I came to the U.S. with Visa Waiver Program!!!

[phanna 0]

Hi. I came to the U.S. on July 20th with Visa Waiver Program. My now husband and I got married on August 15th and we are preparing paper for my green card. While we are filling out I-130 and I-485, we face the problem. Since I came here with VWP, I don't have I-94W. I heard that the people with VWP now don't hold I-94W, so I don't have any I-94W. The paper has the question about my I-94W. Should I leave it blank and write a letter to them to explain my situation? I'm pretty nervous about this process...

One more question! I am approved from VWP which approve me to travel the U.S. within 2 years. Therefore, I can travel to the U.S. anytime I want until May 24th, 2012. But I can only travel maximum 3 months in the U.S. So, I should leave from the U.S. within 3 months every time I visit the U.S. The paper asks me to write down when my visa will be expired. Should I write down 05/24/2012? or the date immigration officer wrote down on my passport which is 10/18/2010? I'm supposed to leave from here by 10/18, so I'm trying to send those paper asap. I'm so confused with these paper work.... :'(

Help me out pleaseeeeeeeee!!! Thanks in advance!

[belinda63 2,990]

If you leave without obtaining advance parole while your AOS is pending you will have been considered to have abandoned the AOS and will need to start over by filing the CR-1. If your AOS is denied, since you arrived on the VWP, you will have no opportunity to appeal and any overstay from the time you were supposed to leave until you do actually leave will count against you.

AS to the other questions someone will be along with answers soon I am sure.

[phanna 0]

If you leave without obtaining advance parole while your AOS is pending you will have been considered to have abandoned the AOS and will need to start over by filing the CR-1. If your AOS is denied, since you arrived on the VWP, you will have no opportunity to appeal and any overstay from the time you were supposed to leave until you do actually leave will count against you.

AS to the other questions someone will be along with answers soon I am sure.

I know I have no choice but leave I just want to fill out those question that I asked above. All I want is to fill this paper out and send it to them, so that I can prepare for next step. Thanks for making sure about that anyways!

[Boiler 43,851]

You do not have a visa so NA.

The form is also used for people who are adjusting in the USA from another visa.

The VWP is 90 days not 3 months. Can be important, if you intend re-visiting whilst waiting make sure you are oput for as long as you are in.

[sorchaine 10]

Are you preparing to file for the CR-1? I'm just curious as to why you say I-130 and I-485. I could be confused, but aren't those for two different things? I-130 for the CR-1 and the I-485 for AOS?

[ValerieA 350]

Since the OP has not overstayed, I don't understand why they cannot AOS? That is what they seem to have filed for.

OP, I do not know the answers to your questions, but if you are filing AOS, do NOT leave the US until you have your AP or your green card.

[phanna 0]

I'm trying to get my green card since I married my now husband. I thought I need to fill out I-130 and I-485. Don't I? And what would be my visa expired date? I am really confusedddddd

Edited August 20, 2010 by phanna

[sorchaine 10]

I guess from what I read you need to make sure you apply for your adjustment of status before your 90 days. Though what forms you need to file I'm not sure about, just make sure they are filed before the 90 days are up for the VWP. And I would suggest that after you file not to leave the country until you get the AP or green card.

[Dr Mirage 0]

I suggest you to get an immigration lawyer since you entered in a VWP.

There's an intent to get married and with using the VWP, you can get into trouble down the road.

So get an immigration lawyer.

[Nina and Erwin 16]

Hi. I came to the U.S. on July 20th with Visa Waiver Program. My now husband and I got married on August 15th and we are preparing paper for my green card. While we are filling out I-130 and I-485, we face the problem. Since I came here with VWP, I don't have I-94W. I heard that the people with VWP now don't hold I-94W, so I don't have any I-94W. The paper has the question about my I-94W. Should I leave it blank and write a letter to them to explain my situation? I'm pretty nervous about this process...

