Urgent advice required

[alanakaja1980 1]

Hi everyone,

I am hoping I can get a straight answer to our questions on here!

I am UK citizen who arrived in the USA on the visa waiver program in January 2010. I came over to visit my boyfriend (who is a US citizen). Unplanned, we decided to marry, so we did on the 1st March 2010.

We decided that I would live in the USA with him so we sent away the I-130 petition on 17th March 2010. We received the Notice of Approval (receipt) yesterday.

My 90 days, which I can only stay for under the VWP, expires on the 26th April. Is there a way in which I can stay here after my 90 days? Originally I was going to go back home to Scotland on the 20th April and go through the whole visa process, when the petition had been accepted, there. But there is no way we can be seperated for a few months. I have read about the Adjustment of status option. Am I correct in thinking that we can send off the I-485 form now? Do I have to send it off before my 90 day stay expires? or can I do it after then? I only have 2 weeks to sort it out so an urgent reply is much appreciated. I obviously do not want to stay in the USA illegally after my 90 days if I cannot apply for the adjustment of status while I am here. I also do not want to go back home, but if that is my only option then so be it.

Edited April 5, 2010 by alanakaja1980

[nats6624 0]

Hi everyone,

I am hoping I can get a straight answer to our questions on here!

I am UK citizen who arrived in the USA on the visa waiver program in January 2010. I came over to visit my boyfriend (who is a US citizen). Unplanned, we decided to marry, so we did on the 1st March 2010.

We decided that I would live in the USA with him so we sent away the I-130 petition on 17th March 2010. We received the Notice of Approval (receipt) yesterday.

My 90 days, which I can only stay for under the VWP, expires on the 26th April. Is there a way in which I can stay here after my 90 days? Originally I was going to go back home to Scotland on the 20th April and go through the whole visa process, when the petition had been accepted, there. But there is no way we can be seperated for a few months. I have read about the Adjustment of status option. Am I correct in thinking that we can send off the I-485 form now? Do I have to send it off before my 90 day stay expires? or can I do it after then? I only have 2 weeks to sort it out so an urgent reply is much appreciated. I obviously do not want to stay in the USA illegally after my 90 days if I cannot apply for the adjustment of status while I am here. I also do not want to go back home, but if that is my only option then so be it.

Are you sure you already got approved for I-130 and not just noa1 stating they received your application? I am not sure if am correct someone will say if i am not but you should be able to be able to AOS and stay here. I am not sure though because you filed your I-130 separately from the I-485,your suppose to file them at the same time. If you did choose to file the AOS forms there 1010.00 plus whatever your medical would cost and you would not have to leave the states you would be able to stay. Someone is going to move your topic as well because it is in the wrong forum.

[Justine+David 218]

Likely you received your NOA1 rather than an approval. Overstays are generally forgiven with a marriage to a US citizen. However, there is no appeal process if you are denied at the interview stage because you are trying to adjust from the visa waiver program...you would be deported and have to start all over again.

[Laura & Kyle 16]

This post will definitely need to be moved.

That said, my husband is from Scotland and came over on the VWP and we got married and ended up filing for AOS. We were recently approved. Try to get your application in ASAP. You will need to get a medical done by a civil surgeon and you will most likely test false positive for the TB test (because of your previous vaccinations from the UK). You will then have to get an Xray if the Civil Surgeon directs you to. It took us a bit longer to do the Civil Surgeon than we were expecting but it all worked out in the end.

Send me a message if you'd like and I can try to help you out as much as possible since our situations are similar. In the meantime, pop on down to the Adjustment of Status from Tourist, Work, Student forum where people will be in similar situations as you. This forum (even though it says family based.. is for the K-1 visa-AOS process).

Laura

[Anh map 2,098]

- Moved from AOS Family Based to AOS Work, Student, Tourist -

[Bobby+Umit 161]

I would ensure that the AOS is filed prior to the VWP i-94 expiring.

Timing afterwards gets kinda funky - and may open you up to problems (with overstay).

You should of actually sent the 485 with the 130 - but that is in the past - so send it now.

[alanakaja1980 1]

Thanks for all your replies. Yes, I meant we had only received the Notice of Approval receipt of I-130 petition only, it has not been accepted yet. Do we have to wait until it is accepted to send of the I-485? or can be send the I-485 form off now (once I have had my medical) based on my pending I-130 petition?

[Laura & Kyle 16]

Send it now. I would attach a letter to it stating that you have previously filed for the I-130. I would send them a copy of your Notice of Action as proof.

