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LiefKH

Her visa expires in two days, we got married 5 days ago...

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Filed: Country: South Africa
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She came to see me on the VWP and we honestly did not intent to get married, but after the 2 and a half months of trying to make it work with me being in the military... it become too difficult. They would not recongnize my relationship at all meaning I am not allowed, or alloted money to get my own place. I was stuck in the barracks, and it would not work as I need an official place of residence when we were going to originally apply for a fiance visa... so a week before she was about to leave, we got married by my Army chaplain.

Three days before we left, we went to an immigration consulant, called USCIS, and emailed a few lawyers who heavily implied that it would be a lot easier to have her stay here while we file paperwork and have her overstay her visa... so we did. We refunded her tickets, and have started putting our packet together... opinions have been divided on reddit and a few other people.

The biggest thing is people saying as long as we had NO INTENT to get married on the VWP then we should be good to go... and honestly? We had absolutely no plans to get married but the Army was just making it too complicated and for a relationship that is as serious as ours? It was our best course of action financially. I needed my own place for whenever she came back.

How do y'all feel with what we did? Any advice from here? We have already made the decision and acknowledge the risk of her overstaying her visa... but I would like some more opinions.

Thank you.


"Ask yourself whether the dream of heaven and greatness should be waiting for us in our graves – or whether it should be ours here and now and on this earth."

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Filed: Citizen (apr) Country: Argentina
Timeline

**Moved from AOS From Family Visas to AOS from Work, Student & VIsitors

You need and can Adjust her Status. I moved your post to this other part of the forum where other folks with situations like yours can guide you on your next steps.

You can start by reading this guide http://www.visajourney.com/content/i130guide2

Edited by Celeste & C

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Filed: K-1 Visa Country: Wales
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I do not see any problems. You have mentioned none.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Kenya
Timeline

Go ahead and apply for AOS. In fact your being in the military will very likely make the AOS easier and faster for you. Once you marry, and USCIS gets and accepts your AOS forms, the overstay becomes irrelevant.


AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - 
DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

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Filed: Country: South Africa
Timeline

Oh, well... OK. I just was looking for some more positive outlooks. So many have said it should be irrelevant so we can have a little piece of mind. Thank you for all that was said so far, and I'll read over that link that was posted.

Sorry about posting it in the wrong forum! Thank you much! I am hoping to have her packet completed by Monday.


"Ask yourself whether the dream of heaven and greatness should be waiting for us in our graves – or whether it should be ours here and now and on this earth."

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Filed: Citizen (apr) Country: Hungary
Timeline

You CAN have intent to marry. What you can't have at POE is intent to STAY AND ADJUST STATUS. People often misunderstand that.

Based on your post, you did not have intent to AOS at POE, so you should be OK. There are no guarantees. However, even in the unlikely event of denial, you would lose the money, but your wife would have to go home and apply for a spousal visa. But that's unlikely.

Even if USCIS thought you had intent, it's good to know that intent ALONE is not enough for denial when it is about AOS of immediate relative of USC!

Chances are you are going to be just fine. Good luck to you.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Argentina
Timeline

Yeah, relax!

You and your wife can start this process and, at this point, it doesn't matter if her deadline to be as a tourist "expires".

Read that guide and ask questions here if you have any doubts. good.gif

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Filed: Citizen (apr) Country: Morocco
Timeline

Others have answered the AOS peice but my comments is reference the official residence requirement to file for the visa. The barracks is your official residence, you get mail there and her intent was not to stay so no other resident need existed. The military may require you to maintain a room in the baracks but you can always go get a place on your own. As single person you are not entied to basic allowance for housing funds but you always have the option of paying for it yourself. Effectively what you just posted is that because the military refused to give you a benefit you were not entitled to you got married to draw that benefit. That is BAH fraud and CID is always doing searches for case like your. I would be very careful who you disclose this information to if your command gets wind of this it will cost your career.

Good luck,

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Filed: Country: Denmark
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I understand your anxiety. My husband entered under the VWP in June. We had been dating for 3 years, however he did not come here with the intent to stay and we did not plan to get married. He ended up losing his job in Denmark because he chose to stay longer after being here for 1 month. We married 6 days before his stamp expired. We also received mixed advice as far as adjusting from VWP but what we know now is that it is possible to adjust status as long as it's an immediate family member. Hopefully your wife has never overstayed a visa before or been arrested for anything. We met with one attorney 3 days after his stamp expired who told us that ICE could have already filed a deportation/removal order, etc, etc. Basically he freaked us out and then told us he would take our case for a $3000 retainer fee.

Relax. From what I've read, overstay is forgiven when you marry a USC. The only time you would run into a problem is if for some reason she's denied AOS, in which case she will not be allowed to appeal because she entered under VWP. Try to get your paperwork submitted as quickly as possible and make sure you include all required supporting documentation. We filed I-130 and I-485 together on 9/29 and already have a biometrics appointment.

Good luck!


Husband's AOS Journey from VWP Entry

6/22/2012 Boyfriend entered US under VWP

9/15/2012 We got married!

9/21/2012 Stamp on passport expired

9/28/2012 Mailed I-130 & I-485 packets to Chicago Lock box via USPS Priority

10/2/2012 Received Date

10/4/2012 Notice Date

10/9/2012 Received text & email notifications for NOA (4 forms)

10/12/2012 Received hard copies of NOAs (all 4 forms- I-130, I-485, I-131, I-765)

10/15/2012 Received NOA with Biometrics Appointment

10/30/2012 Completed Biometrics (completed on date assigned)

12/11/2012 EAD & AP Approved

12/20/2012 EAD/AP Combo Card Arrived

2/6/2013 Notification for Interview

3/15/2013 Interview- APPROVED!!!! :)

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