One more question! I am approved from VWP which approve me to travel the U.S. within 2 years. Therefore, I can travel to the U.S. anytime I want until May 24th, 2012. But I can only travel maximum 3 months in the U.S. So, I should leave from the U.S. within 3 months every time I visit the U.S. The paper asks me to write down when my visa will be expired. Should I write down 05/24/2012? or the date immigration officer wrote down on my passport which is 10/18/2010? I'm supposed to leave from here by 10/18, so I'm trying to send those paper asap. I'm so confused with these paper work.... :'(

Help me out pleaseeeeeeeee!!! Thanks in advance!

Leave by 10/18 Please! The VWP is flawed!!! Please see my situation.. its not the same.. BUT I am giving you a heads up..!! I am going to read you thread further.. but take heed. VWP has NO EXTENSION. Some have done just fine on here.. some have not.

I suggest you to get an immigration lawyer since you entered in a VWP.

There's an intent to get married and with using the VWP, you can get into trouble down the road.

So get an immigration lawyer.

Absolutely!!!! Lawyer.. a good one!! which is Expensive!!

[Nina and Erwin 16]

Since the OP has not overstayed, I don't understand why they cannot AOS? That is what they seem to have filed for.

OP, I do not know the answers to your questions, but if you are filing AOS, do NOT leave the US until you have your AP or your green card.

Not leaving is huge!! Staying is VERY risky.. I know when i talked to my lawyer.. that he stated that it is ALWAYS a possibility that even at the Interview of the AOS that if it is not before the expiration of the I-94 then he could be detained. The WVP has issues BIG issues.. Cause it is NOT at all like the other Visas.. cause hence.. it is NOT a visa. Its a Waiver of having a visa.. and you have NO RIGHTS NONE.. other visa if you are in detention then you came be release on bond, you can see a judge, you can request for appeal.. not the VWP.

[Darnell 8,478]

*** not a tourist visa question, moving to AOS forum ***

[Bl@ckRoSe 0]

Phanna,

Some replies make me confused to even want to try to answer your intended questions.

You don't need to have a lawyer, if your case is straightforward.

I had adjusted status from VWP. PM me if you have any questions or need any clarification regarding the forms.

[USUY2010 4]

There's a lot of confusing answers around here. First off, you don't have an I-94 that is for people who are traveling with visas. You do not have one.

When they ask you what kind of visa you have; you write VWP. And when they say which is your I-94; you just write N/A (Not applicable).

Traveling is not recommended while Adjusting Status (unless you have an advance parole document IN YOUR HAND). If your applications have not been approved and you leave it's like you're giving up on them and the process is canceled.

Do you need to leave? If so, my recommendation would be not to file for Adjustment of Status but to apply for CR-1. While applying for CR-1 you can come and visit all you want.

Another important thing that has been said is that when you're on the VWP you've got no right to appeal whichever decision is taken, so if your AOS is denied you'll have to go back home. (And there has been some talk lately of VWP not being accepted and being more and more delayed)

Last but not least, if your case is straightforward, as it has been said, you do not :Need: to hire a lawyer and spend tons of money, although it might be advisable if you're not so sure about what to do.

Hope this was useful. Happy filing!

[visacat 1]

The ESTA website recommends this if you have no I-94W

https://help.cbp.gov/app/answers/det...wtc3o3aw%3D%3D

It says to contact your local Deferred Inspection Site (DIS)

I do know of people who have had a sworn affidavit confirming they entered the country legally and did not receive a I-94W along with the photocopy of their stamp from their passport. Then I also know someone who has sent in a copy of their ESTA online application (this can be printed off when the online VWP application has been approved). These are pretty new cases so I cant tell you if either of them have been approved yet but as soon as I have any updates I will let you know.

Also your visa expire date will be the date on your passport stamp which looks to me from the dates you have supplied to be 10/18/2010. As other people have stated do not leave the country once you have submitted your AOS otherwise you will have to start the process over again.

Hope this helps