AOS from a slight VWP overstay.. Help needed with forms!

[Hay_Jane 1]

Hi everyone!

My now husband and I have been together for three years, traveling to and from the UK and US. I came to the country on April 25th and had a return ticket however (as I am sure you are all aware!), circumstances change and we both decided that enough was enough. I decided to stay and we got married last week (and before anyone asks it was completely spontaneous and was not the intent of my visit)!

Now... My VWP expires today and I am frantically trying to organize my paperwork. It's causing me so much anxiety and stress I haven't even been sleeping. I want to make sure I get it all right first time!

So I basically want to just run past you what form I have completed and what I am sending with the forms and the amount of the cheque. Here goes..!

I have the I-485, I-130 and I-765. I am attaching a copy of the stamps in my passport, a copy of his passport, my birth certificate, our marriage certificate and a passport sized photo of each of us. Is that all correct?

I also read that I don't need to pay for I-765 if sending with I-485?

My next question is that on the I-130 it asks for my arrival and departure record (I-94) which I obviously don't have as I entered on VWP, so what does my husband put there? There is a similar question on the I-485 about my non immigrant visa number, the date it was issued and the issuing consulate. Do I leave it blank or attach a separate sheet explaining the VWP situation?

I am sorry for so many questions I just didn't know where else to ask!

I really, really hope that someone can help me!

Thank you,

Hayley

[Harpa Timsah 13,258]

Have you found the VJ guide? You also need a medical exam in a sealed envelope (you can find doctors that can do immigration medicals at uscis.gov, they are called Civil Surgeons), and a I-864 which is financial sponsorship that needs a lot of supporting material like tax returns. You also need to include evidence of a bona fide marriage, and a lot more passport sized photos of you. You need to read the instructions carefully for each form.

For I-94, put "none VWP" and the same for visa number.

Edited July 24, 2013 by Harpa Timsah

[Lisa-O 8]

Hi everyone!

My now husband and I have been together for three years, traveling to and from the UK and US. I came to the country on April 25th and had a return ticket however (as I am sure you are all aware!), circumstances change and we both decided that enough was enough. I decided to stay and we got married last week (and before anyone asks it was completely spontaneous and was not the intent of my visit)!

Now... My VWP expires today and I am frantically trying to organize my paperwork. It's causing me so much anxiety and stress I haven't even been sleeping. I want to make sure I get it all right first time!

So I basically want to just run past you what form I have completed and what I am sending with the forms and the amount of the cheque. Here goes..!

I have the I-485, I-130 and I-765. I am attaching a copy of the stamps in my passport, a copy of his passport, my birth certificate, our marriage certificate and a passport sized photo of each of us. Is that all correct?

I also read that I don't need to pay for I-765 if sending with I-485?

My next question is that on the I-130 it asks for my arrival and departure record (I-94) which I obviously don't have as I entered on VWP, so what does my husband put there? There is a similar question on the I-485 about my non immigrant visa number, the date it was issued and the issuing consulate. Do I leave it blank or attach a separate sheet explaining the VWP situation?

I am sorry for so many questions I just didn't know where else to ask!

I really, really hope that someone can help me!

Thank you,

Hayley

Hi Hayley,

You may want to read through the different visa's again as I'm not sure just an AOS will be sufficient. I'm sure it's a CR1 you need (if someone with more experience wants to confirm). If it's as easy as deciding to get married on a visit everyone would be doing this and there wouldn't be a need for a K1...not to sound harsh or negative, but as the above member stated you'll need to go through more checks and a medical. It took nearly a year for me and my husband to petition before I could move here...I could be completely wrong,but it is worth checking

The best of luck in your journey Lisa

[Harpa Timsah 13,258]

Hi Hayley,

You may want to read through the different visa's again as I'm not sure just an AOS will be sufficient. I'm sure it's a CR1 you need (if someone with more experience wants to confirm). If it's as easy as deciding to get married on a visit everyone would be doing this and there wouldn't be a need for a K1...not to sound harsh or negative, but as the above member stated you'll need to go through more checks and a medical. It took nearly a year for me and my husband to petition before I could move here...I could be completely wrong,but it is worth checking

The best of luck in your journey Lisa

The OP is already in the US and can file for AOS. No problem.

[Coleman21 6]

Yes, you can definitely file for AOS. I have seen many people here who came with VWP and applied for AOS. Don't get out of the USA, if you do you can't file for AOS but start over.

Anyways, that being said, you need a lot of prove that you got married because you loved each other. Not just to stay in the USA. This part, K1 visa people have less difficulty when they do AOS because they already go through interviews and approvals before they come to the USA. Gather all the evidence that you got married in a good faith. Read I-130 instructions very carefully and thoroughly, it will explain what you can include in the package as the proof of bona fide marriage. You probably don't have everything the I-130 instructions says you can put, but then no worries, just put as much thing as possible. Below I give you some advice on what you should put.

Do you guys go to chuch together? If so a letter from your pastor that explains your relationship will be strong. It doesn't have to be a church person though, my husband and I got one from our pastor and our landlord. But most people get letters from their friends or relatives who really know your marriage.

Photos, I assume you have some. Definitely put some in the package. You can bring more at the interview, which is the final stage of getting green card. Photos of you and your spouse together and with other people too if you have so that the immigration will see that people know you guys are married. Definitely include marriage pictures and reception pictures if you did reception too. Then pictures of trips or birthdays, etc. You've been married for just 3 months so maybe you guys don't have many. Then, just put everything you have. Don't go like 100 pictures, though. It's just too much.

Write captions on the back of each photo or next to photo if you put the photos in a photo album. Select photos that show timeline from before you got married, at marriage, and after marriage.

Where do you guys live together now? Is it an apartment house or your husband's family's house? If you have a lease agreement that has both of your names on it, include it in your package. If you live with your husband's family, have one of them write affidavit of residence and have it notarized in order to show you are formally living together with your husband. Include copies of envelopes or postcards that were addressed to both of you. If not both of you, include ones that are addressed to you and ones that are addressed to your husband so that you can prove you guys are using the same address.

Include copies of bills that have both of your names or one of your names. Copies of insurance, etc. That you can read on the I-130 instructions.

What else... oh, definitely make a joint bank account. If you don't have one now and you can't get it before you apply for green card, make sure you have one before the interview and show that you share finance with each other.

I think you should include a copy of your return ticket too to show that you didn't intend to get married and stay here when you came here. That way you can avoid being accused of visa fraud. Some immigration officers don't even ask about this though, so don't worry too much. You can explain more at the interview if they really want to know about it.

Also, you will probably want to know as you go through your paperwork what your current USCIS status is. Write "out of status". I read someone in your similar situation and they wrote so because their lawer said so. Since you're married to a US citizen (not a permanent redisent, right? Because if so it'll be more tricky) your overstay isn't a big deal. It will be overlooked as you adjust your status. And once you file your green card and you receive notice of action that proves your green card case started, you will not be out of status during the green card process. When you get green card, of course your status is permanent resident status, so no worries about status anyway.

And you need I-864 together with your I-485. And medicals too as one of the posters here said. I forgot what it was called but it's explained on I-485 instruction. If you don't have much time for it, some people send I-485 without the medicals and you can submit the medicals at the interview or by mail if USCIS tells you to do so.

You will probably have more questions about I-864, but read the instruction first. If there's any questions after that, you can ask people here or ask me and I'll see if I can answer.

Feel free to personal message me if you need more help. I got a lot of help from VJ members here when I was preparing for my package this year. My interview is coming up in two weeks.