worried on aos

[mhaye 2]

good day vjers! i'm new here, actually just signed up minutes ago.. i read lots of posts that find me helpful on my case.but still need a little help.;(

i got married this month,feb 2011, with a u.s. citizen,he is also 24 yrs of age.. i'm an out-of-status visitor. it expired last july 2010. i have all the necessary docs for the aos but will apply aos next month coz i'm afraid uscis will think i'm in a hurry to file if i file right away.. and might deny my application.. My husband just graduated college last 2009, and got his first and current job last jan 2010. I'm afraid uscis will deny my adjustment of status coz we both are young and uscis might think my husband couldn't support me coz he's young and he has only one tax return to be submitted, year 2010. Would that be a problem? Please advice.

and one thing, i have an unpaid loan in my home country, would that be a problem on my aos? please help. coz i'm really scared my unpaid loan would affect my aos..;(.. would that also affect my biometric result? ;( thanks.

[amykathleen2005 441]

I am the USC and I am 23, so don't worry about being too young. You can file now for AOS, it has been a long time since you arrived (hopefully not by visa waiver). Current income is most important but you can get a cosponsor if you like. The unpaid loan shouldn't be a problem.

[jkelly07 120]

the loans are not a problem, your age is ok your over the age limit, they are looking for the most recent taxes, or job , paystubs you have to show you have the proverty guide lines, if you don't. then look for a co sponsor,

[Brother Hesekiel 2,235]

Nobody can give you any meaningful advice before you tell us if you entered the US with a visa (if so, with which one?) or without one as part of the Visa Waiver program.

Edited February 28, 2011 by Just Bob

[britnick77 0]

I am the USC and I am 23, so don't worry about being too young. You can file now for AOS, it has been a long time since you arrived (hopefully not by visa waiver). Current income is most important but you can get a cosponsor if you like. The unpaid loan shouldn't be a problem.

Why not by visa waiver?

[Haarp425 26]

Why not by visa waiver?

Waiver of Rights

Aliens entering the United States under the VWP must waive any right otherwise provided in the Immigration and Nationality Act:

To administrative review or appeal of an immigration officer's determination as to their admissibility; and

To contest any action for deportation;

other than on the basis of an application for asylum in the United States as provided in INA §208.

Limitation on Period of Stay, Changes of Status, and Adjustment of Status

A person admitted under the VWP cannot be authorized to remain in the United States longer than 90 days, except that, in emergency situations the District INS Director may permit satisfactory departure within another thirty days without a violation of status. VWP aliens may not change nonimmigrant status within the United States under INS §248 and may not adjust status to permanent residence within the United States under INA §245, unless they are the immediate relative of a U.S. citizen, or pay the penalty fee pursuant to the provisions of INA §245(i) [Note: INA §245(i) has expired but some grandfathered aliens may still be entitled to use it].

Read this too: http://www.visajourney.com/forums/topic/256244-adjustment-of-status-from-visa-waiver-program-marriage-based/

[Mrstate 1]

I am also out of status for a long time, my husband and I got married in 2008 and he is a USC, I advice if you are married in good faith you have nothing to worry as all the question they will ask, you probably know the answer, my husband just also started working in Jan. and cannot show any Tax forms, we ask his employer a letter stating how much he makes and an estimated annual salary and when he was hired, it has to be on a company letter head, you will also need a joint sponsor. I suggest start gathering all the paper works you need as this may take sometime, Best wishes to you and your husband.

[amykathleen2005 441]

Why not by visa waiver?

Because they have been here several months after their stay expired meaning that if they applied for AOS based on a VWP entrance they would be denied without the right of appeal and sent right back home with a ban and no longer able to use VWP ever again.

[britnick77 0]

ok, does anybody know alot more about this? i read a little and I am still confused.

I filed a while ago, back in december, and my case seems to be held up. This may be the reason.

I arrived about 10 years ago as a child, on the VWP. went to school and etc. recently got married, and began the AOS process. Does this mean my application will be denied and i will be deportable?

[Myopia 93]

ok, does anybody know alot more about this? i read a little and I am still confused.

I filed a while ago, back in december, and my case seems to be held up. This may be the reason.

I arrived about 10 years ago as a child, on the VWP. went to school and etc. recently got married, and began the AOS process. Does this mean my application will be denied and i will be deportable?

Depending on where you are in the US, you may or may not encounter problems.

Before everyone get's you all riled up where are you in the US?

[britnick77 0]

Depending on where you are in the US, you may or may not encounter problems.

Before everyone get's you all riled up where are you in the US?

Texas - 5th circuit court.

[Myopia 93]

Texas - 5th circuit court.

Thanks.

Generally speaking the 5th circuit is one of the circuits that currently hold that any one that overstays on the Visa Waiver Program does not have the right to have their application adjusted.

We talked about it here in this thread Which States Are Denying.

There are several states that are denying VWP adjustment, others that are adjusting at this time(As far as we know) and others that are placing them on hold.

At this point there is not a lot you can do as the application has been filed.

I can only speculate at this point and say that perhaps there is a small possibility that your case is on hold which is why you have not had a straight denial yet. They may not know how to proceed with your case at the district office so rather than proceed with biometrics etc, it is just on hold at the stage that it is at. It may be that they are backed up (As you mentioned in your other thread) and they may not have gotten to you yet. Have you tried making an infopass appointment to see what is going on?

At this point no news is good news for you. You will have time to think about what you will do if you do have to leave the US as in your district there is no appealing a denial.

It is a possibility for all of us who overstayed on the VWP and are filing to adjust status.

Maybe others in the district that you are in will pipe in with information about what exactly is going on there in Dallas.

[britnick77 0]

Thanks.

Generally speaking the 5th circuit is one of the circuits that currently hold that any one that overstays on the Visa Waiver Program does not have the right to have their application adjusted.

We talked about it here in this thread Which States Are Denying.

There are several states that are denying VWP adjustment, others that are adjusting at this time(As far as we know) and others that are placing them on hold.

At this point there is not a lot you can do as the application has been filed.

I can only speculate at this point and say that perhaps there is a small possibility that your case is on hold which is why you have not had a straight denial yet. They may not know how to proceed with your case at the district office so rather than proceed with biometrics etc, it is just on hold at the stage that it is at. It may be that they are backed up (As you mentioned in your other thread) and they may not have gotten to you yet. Have you tried making an infopass appointment to see what is going on?

At this point no news is good news for you. You will have time to think about what you will do if you do have to leave the US as in your district there is no appealing a denial.

It is a possibility for all of us who overstayed on the VWP and are filing to adjust status.

Maybe others in the district that you are in will pipe in with information about what exactly is going on there in Dallas.

wow, thanks for your responses. I just completed my biometrics. Do you believe I will be able to receive an EAD to work atleast?

[Myopia 93]

wow, thanks for your responses. I just completed my biometrics. Do you believe I will be able to receive an EAD to work atleast?

I haven't heard of anyone who was denied or had their application held pending not being able to get the EAD. The problem was after interview where they were denied adjustment for overstaying the VWP or their application is currently pending adjustment.

[britnick77 0]

I haven't heard of anyone who was denied or had their application held pending not being able to get the EAD. The problem was after interview where they were denied adjustment for overstaying the VWP or their application is currently pending adjustment.

know of any deportation orders?