Adjustment of status under visa waiver program

[Americandarling 0]

I filed the cr1 for my husband in November and it was finally approved and sent to the nvc in May. we finally got a request to submit our affidavit of support at the end of June. My husband came to visit me for a few weeks in May for graduation. However, one day before he was supposed to fly home, he got very sick and didn't feel comfortable flying a long distance in that condition. Instead he planned on leaving at the end of the 90 day visa waiver period.

We talked to an attorney before we sent in the affidavit of support and she expressed surprise that he wasn't adjusting his status. We didnt even realize that was an option with the cr1 visa but after looking at the fee, we decided to stick with our current method. We had already sent the affidavit of support and the fee to the nvc. Then we started looking at flights to fly back to England and realized we didn't take the Olympics into account. All of a sudden, an adjustment of status made sense.

We called both the nvc and the uscis offices to find out if we could and it seemed like it was fine since he never had the intent to stay when he first came this visit. We just finished with the medical stuff but we have gotten no response from the nvc about sending our affidavit of support back to us or onto the uscis. Therefore, we are going to have to get all of the documents together again. We won't be able to send it until 11 days before his vwp runs out. Are we going to be okay?

I feel like it has just gotten so much more complicated. I really love reading these forums and they have been so helpful. Thanks again

[dm559 34]

Yes, you will be ok. Since he was inspected and entered legally once his AOS goes through his overstay will be forgiven. Your situation isn't that complicated. You may get a RFE (Request For Evidence) to show that he didn't intend on staying when he arrived on a tourist via just submit proof that he had a return flight, etc. You should be fine.

I filed the cr1 for my husband in November and it was finally approved and sent to the nvc in May. we finally got a request to submit our affidavit of support at the end of June. My husband came to visit me for a few weeks in May for graduation. However, one day before he was supposed to fly home, he got very sick and didn't feel comfortable flying a long distance in that condition. Instead he planned on leaving at the end of the 90 day visa waiver period.

We talked to an attorney before we sent in the affidavit of support and she expressed surprise that he wasn't adjusting his status. We didnt even realize that was an option with the cr1 visa but after looking at the fee, we decided to stick with our current method. We had already sent the affidavit of support and the fee to the nvc. Then we started looking at flights to fly back to England and realized we didn't take the Olympics into account. All of a sudden, an adjustment of status made sense.

We called both the nvc and the uscis offices to find out if we could and it seemed like it was fine since he never had the intent to stay when he first came this visit. We just finished with the medical stuff but we have gotten no response from the nvc about sending our affidavit of support back to us or onto the uscis. Therefore, we are going to have to get all of the documents together again. We won't be able to send it until 11 days before his vwp runs out. Are we going to be okay?

I feel like it has just gotten so much more complicated. I really love reading these forums and they have been so helpful. Thanks again

[PeruvyandGringa 25]

I think the same, that you "should be" okay. However, when you are this close to the end, do you really want to jeopardize it when you can't be 100% certain that they will believe that this wasn't the original intent?

[Xanax 349]

I think the same, that you "should be" okay. However, when you are this close to the end, do you really want to jeopardize it when you can't be 100% certain that they will believe that this wasn't the original intent?

I agree with this.

[ValerieA 350]

You should be fine, that is quite similar to my case and I had no problem adjusting. Note that you should send a copy of your NOA1 (or approval, if you have it) for the I-130. Don't send a new I-130. I'm sure you know that, though, because you have read the appropriate guide, right?

[Americandarling 0]

I have read the guide and will be sending the approval. I assume that I send the page on his passport with the stamp since there is no visa page. What do people mean by jeopardizing it? Given that we do have the evidence of the original flights and we did go through the nvc first, are people really going to be suspicious? Is he allowed to stay as soon as we file the 485 or as soon as we get the noa.

Edited July 13, 2012 by Americandarling

[ceadsearc 516]

Intent alone isn't used to deny. Was he questioned at the airport about his intentions, or taken into secondary? The issue would be if he is on record telling them he isn't going to adjust status here or something similar.

You'll lose any money you've already paid. I suspect you will need a new affidavit of support as well, though I'm not sure. He will be in status again from the day on his NOA.

[Americandarling 0]

He wasn't questioned in secondary. He was asked why he was coming to the US and whether he planned to go home. At the time, he did and he showed them the flight back to prove it.