VWP AOS help

[AKiwi02 0]

I've been a reader of this website for a little while now.

It's a great website with lots of helpful friendly people. This is my first post as all the other information I've ever needed has been readily avaliable to read from all the courteous members helping other people out. I've run into one question thats been a little hard for me to track down on VisaJourney and was wondering if someone might please be able to help me with the issue.

I'm from Australia, my girlfriend (at the time) and I met about 3 years ago and spent the past few years traveling backwards and forwards (she is a US citizen). I came to the US earlier this year on the Visa Waiver Program(VWP) and as the time got closer for me to leave we decided we have had enough of being apart. We were on a roadtrip headed for LA so I could catch my flight back to Australia and decided to get married in Vegas. We don't want to be apart anymore. I still had 3 weeks till I had to leave. So we got married, turned around and came back home to her place, filled out the paper work for adjustment of status. We sent in the paper work a week ago the 10th of August. We still have not heard anyword from USCIS about the paper work. We know its been delivered but thats about it.

The question my wife and I have is:

My VWP (i-94 form) is dated till August 21 2010, Saturday.

Am I able to overstay at all till we have heard about the paper work or will there be penalties if I do so?

If I don't stay, they cash the checks and I will already be out of the US so all the paperwork and money becomes void. If I do stay do we risk any penalites that could ban me from the US?

Thanks for any help anyone can give us.

[engineer21 51]

I've been a reader of this website for a little while now.

It's a great website with lots of helpful friendly people. This is my first post as all the other information I've ever needed has been readily avaliable to read from all the courteous members helping other people out. I've run into one question thats been a little hard for me to track down on VisaJourney and was wondering if someone might please be able to help me with the issue.

I'm from Australia, my girlfriend (at the time) and I met about 3 years ago and spent the past few years traveling backwards and forwards (she is a US citizen). I came to the US earlier this year on the Visa Waiver Program(VWP) and as the time got closer for me to leave we decided we have had enough of being apart. We were on a roadtrip headed for LA so I could catch my flight back to Australia and decided to get married in Vegas. We don't want to be apart anymore. I still had 3 weeks till I had to leave. So we got married, turned around and came back home to her place, filled out the paper work for adjustment of status. We sent in the paper work a week ago the 10th of August. We still have not heard anyword from USCIS about the paper work. We know its been delivered but thats about it.

The question my wife and I have is:

My VWP (i-94 form) is dated till August 21 2010, Saturday.

Am I able to overstay at all till we have heard about the paper work or will there be penalties if I do so?

If I don't stay, they cash the checks and I will already be out of the US so all the paperwork and money becomes void. If I do stay do we risk any penalites that could ban me from the US?

Thanks for any help anyone can give us.

You should be fine, and judging from the date, you should get your NOAs in the mail soon.

Did you send in the g-1145 with the rest of your forms so you can get notification that they've received everything + your case numbers?

Don't leave the US, because they will consider your AOS application abandoned, and yes, they'll keep the $$

Once you get the NOAs you are allowed to be in the US as an adjustment applicant eventhough your i-94 is expiring.

Good luck!!

[AKiwi02 0]

Thanks for the hasty reply.

We did fill out the G-1145.

I'm not sure I made my question very clear.

What happens if we don't get the NOA till after my I-94 expiration date?

What we are really worried about is receiving the NOA before August 21st when my I-94 expires, If we don't get it before then I could possibly be considered an over stay and worried about the possibility of a penalty.

Edited August 17, 2010 by AKiwi02

[Deputy Purple 1,294]

Re possible overstay:

1. There is no real penalty for overstay until you hit the 180 day mark (3 year re-entry ban).

2. Once AOS is approved then any overstay is forgiven.

So if there is a slight "Out-of-Status" period of a week or two it will not impact your process.

[VanessaTony 3,567]

Re possible overstay:

1. There is no real penalty for overstay until you hit the 180 day mark (3 year re-entry ban).

2. Once AOS is approved then any overstay is forgiven.

So if there is a slight "Out-of-Status" period of a week or two it will not impact your process.

Agreed. Have you received any text messages or emails about them receiving the parcel and giving you NOAs? Or are you still waiting on those as as well? Or, are you simply waiting for the paper version? You sent off an I-130 and I-485 packet right and sent it to Chicago?

[AKiwi02 0]

Thank you again for the fast responses.

Yes we sent the I-485 and the I-130 together to Chicago. It was recieved on the 11th of August.

We are waiting for ANY word from them.

We haven't recieved a text, email or hard copy.

I know it's probably too soon to expect a reply but we were just worried because the I-94 expires Saturday.

[trillium13 84]

You have already filed, so you shouldn't leave, as you will then have to start all over with a different visa. I wouldn't think that a few days of overstay would become an issue.

Barring any issues with your submission, I would expect that your checks will be cashed and you will be seeing your first notice soon. Keep an eye on your bank account.

I am assuming you sent all the supporting documents as well, not just the I130/I485?

Edited August 18, 2010 by trillium13