AOS on VWP. What's best?

[givingyouwings111 0]

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!

[hmh33 117]

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 January 4, 2013 by hmh33

[Brother Hesekiel 2,236]

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.

[givingyouwings111 0]

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....?

[Hypnos 6,576]

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.

[mymarriagejourney 113]

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?

[amykathleen2005 441]

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

[givingyouwings111 0]

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.

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

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

[Hypnos 6,576]

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.

[amykathleen2005 441]

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.