[alanakaja1980 1]

Send it now. I would attach a letter to it stating that you have previously filed for the I-130. I would send them a copy of your Notice of Action as proof.

Laura, thanks you have been a great help One other thing, will it be a problem to apply for AOS with my I-94 90 day stay expiring on 26th April?

[Laura & Kyle 16]

Laura, thanks you have been a great help One other thing, will it be a problem to apply for AOS with my I-94 90 day stay expiring on 26th April?

I can't say for sure (nor can anyone else), that is why everyone here has said to try to file as soon as possible (especially before April 26th in your case). If you can't be sure to do so as soon as possible afterwards. There are no guarantees on the overstay being forgiven. That said, there are some here who have successfully done the AOS with an overstay from VWP. Every case is different and we don't know all the circumstances to your case. I'm not trying to worry you, but it is serious, and I was anxious trying to get all those forms and everything filled out perfectly. IF there are no other "red flag" kind of issues regarding your case, then hopefully things will go smoothly for you as they have for others. For me, it was a huge stressor trying to get all the forms and all done before Kyle's I-94 expired, but I did feel a tiny bit better knowing we had sent off the AOS application before that "deadline."

There are a few of us VWP->AOSers around... I hope some others will read your post and give you some feedback soon.

Laura

[alanakaja1980 1]

Ok thanks. I will be making an appointment for next week for my medical then will get the forms and documents off as soon as possible after then. One last question for now;

When my husband submitted the I-130 petition he stated my address as xxxx, Edinburgh, Scotland. When I submit the I-485 do I keep my address as my Scottish address or do I put my address as the one where I live now in the US? If I submit the I-485 form with my US address will this be a problem with regards to the 2 different addresses submitted on the 2 seperate forms? I hope this makes sense! I am in full on panic mode now!! I do not knpw why we didn't submit both forms at once!!

Edited April 5, 2010 by alanakaja1980

[besaangel 18]

Ok thanks. I will be making an appointment for next week for my medical then will get the forms and documents off as soon as possible after then. One last question for now;

When my husband submitted the I-130 petition he stated my address as xxxx, Edinburgh, Scotland. When I submit the I-485 do I keep my address as my Scottish address or do I put my address as the one where I live now in the US? If I submit the I-485 form with my US address will this be a problem with regards to the 2 different addresses submitted on the 2 seperate forms? I hope this makes sense! I am in full on panic mode now!! I do not knpw why we didn't submit both forms at once!!

If I am not mistaken, the G-325A should cover your concern. It asks for the addresses for the past 5 years, including present. Just read and fill out accordingly and properly, i.e. placing your present address first, then the address of your last residence. It also gives an option for last address outside the United States of more than one year, even if it is your address in Scotland.

Edited April 5, 2010 by besaangel

[Laura & Kyle 16]

Ok thanks. I will be making an appointment for next week for my medical then will get the forms and documents off as soon as possible after then. One last question for now;

When my husband submitted the I-130 petition he stated my address as xxxx, Edinburgh, Scotland. When I submit the I-485 do I keep my address as my Scottish address or do I put my address as the one where I live now in the US? If I submit the I-485 form with my US address will this be a problem with regards to the 2 different addresses submitted on the 2 seperate forms? I hope this makes sense! I am in full on panic mode now!! I do not knpw why we didn't submit both forms at once!!

The I-130 is filled out strictly by your husband, so it should have his address as the mailing location. You need to put your "current" address in the US as your address on the I-485. I would possibly try to contact the USCIS regarding your I-485 to make sure it is matched with your I-130 (although, i don't know how far you'll actually get.. but who knows.. they may be able to answer your question). There must be a way to get your cases matched up so it can be a concurrent filing of both the I-130 and the I-485.. I don't know how though. sorry!

edited to add.. i know you're not the only one to have filed the I-130 first without the I-485.. so there are people in a similar situation as you out there...

Edited April 5, 2010 by laura and kyle

[alanakaja1980 1]

With regards to the above, when my husband filed the petition he stated that my address was my address in Edinburgh, this was also put on the G-325A form. But now I will have to put my address as my US address on the I-495 form. I just phoned USCIS to see if this would cause any problems (ie 2 different addresses for me) and they said that my husband should put my change of address in writing to the lockbox where we submitted the petition. Does this sound right?

[lovelyalex 99]

I second what laura and kyle said! If you need any help, please just shoot me a PM.