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HELP!!!! Married on a visa waiver program!

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HELP!!!

My husband and I were married July 24th, we are deeply in love and decided that we didn't want him to go back to the UK. He is here on the visa waiver program. We planned a wedding within 2 weeks, and had friends and family there. We have all the necessary paperwork filed for the I-130 and I-485, but the problem is the PASTOR mailed our license to the county we live and its still being processed there! They won't speed up the filing at the county, I've tried calling and they said it will still be a few weeks. This will put us past the day he should be leaving, 90 days when he arrived here, which is August 15th. Not sure what to do? Since we got married before the 90 days, are we ok? I know the visa waiver program is strict. We are just waiting to receive the certificate. Otherwise, should we send it all the forms for immigration, describing our situation and that we will send the certicate immediately when its available? I don't want him deported :( Any help would be appreciated!!

Trisha in Minnesota

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HELP!!!

My husband and I were married July 24th, we are deeply in love and decided that we didn't want him to go back to the UK. He is here on the visa waiver program. We planned a wedding within 2 weeks, and had friends and family there. We have all the necessary paperwork filed for the I-130 and I-485, but the problem is the PASTOR mailed our license to the county we live and its still being processed there! They won't speed up the filing at the county, I've tried calling and they said it will still be a few weeks. This will put us past the day he should be leaving, 90 days when he arrived here, which is August 15th. Not sure what to do? Since we got married before the 90 days, are we ok? I know the visa waiver program is strict. We are just waiting to receive the certificate. Otherwise, should we send it all the forms for immigration, describing our situation and that we will send the certicate immediately when its available? I don't want him deported :( Any help would be appreciated!!

Trisha in Minnesota

Getting married within 90 days does not change anything - he will out of status regardless of marriage, which will change once you receive NOA1 for your AOS package. Do not send anything without marriage certificate, since long term this will probably cause more trouble and make process longer. Wait for certificate and send the package out, meantime make sure it is all OK and checks are for correct amount. While he will be out of status, he would have very (un)lucky to get deported with that little overstay,

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He will be fine. Although technically out-of-status he will not be removed because he is eligible for adjustment of status.

Edited by Rich&Vero

"A man who lives within his means, suffers from a lack of imagination"

~Oscar Wilde

Timeline:

07/18/2011 - Mailed I-129F Petition

07/21/2011 - NOA1

10/18/2011 - NOA2

11/14/2011 - Packet 3 Received

02/14/2012 - Interview (3 months?!?!)

03/02/2012 - Passport w/ K1 received!

03/03/2012 - WHAT'S TAKING SO LONG??!!

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Moving to AOS from tourist, student, work visa.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Trisha, don't worry! Overstaying for less than 180 days is called "a grace period" AND there isn't "a timeline" for AOS anyway.

Your wrong, that is only if he came over on a K1. He came over on the VWP which is totally different. There can be so many complications for people marrying then attempting to adjusting status. As they married within 2 weeks of him arriving, he may get a lot of questions thrown at him.

First of all he can't AOS until the I-130 is approved.

Edited by william_wallace

beach_1_001.jpg

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Not sure what you mean, but he obviously can do concurrent filing (send I-130 together with I-485 at the same time).

Yes they can, but they married 2 weeks after he entered on the VWP. He may have to answer that this wasn't immigration intent. Anyone who marries within 2 weeks of entering and wants to stay,is going to look rather suspicious, well it does to me anyway. They would have been better of if they married 2 months down the line.


beach_1_001.jpg

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Yes they can, but they married 2 weeks after he entered on the VWP. He may have to answer that this wasn't immigration intent. Anyone who marries within 2 weeks of entering and wants to stay,is going to look rather suspicious, well it does to me anyway. They would have been better of if they married 2 months down the line.

I completely agree. This looks like he entered the US on the VWP with the intent to marry and adjust his status. This is illegal. If he can prove that he did not have the intent, then he might be okay. Did he quit his job? Did he close bank accounts? Did he end a lease? These are questions that will come up in his interview for legal permanent residency.

In addition, he cannot appeal any decisions since he entered on the VWP.

A consultation with an attorney is recommend if you go through with the adjustment of status. There have been reports that people entering the US on the VWP who marry and try to adjust are being scrutinized to see if they had the intent to immigrate.

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Actually, we didn't marry until 2 months after he got here. To add, I was still technically married to someone else web he arrived (I had been separated for 6 months) and after my current husband arrived last time, I filed for divorce and my divorce was final after about 6 weeks. 2 weeks after my divorce was finalized, I got remarried in a small ceremony with friends and family. We didn't plan on getting married when he arrived in may because I was obviously already still technically married. Since it was final so quick, we decided to get married while he was here, we didn't want to part, and we love each other dearly. There was no intend to marry when he got here in may. He was going back to the uk in July, but cancelled the flight and we got married. Don't you think this would clear us that we didn't intend to marry when he arrived?

