AOS Question!

[stringers_wench 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

He doesn't really have anything that we can use as proof. I know he is still on the books at the temp agency. They told him they would keep his status open until he returned from the states.

I do have another question though. Am I able to add him to my bank account and my car title if he doesn't have a SSN? I don't really know how that works.

[payxibka 10,044]

I do have another question though. Am I able to add him to my bank account and my car title if he doesn't have a SSN? I don't really know how that works.

Depends on your state laws for the car and the individual bank for the account... theoretically maybe, but in practice it may not be...

[Jon&Lindsey 0]

You can use the temp agency as proof, if you can get someone to write a letter stating that he told them he would be gone for three months and his status would be kept open until he returned - that DOES show that he intended to return. IMHO you MUST prepare for the worst, even though you may well not be even asked about intention at interview. Try to think of anything that could possibly show intention to return. It's better to be over-prepared and then unprepared!

You may be able to get him added to the bank account before SSN - we did, but I think it depends on the bank (we have bank of america). He will be able to get an SSN once his EAD comes, so you will be able to do it before the interview even if you can't do it now. I don't know about the car, but it's worth asking. We had lots of photos and cards to/from each other and family, which the IO really liked as it proved that we really do have a marriage.

[sweetpiano 0]

Re: your original question - yes, your husband can stay and adjust status, and now that you've filed, it is imperative that he does not leave the US, it will be considered as abandoning the application.

[Jon&Lindsey 0]

Oops, I meant it's better to be overprepared THAN unprepared!

[stringers_wench 0]

Re: your original question - yes, your husband can stay and adjust status, and now that you've filed, it is imperative that he does not leave the US, it will be considered as abandoning the application.

What do you think will happen if he does stay, and for some reason (and it better not happen!) the package is denied and sent back to us, and he has overstayed?

[payxibka 10,044]

Re: your original question - yes, your husband can stay and adjust status, and now that you've filed, it is imperative that he does not leave the US, it will be considered as abandoning the application.

What do you think will happen if he does stay, and for some reason (and it better not happen!) the package is denied and sent back to us, and he has overstayed?

then he will need to depart the USA and you can petition for him to determine eligibility for him apply for a visa from abroad..... If it is determined he has an overstay that requires a ban to re-entry, then you will be applying for a waiver as well after the visa is initially refused.

Edited October 24, 2008 by payxibka

[Jon&Lindsey 0]

Re: your original question - yes, your husband can stay and adjust status, and now that you've filed, it is imperative that he does not leave the US, it will be considered as abandoning the application.

What do you think will happen if he does stay, and for some reason (and it better not happen!) the package is denied and sent back to us, and he has overstayed?

then he will need to depart the USA and you can petition for him to determine eligibility for him apply for a visa from abroad..... If it is determined he has an overstay that requires a ban to re-entry, then you will be applying for a waiver as well after the visa is initially refused.

I think that's correct. Although you are able to adjust from VWP, you are taking a risk as entering with intent to stay is visa fraud, so you need to be able to defend yourselves from this possible accusation. Sweetpiano is right that he should not leave the country until he has the GC, as even leaving with AP doesn't totally guarantee than he will be able to return, so it's better not to take the risk unless travel is really essential.

[kumarkitty 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

He doesn't really have anything that we can use as proof. I know he is still on the books at the temp agency. They told him they would keep his status open until he returned from the states.

I do have another question though. Am I able to add him to my bank account and my car title if he doesn't have a SSN? I don't really know how that works.

your bank will tell you exactly whether that is possible or not .good luck .I think you mariage and application at the last minute and after getting the information from the a uscic officer will do you some service at the interview

[Old Dominion 26]

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.

Don't panic -- just keep the record of his flight back home to prove that he had planned to return. The USCIS will look for evidence of a solid marriage when it comes time for the interview -- including joint bank account, joint utility bills, joint car ownership, joint rental agreement, etc. etc. Letters from friends verifying your marriage, photos, etc. etc. all help. That will be about six months from now. If the marriage seems legitimate, and if by then he has a job and is settled in, everything should be just fine.