart breaking for him to leave us at this point.

i don't know about that kind of visa .but since you are eligible to apply for the AOS , i don't think that overstaying will be a problem as long as he is an aos pending applicant.the first notice of action does not take more than 2 weeks , so hopefully before11/02.but i would call the immigration services to check more 1-800-375-5283.good luck and i hope you can get some reassuring response.

[Jon&Lindsey 0]

The overstay will be forgiven if you have filed. Check out my timeline and thread in the 'AOS under tourist/work/student visa' forum about my interview - we did the same thing and were approved today We actually didn't send the forms until 5 months after my VWP expired as we didn't have the money. As long as your husband didn't enter the US with intent to stay and do this (and can prove it if necessary) then you are fine.

[stringers_wench 0]

so you got approved even though you overstayed? what happened? you didn't get in trouble for doing that? this whole thing just confuses me, but i don't want him to go if there's a chance that we'll get the receipt letter the day after he leaves!

[ellla 0]

Usually an overstay is forgiven to the spouse of USC.

[Jon&Lindsey 0]

so you got approved even though you overstayed? what happened? you didn't get in trouble for doing that? this whole thing just confuses me, but i don't want him to go if there's a chance that we'll get the receipt letter the day after he leaves!

Yes, the overstay was never an issue. However, if you overstay more than 180 days and try to leave the US and return with AP before you get the greencard, you may be banned from returning for 3 years, and for 10 years if you overstay more than a year. If you have any overstay, it's better not to leave the US before you have the green card in hand. We did get married before the VWP expired though, so the overstay was because I was married - we even called USCIS and were told everything would be fine, just file ASAP when you can. I thought you were in 'AOS pending' status as soon as USCIS received the packet though, before the NOAs come, so I'm sure you will be fine regarding that. Anyway, it will only be a matter of days, so I really wouldn't worry about that.

I am a little confused about your timeline and dates though, when did you get married and decide that your husband would stay? You will need to take convincing evidence that he did intend to return home at the time of entry to the US on the VWP (despite you guys having a baby) when you go for the interview, as if USCIS thinks that he did intend to stay, then that is visa fraud.

[stringers_wench 0]

so you got approved even though you overstayed? what happened? you didn't get in trouble for doing that? this whole thing just confuses me, but i don't want him to go if there's a chance that we'll get the receipt letter the day after he leaves!

Yes, the overstay was never an issue. However, if you overstay more than 180 days and try to leave the US and return with AP before you get the greencard, you may be banned from returning for 3 years, and for 10 years if you overstay more than a year. If you have any overstay, it's better not to leave the US before you have the green card in hand. We did get married before the VWP expired though, so the overstay was because I was married - we even called USCIS and were told everything would be fine, just file ASAP when you can. I thought you were in 'AOS pending' status as soon as USCIS received the packet though, before the NOAs come, so I'm sure you will be fine regarding that. Anyway, it will only be a matter of days, so I really wouldn't worry about that.

I am a little confused about your timeline and dates though, when did you get married and decide that your husband would stay? You will need to take convincing evidence that he did intend to return home at the time of entry to the US on the VWP (despite you guys having a baby) when you go for the interview, as if USCIS thinks that he did intend to stay, then that is visa fraud.

We got married 10/14/2008. We had been engaged since 02/02/2008. We knew that he was coming back for the birth of our baby, and we seriously had all intentions that he would go back and we would file for the K1 finace visa. Then around the last week of September we called USCIS to see if there was anything that we could do while he was here to make it so he wouldn't have to go back. We were told that we could get married, and then file the AOS package and that would allow him to stay. I mean, the information came directly from the USCIS, so they better be right. We really did have all intentions of him returning to the UK. We just found out that we could go ahead and get married and that would allow him to stay here with us, so that's what we did.

[Jon&Lindsey 0]

We got married 10/14/2008. We had been engaged since 02/02/2008. We knew that he was coming back for the birth of our baby, and we seriously had all intentions that he would go back and we would file for the K1 finace visa. Then around the last week of September we called USCIS to see if there was anything that we could do while he was here to make it so he wouldn't have to go back. We were told that we could get married, and then file the AOS package and that would allow him to stay. I mean, the information came directly from the USCIS, so they better be right. We really did have all intentions of him returning to the UK. We just found out that we could go ahead and get married and that would allow him to stay here with us, so that's what we did.

OK, I understand. Make sure you have evidence that he was going to return, like letters from employers, mortgage/rental papers, evidence of car/cell phone etc to take with you to the interview, then you'll be fine. To me at least, having the baby could make it look like you used the VWP to get your fiance here quicker, that's why I was worried. You just have to be able to prove that he did intend to return, but since he did, you must have the evidence, so you should be ok

[stringers_wench 0]

We got married 10/14/2008. We had been engaged since 02/02/2008. We knew that he was coming back for the birth of our baby, and we seriously had all intentions that he would go back and we would file for the K1 finace visa. Then around the last week of September we called USCIS to see if there was anything that we could do while he was here to make it so he wouldn't have to go back. We were told that we could get married, and then file the AOS package and that would allow him to stay. I mean, the information came directly from the USCIS, so they better be right. We really did have all intentions of him returning to the UK. We just found out that we could go ahead and get married and that would allow him to stay here with us, so that's what we did.

OK, I understand. Make sure you have evidence that he was going to return, like letters from employers, mortgage/rental papers, evidence of car/cell phone etc to take with you to the interview, then you'll be fine. To me at least, having the baby could make it look like you used the VWP to get your fiance here quicker, that's why I was worried. You just have to be able to prove that he did intend to return, but since he did, you must have the evidence, so you should be ok

Now you're scaring me. We don't have anything like that. He lives with his mom back in the UK. And he was working for a temp agency when he left, so it was nothing permanant. I don't think that he has any bills other than a bank loan that comes out every month out of his bank account. Also his cell was one of those pay as you go things, and he doesn't have a car. Now I really don't know what to do.

