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nynexla

Visa Waiver Help

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Hello I am very new at all of this.

My wonderful fiance as of Christmas day and her amazing 5 year old daughter have come to stay with me from Australia since October 17th 2012.

But sadly on January 14th just under 2 weeks, her visa waiver is 90 days and they will be flying back to Australia :(

Is there anything I can do to have them stay in the country?

We were planning on marrying before she leaves.

Thank you for any feedback.

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Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Thank you.

I was reading about intent to get married BEFORE she came to the US which wasn't the case.

We just decided while she was here.

So, in short, no she cant stay.

She needs to go back home in a week and we wait 5-8 months for a K-1 visa approval?

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What you just wrote doesn't make sense. You can marry, she can stay with you, she can file to adjust status via the above-mentioned guide, and everything will be ok. However, once the application is filed, she won't be able to leave the US for about 3 months (until approval of Advance Parole) otherwise the adjustment of status would be considered abandoned.

Edited by hmh33

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Thank you.

I was reading about intent to get married BEFORE she came to the US which wasn't the case.

We just decided while she was here.

So, in short, no she cant stay.

She needs to go back home in a week and we wait 5-8 months for a K-1 visa approval?

you've got the logic reversed, or your writing reversed, or something else reversed.

Take another stab at it?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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actually, she qualifies.

Please reread the content of the link posted in post #2.

If you can't see it, come back on a PC and read it again.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Sometimes immigration lawyers don't know anything.. many horror stories abound on the site. I'm not saying yours will be useless but since you have the weekend to study, might I suggest reading the guides and familiarizing yourself with the process before Monday?

Remember, nobody cares more about your application than YOURSELF!

Good luck!


USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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Hey this is the fiancé here,

I'm going to explain our situation properly as my partner hasn't had enough coffee this morning and is having a little trouble

finding the right words.

- I came here with my 5 year old daughter in October to stay with him for three months.

- We have been together everyday since I came here (not a relevant point)

- He proposed to me on Christmas day (The power had gone out in the area so he proposed to me under a working lamp post

while it was snowing. Also not relevant but was very sweet)

- My visa waiver ends in a little under 2 weeks, which I will then have to go home on the 14th January

- He doesn't want me to have to go home to Australia.

So the question is,

Do I go home and wait for a k1 fiancé visa to be approved?

Do we get married and then I go home and apply for a spousal visa? (which I think takes even longer than the fiancé visa)

-OR-

Is there a legitimate way for my daughter and I to stay in the country without any kind of penalties?

I think our question has already been answered but I just wanted to be clear on our situation. My understanding of the visa waiver

was that I could not change the status of this in any way and I would have to go home once the three months was over.

you've got the logic reversed, or your writing reversed, or something else reversed.

Take another stab at it?

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Sorry, didn't see the last two posts before I posted our situation again. I will reread the guide and see what else I can get from it. There's so much to read and it's quite mind boggling.

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Sorry, didn't see the last two posts before I posted our situation again. I will reread the guide and see what else I can get from it. There's so much to read and it's quite mind boggling.

You can file for Adjustment of Status and you enter a new period of legal stay here while the application is being processed. You CANNOT leave the US while the application is being processed. I suggest reading the link carefully and doing it yourself. It's not difficult; it's just tedious and a bit time consuming.


07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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So the question is,

Do I go home and wait for a k1 fiancé visa to be approved?

Do we get married and then I go home and apply for a spousal visa? (which I think takes even longer than the fiancé visa)

-OR-

Is there a legitimate way for my daughter and I to stay in the country without any kind of penalties?

#3, with the caveats already mentioned about there being a temporary period when you'll be stuck in the U.S.

The visa waiver program is restrictive and generally it isn't possible to change status or adjust status (two different things) from it... EXCEPT in a narrow subset of cases which fortunately includes yours (after marriage you will be the immediate relative of a US citizen).

Seeing the lawyer won't hurt. If I were you I would make it a one-time consultation (typically ~$100) rather than hiring them to take your case, simply to save the $2000+ that they would charge to do that. From what you've described, and assuming no complicating factors, it should be straightforward for you to do this yourself. Ask the lawyer what needs to be filed for your daughter, since that's an aspect that people on this forum are probably a little less familiar with. Even that shouldn't be too tricky, though.

Do you have any kind of criminal record? (even expunged, even an arrest without conviction)


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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I don't have any sort of criminal record except maybe one speeding fine which was paid on time. I don't think that counts though.

SO i guess we are going to vegas to get married! haha

I just wanted to make sure we knew all the facts before getting married in case the fiancé visa was a better option.

#3, with the caveats already mentioned about there being a temporary period when you'll be stuck in the U.S.

The visa waiver program is restrictive and generally it isn't possible to change status or adjust status (two different things) from it... EXCEPT in a narrow subset of cases which fortunately includes yours (after marriage you will be the immediate relative of a US citizen).

Seeing the lawyer won't hurt. If I were you I would make it a one-time consultation (typically ~$100) rather than hiring them to take your case, simply to save the $2000+ that they would charge to do that. From what you've described, and assuming no complicating factors, it should be straightforward for you to do this yourself. Ask the lawyer what needs to be filed for your daughter, since that's an aspect that people on this forum are probably a little less familiar with. Even that shouldn't be too tricky, though.

Do you have any kind of criminal record? (even expunged, even an arrest without conviction)

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A local city hall wedding might be nicer than Vegas... San Francisco city hall was easy, fast, inexpensive but not at all tacky.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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In the past when AOSing on the VWP you were not allowed to appeal a denial and could be put in immediate deportation proceedings, is this still true today?

Just throwing it out there as this alone would have been a deal-breaker for my husband and I had we been in the same situation as you.

Edited by caly

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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