Need sound advice! VWP 90 days runs out tomorrow

[ClydesdaleCouple 75]

In January (01/09/2012) my now husband came over for a visit so we could spend some time together. He is a British (Scottish)citizen and he is currently here on the visa waiver program. At this point we were just dating and he had a plane ticket to return home March 8th 2012. At this time I was employed full time, he had no issues at POE, and it was sincerely just intended to get us some extended time together. Well the night before he was meant to go home, we just decided to get married instead, as a romantic gesture. And we were officially married on March 23rd. It was after that which we furiously started to try to throw together some kind of plan to stay together after his VWP runs out. I am now unemployed HOWEVER, I do have more then enough saved up for the fees which will be incurred through this process. I am 23 and have been a student and dependent therefore haven't needed to file taxes in the past years,so my financial situation seems a bit sketchy right now.

We're attempting to file the i-130 and i-485, with the i-864. I don't think I will have a hard time becoming gainfully employed again very soon (only been out of work for a few weeks), and what I want to know is is it possible for us to wait till i'm employed again for a bit, (maybe a month or two), then file the papers and file for forgiveness of overstay or whatever its called.

I know that there are certain risks involved in trying to get AOS from the VWP but we feel that would be our best option. Does anyone else know otherwise? Can we wait to file till i'm employed again? Or even can I get someone else to sponsor within a week and not automatically be denied?

We would be filing at the Chicago Lockbox (from Peoria, IL)

Advice? Comments? anything that might be of use?

[Little_My 463]

It is never a good idea to overstay, and no one here is going to say anything but advice you to file as soon as humanely possible. VWP overstays have been particularly tricky, but from what I have picked up from conversations around these forums, it seems that VWP overstays are treated the same as other non-immigrant visa overstays when it comes to AOS - it is overlooked for spouses of US citizens.

If I were you, I would find a joint sponsor and file now. It seems like the best option to me. It's a tough economy, and you don't know how long it will take you to find a job - and, even if you do find a job and file immediately after that, USCIS might request further evidence of sufficient finances for the affidavit of support because your income is new and you can't show history of steady income.

[Darnell 8,478]

well, there's current income, to look at,

then prior year income, with IRS tax returns.

If you have great prior year income, and not need a joint-sponser , then I say file now, and chase after a job after you've filed.

Ultimately, the I-864 will be adjudicated LATER - if they not like your current income for current year when it's adjudicated, you'll be asked to provide MORE current info..

Good Luck !

[sulhaq 59]

Darnell has given you excellent advice. Your best option at the moment is to file immediately.

If you were consistently above the poverty guidelines, and can prove it through your 2011,2010 and 2009 tax returns, then do so immediately. If you cannot, I would start searching for a joint sponsor from this very moment.

Edited April 9, 2012 by sulhaq

[BethandBilly 86]

You said you haven't needed to file taxes due to being a dependent, if that is the case you are going to need a joint sponsor for your husbands AOS and you are going to need the co-sponsors tax returns for the last 3 years. You and the co-sponsor are going to need to prove that the income exceeds 125% of the poverty line for the household. Do not put off filing the AOS because you are looking for a job, jobs are scarce and you do not want your husband in overstay. Your husband is Scottish, does he have the long birth certificate with him? If not can he get it quickly? Have either of you been married before, if so you need copies of divorce decrees etc. Send me if a message if you need more info. Good Luck

[ceadsearc 515]

Just wanted to add, just because you were a dependent doesn't mean you did not have to file taxes. That is based on your income. Double check that you were indeed not required to file because otherwise you will need to first back file your taxes.

[SOflaherty 40]

While it's not the preferred method of doing things, I have been stalking this forum for 2 years(my own husband is a VWP overstay of nearly 2 years) and I have only seen one case have problems adjusting from VWP, and that was because they were with the San Diego office(there was confusion over the policy there last year, and VWP overstays were being denied, ONLY at that office). Everyone here will talk about intent, but the fact is I have yet to see a single report of anyone even being asked about it.