[wizardfitz 13]

We got married 10/14/2008. We had been engaged since 02/02/2008. We knew that he was coming back for the birth of our baby, and we seriously had all intentions that he would go back and we would file for the K1 finace visa. Then around the last week of September we called USCIS to see if there was anything that we could do while he was here to make it so he wouldn't have to go back. We were told that we could get married, and then file the AOS package and that would allow him to stay. I mean, the information came directly from the USCIS, so they better be right. We really did have all intentions of him returning to the UK. We just found out that we could go ahead and get married and that would allow him to stay here with us, so that's what we did.

OK, I understand. Make sure you have evidence that he was going to return, like letters from employers, mortgage/rental papers, evidence of car/cell phone etc to take with you to the interview, then you'll be fine. To me at least, having the baby could make it look like you used the VWP to get your fiance here quicker, that's why I was worried. You just have to be able to prove that he did intend to return, but since he did, you must have the evidence, so you should be ok

Now you're scaring me. We don't have anything like that. He lives with his mom back in the UK. And he was working for a temp agency when he left, so it was nothing permanant. I don't think that he has any bills other than a bank loan that comes out every month out of his bank account. Also his cell was one of those pay as you go things, and he doesn't have a car. Now I really don't know what to do.

well one thing as proof would be his return ticket home, you said he was scheduled to return on the 21st right? so i ma hoping you still have that ticket. that should and would show he had every intention of returning home and not really planned on staying

[Eric-Pris 1,609]

I mean, the information came directly from the USCIS, so they better be right.

Ask the hundreds of people here who have been steered in the wrong direction by CIS if their info is always right... But in your case, the info was accurate. As long as you can show (at the interview you most likely will be asked about it) that he intended to return to UK, you will be fine.

[payxibka 10,048]

I mean, the information came directly from the USCIS, so they better be right.

Ask the hundreds of people here who have been steered in the wrong direction by CIS if their info is always right... But in your case, the info was accurate. As long as you can show (at the interview you most likely will be asked about it) that he intended to return to UK, you will be fine.

In addition, informatin that is provided by the USCIS (mis)Information line even if found to be innacurate, the applicant CANNOT use it as a defense even if they can definetively prove they relied upon it, and it is the sole reason there application/petition was not approved. The USCIS and there representatives are held harmless.

[stringers_wench 0]

We got married 10/14/2008. We had been engaged since 02/02/2008. We knew that he was coming back for the birth of our baby, and we seriously had all intentions that he would go back and we would file for the K1 finace visa. Then around the last week of September we called USCIS to see if there was anything that we could do while he was here to make it so he wouldn't have to go back. We were told that we could get married, and then file the AOS package and that would allow him to stay. I mean, the information came directly from the USCIS, so they better be right. We really did have all intentions of him returning to the UK. We just found out that we could go ahead and get married and that would allow him to stay here with us, so that's what we did.

OK, I understand. Make sure you have evidence that he was going to return, like letters from employers, mortgage/rental papers, evidence of car/cell phone etc to take with you to the interview, then you'll be fine. To me at least, having the baby could make it look like you used the VWP to get your fiance here quicker, that's why I was worried. You just have to be able to prove that he did intend to return, but since he did, you must have the evidence, so you should be ok

Now you're scaring me. We don't have anything like that. He lives with his mom back in the UK. And he was working for a temp agency when he left, so it was nothing permanant. I don't think that he has any bills other than a bank loan that comes out every month out of his bank account. Also his cell was one of those pay as you go things, and he doesn't have a car. Now I really don't know what to do.

well one thing as proof would be his return ticket home, you said he was scheduled to return on the 21st right? so i ma hoping you still have that ticket. that should and would show he had every intention of returning home and not really planned on staying

Actually his flight out is for the 31st, i messed up on that one sorry! But yes, we do still have the returning flight information. We just had no idea that this was something that we could do, or else we wouldn't have waited two weeks before he was supposed to go back to file!

[Jon&Lindsey 0]

Definitely keep his return ticket home. However, I don't think this in itself is enough - return tickets are often cheaper than one-way anyway, and someone intending to stay could easily buy one to make it look like they didn't. Did he tell the temp agency he would be gone for the three months only, and would like to work for them again on his return? If so, maybe they can write a letter saying that. Was he on anyone's car insurance? Has he kept renewing the pay and go phone while being here? Evidence he kept his UK bank account open and with funds in apart from for the loan payments? Do you have emails between you two discussing how he'd come for the three months and return? Emails between him and his mum, showing she thought he was returning? Could she and other friends/family in the UK write affidavits saying this? You are not doing anything wrong if you did not intend for him to stay, but we must advise you that you may need to prove this.

I also did not have that much evidence, as I lived with my parents and no empolyer as I had my own business, no car as I shared my mum's to save money, pay and go phone too. I took the plane ticket, info about my business, emails between J and I and between me and my mum, Christmas cards from my parents talking about our 'second christmas' together on my return. We never even got asked about it at the interview, but you must be prepared, just in case. In your case, I think knowing about your baby and being engaged on entry to the US could make it LOOK like you didn't intend to return, so you should definitely prepare for possible questions about it. If you do a search, there are several other threads about evidence of intent to return and what people took. You have time to gather the evidence, and I think you'll be fine as long as you are prepared. Don't forget to also gather evidence of your shared life together now - photos, joint bank accounts, rental agreements etc, as you'll also be asked about this. Don't panic, just start gathering your evidence and it will be ok