Married on VWP, help !

[JuliaBravo 0]

Hello all !

My fiance and I recently married while he was here on a VWP.

We did not intend for this to happen, we attempted filing for the K1 visa back in April, but had a few problems as we were both in France at the time (he's French) and when he came to visit me and some other friends in the US after I returned, I was diagnosed with a few serious medical issues and we found out that our K1 had never been filed and just decided to get married.

We don't really want to be apart and were wondering if anyone knew exactly what forms we need to fill out and send to USCIS (To apply for his green card and AOS). I have done some research but since we need to send it in before he has to leave, I want to make sure I don't miss a single thing!

Thanks for any help !

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

[JuliaBravo 0]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Do we need the I-130 package if he's here?

[JuliaBravo 0]

Also, is it necessary to file the I-765, work authorization form? We can wait for the GC. But if he does, what would be the appropriate category for our situation?

[Moomin 292]

EAD can be used for more than working. Best example is getting state ID/driver's license and ssn. When or if EAD is approved before interview, of course. But it's not mandatory to submit I765. It just doesn't coast anything when submitted with I485.

©(9) is the category (called adjting applicant).

Yes, I-130 along with I485 and all supporting documents for each form. They have to be submitted together(concurrent filing).

Edited October 10, 2012 by moomin

[JuliaBravo 0]

EAD can be used for more than working. Best example is getting state ID/driver's license and ssn. When or if EAD is approved before interview, of course. But it's not mandatory to submit I765. It just doesn't coast anything when submitted with I485.

©(9) is the category (called adjting applicant).

Yes, I-130 along with I485 and all supporting documents for each form. They have to be submitted together(concurrent filing).

Thank you !!

[didopage 337]

Yes, you need to file out a I-130 petition for him. It's better to also file for the employment authorization as well as the AOS because it's free when filed with the AOS. The Green card can take a long time before being approved, while the EAD should be approved in a few months. Also, your husband will be able to work, while right now, is it not allowed to. Same thing for the I-131, travel authorization.

Edited October 10, 2012 by didopage

[JuliaBravo 0]

Yes, you need to file out a I-130 petition for him. It's better to also file for the employment authorization as well as the AOS because it's free when filed with the AOS. The Green card can take a long time before being approved, while the EAD should be approved in a few months. Also, your husband will be able to work, while right now, is it not allowed to. Same thing for the I-131, travel authorization.

Even though he doesn't plan to make any trips? Because while filling out the form it asks for planned trip dates, length, etc... Will he still have to file one after receiving his green card?

[Hypnos 6,576]

No, he can travel internationally for trips of up to six months using his green card without issue.

Also, if he has at least 180 days of overstay he absolutely should not leave the country, even if he has AP. This is because overstay of 180 days incurs a ban of 3 years (and then 10 years for 365 days of overstay) and this ban is not overcome with AP even if you apply for and receive it.

Edited October 10, 2012 by Hypnos

[JuliaBravo 0]

No, he can travel internationally for trips of up to six months using his green card without issue.

Also, if he has at least 180 days of overstay he absolutely should not leave the country, even if he has AP. This is because overstay of 180 days incurs a ban of 3 years (and then 10 years for 365 days of overstay) and this ban is not overcome with AP even if you apply for and receive it.

He is currently still covered under his VWP. We're trying to avoid overstay at all costs! Thank you for all the info, it's been a lot of help !

[Hypnos 6,576]

With no overstay he has no issues then, and can travel on his AP without any problem once he receives it.

[milimelo 4,271]

Moving to AOS from tourist, student, work visa.

[bt1 42]

Hello all !

My fiance and I recently married while he was here on a VWP.

We did not intend for this to happen, we attempted filing for the K1 visa back in April, but had a few problems as we were both in France at the time (he's French) and when he came to visit me and some other friends in the US after I returned, I was diagnosed with a few serious medical issues and we found out that our K1 had never been filed and just decided to get married.

We don't really want to be apart and were wondering if anyone knew exactly what forms we need to fill out and send to USCIS (To apply for his green card and AOS). I have done some research but since we need to send it in before he has to leave, I want to make sure I don't miss a single thing!

Thanks for any help !

My understanding is that if he applies for AOS, he cannot leave the country until he receives his GC.

[EM_Vandaveer 2,373]

Not true, if someone didn't accumulate any overstay days AND has a valid AP, they can travel.

To wait until having possession of the Green Card before international travel is attempted, now that advice is for people who HAVE accumulated overstay days.

[akihon 129]

My understanding is that if he applies for AOS, he cannot leave the country until he receives his GC.

he can. it's called Advance Parole. I-131.

Edited October 10, 2012 by mebbe