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Everyone needs to stop making these people worry. I came over on a VWP and married within two months. The fact you were accepted on the VWP means they trust you enough anyways. Also I came from the uk also. My interviewing officer simply asked how we met. That's it. She also said that because im from the uk, it makes it a lot easier to believe, since I didn't come from some third world country originally. The best thing you can do is file for the aos and send everything together. It was also the first time me and my wife met.

Please don't let all of these people who post , " this is really bad you may get checked get checked for fraud" etc... Worry you. Just go with it all. Get your license and send it all off as soon as possible.

Good luck!!!


2005: Met my wife online, "Habbo Hotel" instantly became friends.

2007: Lost contact with her, as we both lived thousands of miles away.

2010: Regained contact with her, again instantly became best friends.

~At this point we'd talked about visiting the others country~

ADJUSTMENT OF STATUS TIMELINE

October 16th 2010: Landed at JFK INTERNATIONAL TERMINAL 2 under Visa Waiver Program.

October 17th 2010: Nicole (now my wife) took me to manhattan and treat me like no other.

November 13th 2010: Got Engaged!

December 17th 2010: We got married!

January 14th 2011: VISA EXPIRED (No AOS papers sent yet)

February 20th 2011: Filed for AOS (Sent in I-130 / I-864 / I-485)

March 7th 2011: Received NOA for I-130 / I-485

March 18th 2011: Biometrics taken

March 26th 2011: RFE MEDICAL

April 12th 2011: Medical Sent (ouch the needles)

April 18th 2011: Medical received my USCIS

April 30th 2011: I-765 (Employment Authorization Documentation) Sent

May 4th 2011: Rejection notice I-765 (I forgot to tick "applying for first card" at top of application)

May 9th 2011: New receipt for I-765 received

June 10th 2011: INTERVIEW DATE / JULY 13th 2011

June 15th 2011: EAD CARD PRODUCTION ORDERED

June 20th 2011: EAD CARD IN HAND

June 22nd 2011: SSN APPLIED

June 24th 2011: SSN IN HAND

July 13th 2011: Adjustment of Status Interview (A P P R O V E D)

July 13th 2011: Email confirmation Card Production Ordered

July 18th 2011: Second email confirmation Card Production Ordered (-.-)

July 19th 2011: Post Decision Activity

July 23rd 2011: Green Card Arrived!!!

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Everyone needs to stop making these people worry. I came over on a VWP and married within two months. The fact you were accepted on the VWP means they trust you enough anyways. Also I came from the uk also. My interviewing officer simply asked how we met. That's it. She also said that because im from the uk, it makes it a lot easier to believe, since I didn't come from some third world country originally. The best thing you can do is file for the aos and send everything together. It was also the first time me and my wife met.

Please don't let all of these people who post , " this is really bad you may get checked get checked for fraud" etc... Worry you. Just go with it all. Get your license and send it all off as soon as possible.

Good luck!!!

Ben, had the OP just decided to get married on the VWP I would be on your side. However, having a recent divorce and new marriage is a huge red flag for USCIS. This person got married 2 weeks after their divorce, and their "visiting holiday" coincided with the date in which the divorce would be final. Even given the fact that intent is not enough to deny an AOS petition by itself, intent plus a very recent divorce might be. Every case is not like yours, and this ones seems to be quite different.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I just wanted to that I hadn't even FILED for divorce when my current husband arrived in may. A couple weeks after he arrived, I filled out the papers and submitted them and because the divorce was amicable with no children, it was finalized way quicker than I was expecting. It was only when I found out my divorce was final that we just decided to get married quickly because we didn't want to part. He had been back and forth about 4-5 times previously, visiting for weeks/months at a time.

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Actually, we didn't marry until 2 months after he got here. To add, I was still technically married to someone else web he arrived (I had been separated for 6 months) and after my current husband arrived last time, I filed for divorce and my divorce was final after about 6 weeks. 2 weeks after my divorce was finalized, I got remarried in a small ceremony with friends and family. We didn't plan on getting married when he arrived in may because I was obviously already still technically married. Since it was final so quick, we decided to get married while he was here, we didn't want to part, and we love each other dearly. There was no intend to marry when he got here in may. He was going back to the uk in July, but cancelled the flight and we got married. Don't you think this would clear us that we didn't intend to marry when he arrived?

No. A person entering on the VWP can only stay 90 days in the US and the stay cannot be extended. This person will need to provide proof that he/she intends to leave the US when the authorized period is over in order to be admitted to the US. Generally, the proof is a return ticket. This person would not be admitted into the US if he/she couldn't produce a return ticket. So having a return ticket in no way proves that a person did not have the intent to immigrate by circumventing immigration laws. A person intent on immigrating and circumventing the immigration laws would need a return ticket just to get admitted into the US.

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