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AOS from tourist visa

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

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slcs Newbie

slcs   0

Posted
Filed: Country: United Kingdom
 Timeline
Posted

Please can someone offer advice on this?

I came to the States to visit my fiance, in August. We planned to finish organising paperwork for our fiance visa while I was here. Well, we ended up tying the knot on our anniversary. I know this is not recommended but we are now intending to adjust my status while still here. I will NOT be going back to the UK.

We are reading conflicting advice on which forms to submit for this process. Could anyone clear it up for us?

femery Contributor

femery   1

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

Please can someone offer advice on this?

I came to the States to visit my fiance, in August. We planned to finish organising paperwork for our fiance visa while I was here. Well, we ended up tying the knot on our anniversary. I know this is not recommended but we are now intending to adjust my status while still here. I will NOT be going back to the UK.

We are reading conflicting advice on which forms to submit for this process. Could anyone clear it up for us?

Here you go http://www.visajourney.com/content/i130guide2

09/07/2012 - Mailed AOS package (I-130,I-485,I-765) via USPS Express Mail.

09/10/2012 - Package delivered by USPS.

09/12/2012 - Email notification received.

09/17/2012 - NOAs for I-130, I-485 and I-765 received in the mail.

09/20/2012 - Biometrics appt scheduled for 10/04/2012.

10/04/2012 – Biometrics completed.

11/02/2012 - Interview scheduled for 12/04/2012.

11/14/2012 - 1st text EAD approved/production.

11/19/2012 - 2nd text EAD approved/production.

11/20/2012 - EAD mailed.

11/24/2012 - EAD received.

12/04/2012 - Interview..approved, thank God! :D

SOflaherty Explorer

SOflaherty   40

Posted
Filed: Other Country: Ireland
 Timeline
Posted

There is no problems getting married less than 60 days after arrival, people do it all the time without issue.

OP, DH and I married 3 weeks after he arrived and had no problems.

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!

epsonderby Rising Star

epsonderby   85

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

I hope you didn't get married less than 60 days after your arrival because you may be in trouble

That's the old fallacy of the 60/90 rule that doesn't actually exist, isn't it?

OP, you're totally fine to adjust, many others have done it successfully by following the guide suggested. I'm near the end of my own journey doing the same as you are proposing to do.

Edited by epsonderby

11/29/12 - AOS Interview in Atlanta - 10 minutes long and approved on the spot.

ROC in 2014!

ValerieA Experienced

ValerieA   350

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

I hope you didn't get married less than 60 days after your arrival because you may be in trouble

This is an old wive's tale. Just use the guide femery posted, read the instructions carefully, and ask us if you have any questions!

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

slcs Newbie

slcs   0

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

This is an old wive's tale. Just use the guide femery posted, read the instructions carefully, and ask us if you have any questions!

Ok, you said any questions!

The forms keep asking for my I-94 arrival/departure number. As I entered on an ESTA to visit my fiance (our marriage was unplanned) I didn't fill in a I-94 on entry. Visa waiver doesn't require it. What do I out in it's place? Anything?

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

N/A means "Not applicable." Also, your title says "AOS from tourist visa." As you entered on the Visa Waiver Program, you are not here on a tourist visa at all, but rather the VWP.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Yes.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

MrsB2012 Explorer

MrsB2012   10

Posted
Filed: Country: Denmark
 Timeline
Posted

Please can someone offer advice on this?

I came to the States to visit my fiance, in August. We planned to finish organising paperwork for our fiance visa while I was here. Well, we ended up tying the knot on our anniversary. I know this is not recommended but we are now intending to adjust my status while still here. I will NOT be going back to the UK.

We are reading conflicting advice on which forms to submit for this process. Could anyone clear it up for us?

In the process of doing the same exact thing as you. My husband entered in June under VWP and we married in Sept. We followed the checklists from this site to complete our application packets, which someone provided the link to above.

You'll also need to have a physical done by a civil surgeon, there's a list on the USCIS website. Make sure you call around to find out how much the total cost will be with vaccinations. Also, if you can get your vaccination records, get them so that they won't have to give you an extra blood test to screen for the ones you've already had (more $$$).

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!!!! :)

MrsB2012 Explorer

MrsB2012   10

Posted
Filed: Country: Denmark
 Timeline
Posted

Ok, you said any questions!

The forms keep asking for my I-94 arrival/departure number. As I entered on an ESTA to visit my fiance (our marriage was unplanned) I didn't fill in a I-94 on entry. Visa waiver doesn't require it. What do I out in it's place? Anything?

On the I-485 we wrote N/A where it asked for I-94 arrival/departure number and wrote "Visitor under VWP" where it asked for Current USCIS Status and wrote in the expiry date written on his passport stamp. Make sure to include a photo copy of the passport entrance stamp with your packet.

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!!!! :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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