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ClydesdaleCouple

Need sound advice! VWP 90 days runs out tomorrow

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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?


From the time we submitted our forms till AOS approval (112 days).

 

Timeline:

January 9, 2012 : Arrived in the United States on VWP from Scotland to visit for a few months.
March 23, 2012 : Married in Pekin, IL
heart.gif
March 19, 2013 (day 1) : Forms sent into the Chicago Lockbox

March 26, 2013 (day 7) : NOA1 Reciepts for I-130, I-765, I-485; case accepted
April 4, 2013 (day 19) : Change of Address reciept
April 10, 2013 (day 25) : Biometrics appointment notice, appointment sent for April 23rd
April 15, 2013 (day 30) : RFE for I-485
April 23, 2013 (day 38) : Biometrics appointment in Naperville, IL. Super easy, no wait.
April 28 2013 (day 43) : Receipt of Evidence
May 5, 2013 (day 47) : Interview appointment to be scheduled

May 11, 2013 (day 53) : Interview set for July 9, 2013

May 27, 2013 (day 69): EAD has been ordered/sent out

June 6, 2013 (day 79): recieved EAD, applied for SSN

June 14, 2013 (day 87): Recieved SSN

July 1, 2013 (day 104): HIRED!!! (two jobs I might add!!))

July 9, 2013 (Day 112): AOS Interview @Chicago Office, APPROVED ON THE SPOT!!!

July 10, 2013 (Day 113): Illinois Drivers License!!!

July 12,2013 (Day 115): GC Production ordered

July 17, 2013 (Day 120): Green Card Recieved!!!

TWO LOVELY YEARS (July 2013 - October 2015)

October 27, 2015 (Day 1 ROC): Sent ROC packet with fee waiver and late explaination

November 11, 2015 (Day 15 ROC): Packet Denied based on lack of evidence for fee waiver

December 22nd, 2016 (Day 1 restart ROC): Packet resubmitted with better evidence

January 23rd, 2017 (Day 32 since restart ROC): Packet accepted and fee waiver approved

 

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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.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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 !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

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 by sulhaq

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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 :thumbs:

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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.


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

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Filed: Other Country: Ireland
Timeline

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/


Our Journey

6/6/2007 Met online

12/05/2007 Realized I was nuts about him!

01/19/2008 Confessed...and he felt the same <3

05/01/2008 Met in person in Chicago

5/2008-5/2010 Umpteen visits between Ireland and US

6/19/2010 Got married!

04/06/2012 Finally able to send paperwork for AOS!

(Day 1)04/11/2012 Papers arrived at Chicago lockbox and signed for.

(Day 3)04/13/2012 Email confirmations!

(Day 7)04/17/2012 NOA hard copies received.

(Day 10)04/20/2012 Biometrics appt received for 05/07/2012

(Day 27)05/07/2012 Biometrics

(Day 65)06/15/2012 EAD approval email

(Day 69)06/19/2012 Interview notice!!! 07/24/2012!!

(Day 75)06/25/2012 EAD arrives.

(Day 104)07/24/2012 Interview in Atlanta....Approved!!!

Expecting a baby boy 8/9/2013!

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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.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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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


21/2 - received NOA in mail for all 4 (130/485/765/131)

23/3 - biometrics scheduled -> did "early" walk-in on 21 March

06/4 - received email update, interview scheduled for 7th May

27/4 - received EAD

08/5 - email: approval one day after interview (7th May)

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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...


03/05/12 (Day 01) Sent package

03/08/12 (Day 03) Package received

03/16/12 (Day 11) Bio Appt recieved

03/17/12 (Day 12) NOA received

03/19/12 (Day 14) Early Bio walk in

03/26/12 (Day 21) RFE notification

03/28/12 (Day 23) RFE returned

04/09/12 (Day 36) Original Bio date

04/20/12 (Day 47) Interview Appt recieved

05/03/12 (Day 60) EAD Approved

05/08/12 (Day 65) 2nd Approval

05/09/12 (Day 66) EAD Mailed

05/10/12 (Day 67) USPS picked up card

05/11/12 (Day 68) EAD in hand

05/23/12 (Day 79) Interview

ticker.png

ticker.png

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Filed: Timeline

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.

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