Jump to content
contreras86

Adjustment of status VWP Expired

By contreras86 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

26 posts in this topic

Recommended Posts

contreras86 Rookie

contreras86   1

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Hello Everyone, first of all thank you for reading my post. I feel frustrated and I need help! I met my husband online he came to visit me and then I went to England to visit his family then we came back to the US together (different flights)

We got married almost 2 months after he arrived, and we sent the AOS package late (2 days late + it was thanksgiving holiday) However they returned the package to us because we made a minor mistake on the check, and we're supposed to re-send, we already have a case status and everything but we're about to send the package back next week because we don't have all the money yet. My question is is he going to be denied because he was already out of status? my co-sponsor meets all the requirements but she's currently loosing her house and she haves a very bad credit history!

Please help me, I feel very anxious and I'm about to have a nervous breakdown :(

Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

No, he won't be denied because he is out of status. Thanksgiving was quite a long time ago.

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

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

Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

As per my understanding, using VWP, one can't adjust the status. VWP has some limitation.

You are mistaken.

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

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

Link to comment
Share on other sites
EM_Vandaveer Experienced

EM_Vandaveer   2,377

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

You can AOS from VWP if you are an immediate relative (spouse, child or parent) of a USC.

However, in the unlikely event that they deny it, you have to leave and (if it was denied without prejudice) apply from your home country (having to pay for it twice that way).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites
jdh Community Regular

jdh   103

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

As per my understanding, using VWP, one can't adjust the status. VWP has some limitation.

Why do people keep trying to say these kinds of things...it plants doubt in minds. If you don't know 100%, please look it up before saying it.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Link to comment
Share on other sites
misswiss Explorer

misswiss   6

Posted
Filed: AOS (pnd) Country: Switzerland
 Timeline
Posted

i adjusted successfully after 4 years overstay. i am married to a Us citizen and we had no rfe or issues approved in 4 months.

mj92vv4eoa21.png

10/03/11 Mailed package AOS from VWP 4 years overstay (i-485,i-130,i-765, i-864 and i-693) to the Chicago lockbox

10/06/11 Delivered to USCIS

10/07/11 Checks cashed 1490$ from personal bank account

10/10/11 Received NOA's for i-130, i-765 and i-485

10/15/11 Biometrics appt received dated for 11/04/11

11/04/11 Biometrics successful!! took about 10 mins

12/01/11 EAD Approved!!! (in 58 days)

12/08/11 EAD received.

12/12/11 Applied for a Social Security card/number.

12/16/11 Received a Social security card/number.

12/22/11 Interview notice received for Jan 23 2012.

01/23/12 Interview in Atlanta..APPROVED on the spot!

02/02/12 Green card received in the mail! DONE! :D

Link to comment
Share on other sites
EM_Vandaveer Experienced

EM_Vandaveer   2,377

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Same here. Adjusted from VWP. It took 3 and a half months from mailing the forms. No RFEs, no issues (and no intent at POE LOL)

:thumbs:

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites
Laure&Colin Proficient

Laure&Colin   479

Posted
Filed: Citizen (apr) Country: France
 Timeline
Posted

Why do people keep trying to say these kinds of things...it plants doubt in minds. If you don't know 100%, please look it up before saying it.

Maybe because that's what the law says? Read the information on VWP on the Department of State website, it clearly says you can't seek adjustment.

The fact is that USCIS doesn't seem to know...

CR1 Visa

USCIS STAGE: 16 days No expedite request but USC residing abroad
NVC STAGE: 19 days from case # to case complete
03/27/12: interview at Paris embassy - APPROVED
04/12/12: POE San Diego

ROC
01/15/14: sent I-751 application

05/14/14: received card production notification by e-mail, approval date 05/13

Naturalization

02/01/24: N-400 submitted online; Biometrics reuse notice received immediately online; "case being actively reviewed" after a couple hours

02/09/24: received NOA1 by mail

02/10/24: received biometrics reuse notice by mail

04/08/24: interview scheduled for 05/14. Received "We have taken an action in your case" email.

05/14/24: approved at interview, same-day oath ceremony in San Francisco 🥳 🇺🇸

Link to comment
Share on other sites
Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Maybe because that's what the law says? Read the information on VWP on the Department of State website, it clearly says you can't seek adjustment.

The fact is that USCIS doesn't seem to know...

USCIS is following the rules of the AOS - if you came into the US legally, you can marry and AOS with an USC.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites
Pompey Boy! Rookie

Pompey Boy!   0

Posted
Filed: AOS (pnd) Country: England
 Timeline
Posted

Good luck - as you can see from my signature we did the same thing. We were a few days late filing as we had to wait to receive certified copy of marriage certificate. Had notice of Employment Authorisation and Advanced Parole yesterday so despite the comments here it is possible to adjust from VWP. The only issue you have is down to your intentions (well his) when he entered the country. If he intended to marry you then it is classed as visa fraud although as I understand it the burden of proof sits with USCIS and not you!

9-1-90 Met future wife I was High School Exchange Student

12-1-10 Worked in FL and spent a week in VA and met old "friend"

2-13-11 Back to VA to spend time with "friend"

10-13-11 Back again to spend more time together

12-24-11 Proposed

12-31-11 Married

1-11-12 VWP expired, still waiting on certified marriage copy

1-14-12 Mailed AOS i-485,i-130 package to Chicago Drop Box

1-16-12 Confirmation of package receipt from USPS

1-20-12 Email and Text received from Chicago

1-21-12 Cheque cashed! (Didn't hang around with that one!)

1-24-12 I-797s received in mail *4 (in 4 envelopes (explain that logic!))

2-03-12 RFE received Tax return 2011

2-03-12 RFE received for income levels

2-09-12 RFE returned

2-13-12 Biometrics letter received

2-24-12 Biometrics appointment Norfolk, VA (in and out in under 5 minutes!)

3-13-12 Email notice that I-131 and I-765 (AP and EAD) approved and production under way

3-21-12 Combo card (AP and EAD)received in mail

4-08-12 Notice of AOS Interview May 9th at Norfolk, VA office

5-09-12 Interview at Norfolk, VA. Case recommended for approval

5-09-12 Email received confirming case has been approved!

5-17-12 2 year green card received via USPS

Link to comment
Share on other sites
ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Maybe because that's what the law says? Read the information on VWP on the Department of State website, it clearly says you can't seek adjustment.

The fact is that USCIS doesn't seem to know...

You can't use VWP for the intent of coming and adjusting status. That is illegal. If you come on VWP and circumstances change and you did not have intent upon entry, you can adjust. It's perfectly legal.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Maybe because that's what the law says? Read the information on VWP on the Department of State website, it clearly says you can't seek adjustment.

The fact is that USCIS doesn't seem to know...

VWP cannot adjust unless you are an immediate relative of a USC. As always, you cannot intend to adjust status when entering on a non-immigrant visa.

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

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

Link to comment
Share on other sites
jdh Community Regular

jdh   103

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

You can't use VWP for the intent of coming and adjusting status. That is illegal. If you come on VWP and circumstances change and you did not have intent upon entry, you can adjust. It's perfectly legal.

It has also been proven by many cases on here and is listed in the field manual that intent is not reason to deny providing there are no other adverse circumstances.

So again...not only is it legal to AOS on a VWP but when it comes to marrying a US citizen it does not even matter the intent.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...