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Nooblord

Ended up overstaying VWP

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

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Nooblord Apprentice

Nooblord   10

Posted
Filed: Country: United Kingdom
 Timeline
Posted

Hello everyone, my name is Gabe. I am starting to get a bit nervous now about my AOS. I came to the US in March and my VWP ran out the 19th of June. While here, my girlfriend of 5 years and I decided to get married. We got married in May, within my VWP date and started filling out our paperwork. Because of an unexpected delay at the doctors office, and a 2 week delay on my X-rays coming back, I have overstayed my visa waiver. We are filing the paperwork this week and I wanted to know how much it will affect me that I have overstayed a few weeks. I would really appreciate any input! Thank you very much!

07/31/2012 - Filed I-485 & I-130 at Chicago Lockbox

08/03/2012 - Delivery confirmation at Chicago Lockbox

08/08/2012 - Receipt Notice Text/E-mail

08/21/2012 - Biometrics Appointment Notice Received

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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

http://www.visajourney.com/forums/topic/304622-uscis-have-finally-publicized-their-vwp-policy/

Shouldn't be an issue, especially with such a short overstay. Just remember that should your application be denied, on whatever grounds, you do not have the right to appeal the decision. In that case you would have to go back home and take the CR-1 route instead. But if you have your paperwork in order and it's not a particularly complicated case, you should be just fine.

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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ValerieA Experienced

ValerieA   350

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

Yes, what Little_My said. You should be fine.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Nooblord Apprentice

Nooblord   10

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

Than you very much for the replies! I also had a quick question again. Do I send a form G-325A for each form if in sending I-130 and I-485 together? So the wife And I would send 2 forms each or will one be enough if we are sending the forms together? Thanks!

07/31/2012 - Filed I-485 & I-130 at Chicago Lockbox

08/03/2012 - Delivery confirmation at Chicago Lockbox

08/08/2012 - Receipt Notice Text/E-mail

08/21/2012 - Biometrics Appointment Notice Received

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ChrisPG Collaborator

ChrisPG   30

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

Than you very much for the replies! I also had a quick question again. Do I send a form G-325A for each form if in sending I-130 and I-485 together? So the wife And I would send 2 forms each or will one be enough if we are sending the forms together? Thanks!

The USC completes one G-325A and the intending immigrant completes two G-325As. Please re-read the instructions to each form.

Edited by ChrisPG

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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SOflaherty Explorer

SOflaherty   40

Posted
Filed: Other Country: Ireland
 Timeline
Posted (edited)

Unless you get arrested or something, you have absolutely nothing to worry about. Once your package is accepted your overstay days are halted and you are considered in a period of authorized stay while your case is pending.

Edited by SOflaherty

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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Nooblord Apprentice

Nooblord   10

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

Thank you so much for everything. The only thing I'm having trouble with is the financial support aspect. My wife has just graduated college and has a nursing job starting the 23rd of this month. Would it be okay to send copies of her last few years W-2 and a copy of her contract? Or should I get a join-sponsor? With the joint sponsor, does my wife file an I-864 anyways?

07/31/2012 - Filed I-485 & I-130 at Chicago Lockbox

08/03/2012 - Delivery confirmation at Chicago Lockbox

08/08/2012 - Receipt Notice Text/E-mail

08/21/2012 - Biometrics Appointment Notice Received

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eelynlee Rookie

eelynlee   0

Posted
Filed: Timeline
Posted

Thank you so much for everything. The only thing I'm having trouble with is the financial support aspect. My wife has just graduated college and has a nursing job starting the 23rd of this month. Would it be okay to send copies of her last few years W-2 and a copy of her contract? Or should I get a join-sponsor? With the joint sponsor, does my wife file an I-864 anyways?

Yes, she will have to fill the I-864 and check a. The joint sponsor will check d.

I-130/AOS Timeline

07/05/12: Day 00: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

07/06/12: Day 01: Package delivered

07/10/12: Day 05: Notification that application is received

07/16/12: Day 11: NOA and Biometrics appointment (08/02) received

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