It sounds like your financial situation is the only thing that could trip you up, do you know anyone(family maybe?) who would be willing to co-sponsor? Once you file those papers the clock starts ticking to find someone or find a job where you make enough. They will RFE you for not making enough for the i-864 pretty quickly, and you'll have 80-someodd days to find a cosponsor or job. At least holding off with filing that countdown doesn't start right away. Overstaying sucks and will make your life stressful, but the upside is you'll be able to make sure your case is solid the first time before you send everything in.

It's ultimately up to you, and I wish you the best whichever way you go. If you decide to file right away, be sure to join us in the April filers thread! http://www.visajourney.com/forums/topic/360160-april-2012-aos-filers/

[Myopia 93]

VWP adjustments are adjudicated in the same way as regular adjustments now. It is based on merit meaning if you have all your papers in order, it should be a purely bureaucratic situation.

I would get a co sponsor and not risk filing before you have everything in order simply because the AOS from VW is a one shot deal. You don't get a second chance if denied and you don't want to get denied because of income.

On another note, P Town! I lived there for about 5 years! Best of luck.

[Mike Z 8]

one other thing to consider is if your husband is required to travel outside the US in the near future?

he can not leave the US until he receives the advanced parole document or until AOS is complete and you receive your greencard. (else application is considered abandoned)

Every case is different so just as examples based on recent posts in the timeline forums - expect at least 60 days until AP / 90 until interview.

some will question if its smart to do AP if you have an overstay - it becomes a bit of a moot point if time between getting the AP and the interview is so short anyway so one may as well wait.

But given the overstay <180 days it should be possible to use the AP if absolutely necessary. (again, different question if its smart or not to do so)

it makes sense to file sooner rather than later but its also more important to have a complete application.

if it takes 1-2 weeks longer to compile all documents, do so by all means, that trumps filing tomorrow with half the stuff missing.

best of luck

[Basee 2]

Not being an expert, I'd say file now. As in collect what is needed and file. Get a joint sponsor, file at least this years taxes even if it comes back 0... include bank statements etc if you think it will help. The longer it takes the harder it's going to be on your relationship. You not working, him not working, not being able to get home and see people he loves, you being thrown together in a living situation under each others feet 24/7 might seem like fun now... it will get old pdq under the circumstances.

Do yourself a huge favour, get all the guidance notes, prepare a package, do the medical, fill out your forms and send them off. Get the wheels turning...

[grrrrreat 109]

In January (01/09/2012) my now husband came over for a visit so we could spend some time together. He is a British (Scottish)citizen and he is currently here on the visa waiver program. At this point we were just dating and he had a plane ticket to return home March 8th 2012. At this time I was employed full time, he had no issues at POE, and it was sincerely just intended to get us some extended time together. Well the night before he was meant to go home, we just decided to get married instead, as a romantic gesture. And we were officially married on March 23rd. It was after that which we furiously started to try to throw together some kind of plan to stay together after his VWP runs out. I am now unemployed HOWEVER, I do have more then enough saved up for the fees which will be incurred through this process. I am 23 and have been a student and dependent therefore haven't needed to file taxes in the past years,so my financial situation seems a bit sketchy right now.

We're attempting to file the i-130 and i-485, with the i-864. I don't think I will have a hard time becoming gainfully employed again very soon (only been out of work for a few weeks), and what I want to know is is it possible for us to wait till i'm employed again for a bit, (maybe a month or two), then file the papers and file for forgiveness of overstay or whatever its called.

I know that there are certain risks involved in trying to get AOS from the VWP but we feel that would be our best option. Does anyone else know otherwise? Can we wait to file till i'm employed again? Or even can I get someone else to sponsor within a week and not automatically be denied?

We would be filing at the Chicago Lockbox (from Peoria, IL)

Advice? Comments? anything that might be of use?

Yes, you can file for AOS when everything's ready. With an overstay of more than 180 days, you won't be able to leave the U.S. even with advance parole, until you have a Green Card.