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givingyouwings111

AOS on VWP. What's best?

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Hello everyone. I am facing a dilemma and I need to decide what's best.

I came to the US on a european passport on VWP on 12/02/12. I married my now husband on 12/17/12 and it was completely out of the blue. So far I've been in the country for a little over a month. I went to see an immigration lawyer, who said that it's best I wait when it's at least 8 weeks since my arrival to file for AOS. She also said that after the petition is received and recorded my 90 day VWP stay will be put on hold and I will not be considered an overstay whilst the USCIS processes the pretition.

The trouble is that I initially planned to go back to England to pack up my stuff and take care of all the unfinished business I have over there, such as close my bank accounts and stuff like that. I was going to come back here later (in Feb '13) and file for AOS then. This presents a problem, because I will have gone and come back WITH INTENT to adjust status and it will be obvious to anyone with half a brain cell. I do not want to do this.

So, should I just stay here this time so my husband can file for AOS in about a month's time (when it'll be 8 weeks since I've arrived in the country)?

My other question is about the I-130 filing guide. On the list of evidence of a bona fide relationship the list items are separated by an or, not an and, so I am assuming that although it would be best to have as much evidence as possible, technically only one of these should suffice (in theory). The only evidence we can obtain apart from a few photos (we just don't take a lot of photos!) are affidavits from his US Marine colleagues, who know that our relationship is perfectly legit, as I spent a lot of time hanging out with my now husband in their presence. Would two or three affidavits be enough?

Sorry about this being so long. I am trying to decide this in a short amount of time as I have a flight to London on Sunday, which I will cancel depending on the replies I get.

Thanks!

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Hello everyone. I am facing a dilemma and I need to decide what's best.

I came to the US on a european passport on VWP on 12/02/12. I married my now husband on 12/17/12 and it was completely out of the blue. So far I've been in the country for a little over a month. I went to see an immigration lawyer, who said that it's best I wait when it's at least 8 weeks since my arrival to file for AOS.

Waiting 8 weeks is not essential but doesn't hurt and just possibly might be a good idea. It'll probably be close to that anyway by the time you are done assembling the paperwork and all supporting documents.

She also said that after the petition is received and recorded my 90 day VWP stay will be put on hold and I will not be considered an overstay whilst the USCIS processes the pretition.

Right.

The trouble is that I initially planned to go back to England to pack up my stuff and take care of all the unfinished business I have over there, such as close my bank accounts and stuff like that. I was going to come back here later (in Feb '13) and file for AOS then. This presents a problem, because I will have gone and come back WITH INTENT to adjust status and it will be obvious to anyone with half a brain cell. I do not want to do this.

Indeed.

So, should I just stay here this time so my husband can file for AOS in about a month's time (when it'll be 8 weeks since I've arrived in the country)?

Yes. You won't be able to leave the US after filing AOS for approximately 3 months (until your advance parole is approved, or your whole adjustment is approved if that happens unusually quickly). If that's unacceptable for you, then you'd have to start the CR-1 immigrant visa process, leave before your 90 days is up and then stay outside the US (except perhaps for brief visits) for several more months until the CR-1 is approved. If I were you I'd choose the AOS route so I wouldn't have to spend a long time apart from my spouse. You'll probably find that you can wrap up most of your affairs in the UK remotely, even if it's more difficult than being there in person. Also, I'd keep at least one UK bank account open, it's useful to have.

My other question is about the I-130 filing guide. On the list of evidence of a bona fide relationship the list items are separated by an or, not an and, so I am assuming that although it would be best to have as much evidence as possible, technically only one of these should suffice (in theory). The only evidence we can obtain apart from a few photos (we just don't take a lot of photos!) are affidavits from his US Marine colleagues, who know that our relationship is perfectly legit, as I spent a lot of time hanging out with my now husband in their presence. Would two or three affidavits be enough?

USCIS doesn't expect too much from newly married couples (remember, the forms are used for a variety of purposes, not all of which fit your situation). Photos are good. Evidence of financial co-mingling is better. Don't submit more than 2 affidavits (they aren't worth much anyway, and if you send a bunch it can look a bit like you're trying too hard). An affidavit from his commanding officer would be stronger evidence than one from his buddies. Are you staying in base housing together? There's a military subforum which might be able to give some good advice. Yes, in theory just one piece of evidence is enough but I would make a bit more of an effort. Can you get on his car insurance?

Sorry about this being so long. I am trying to decide this in a short amount of time as I have a flight to London on Sunday, which I will cancel depending on the replies I get.

If I were you I would go ahead and cancel that flight.

Thanks!

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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The 8-weeks thingi is a myth. Ignore it.

If you leave the U.S., you won't be coming back for about a year and then only with a CR-1 visa. Perhaps not such a good idea.

If you file an I-131 with your AoS package, you can expect to travel about 10 to 12 weeks later.

Know that somebody will have to mail you your birth certificate from home, water your plants, feed your cat, and tell your boss to shove it.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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hmh33, Brother Hesekiel,

thank you for your replies.

So, my husband is from California and we're now looking for a house to rent just across the border in Mexico. Will that present a problem or is it not important? We expect to sign a lease in a week or so and then that address will go on all the USCIS forms. I believe I don't get stamped into Mexico until around 70 miles south of thr US/MEX border and we are looking for a place within that range....?

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You can't apply for AoS if you aren't inside the United States. You cannot apply for adjustment of status from Mexico, or pursue the immigrant visa process (IR-1 / CR-1) from there either, I believe.


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

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hmh33, Brother Hesekiel,

thank you for your replies.

So, my husband is from California and we're now looking for a house to rent just across the border in Mexico. Will that present a problem or is it not important? We expect to sign a lease in a week or so and then that address will go on all the USCIS forms. I believe I don't get stamped into Mexico until around 70 miles south of thr US/MEX border and we are looking for a place within that range....?

Ack. You can't move to Mexico. You have to stay in the US. Otherwise, why apply to become a legal resident of the US?


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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I hope you haven't gone to visit it in Mexico.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Because you would be entering the US with a preconceived intent to remain and adjust status if you did that, which would be visa fraud.


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

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Ok, thank you everyone for your replies. I guess Mexico will have to wait. I'm not going back to England for a bit though.

Why not if I'm not AOSing just yet? I know I can't travel whilst AOSing, but that's not until Feb.

It doesn't matter if you have applied for AOS or not. As soon as you leave and then enter the country again you are entering with intent to immigrate. That is visa fraud.

As soon as you decided to get married and stay you had intent. So if afterwards you went to visit Mexico to check out your house and you came back in to the US you entered with immigrant intent which is fraud.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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