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MyHeartWillGoOn93

VWP Overstay

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I just found this blog/article about VWP overstays and it says something about updating certain chapters of the USCIS instruction manual but I'm confused about what it means. Does it mean that now VWP overstays have a chance of being deported?:S

http://immigrationblog.fowlerwhite.com/uscis-issues-policy-memo-regarding-status-for-vwp-entrants

Edited by MyHeartWillGoOn93

11/08/2012 - Became a couple online smile.png

08/21/2013 - I flew over from England to Boston to meet him smile.pngwub.png

08/29/2013 - I was due to go back home but decided to stay a little longer

09/20/2013 - We decided to get married smile.pngheart.gif

10/22/2013 - We got married!!!

12/13/2013 - Day 0 - Sent off I-130 and I-485 and I-765 to Chicago

12/16/2013 - Day 3 - AOS Packet arrived in Chicago according to USPS

12/20/2013 - Day 7 - Received e-notification to say case has been accepted and processing at the USCIS National Benefits Center.

12/24/2013 - Day 11 - Received official Receipt Notice (Form I-797) in the mail.

12/31/2013 - Day 18 - Received letter for biometrics appointment on January 23rd.

01/13/2014 - Day 31 - Received RFE for form I-864

01/23/2014 - Day 41 - Biometrics done!

03/04/2014 - Day 81 - RFE response sent!

03/06/2014 - Day 83 - RFE response arrived there!

03/20/2014 - Day 97 - EAD card in production!

03/26/2014 - Day 103 - EAD card mailed out!

03/26/2014 - Day 103 - EAD card in USPS possession and given tracking number

03/26/2014 - Day 103 - Green card interview being scheduled! :D

03/30/2014 - Day 107 - USCIS mailed out our interview notice, scheduled for May 6th!

03/31/2014 - Day 108 - Received I-765 EAD work permit in the mail!

04/01/2014 - Day 109 - Received appointment for GC

05/06/2014 - Day 145 - GC interview approved!!!

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VWP overstays have always had a chance of being deported, the same as any other alien who is out of status. That memo codifies in one place several different policies which USCIS has had over different memoranda in the past few years.


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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But what does it say? I'm confused. My last day on the VWP was on November 18th and Chicago received my AOS application yesterday. Should I be worried? wacko.png


11/08/2012 - Became a couple online smile.png

08/21/2013 - I flew over from England to Boston to meet him smile.pngwub.png

08/29/2013 - I was due to go back home but decided to stay a little longer

09/20/2013 - We decided to get married smile.pngheart.gif

10/22/2013 - We got married!!!

12/13/2013 - Day 0 - Sent off I-130 and I-485 and I-765 to Chicago

12/16/2013 - Day 3 - AOS Packet arrived in Chicago according to USPS

12/20/2013 - Day 7 - Received e-notification to say case has been accepted and processing at the USCIS National Benefits Center.

12/24/2013 - Day 11 - Received official Receipt Notice (Form I-797) in the mail.

12/31/2013 - Day 18 - Received letter for biometrics appointment on January 23rd.

01/13/2014 - Day 31 - Received RFE for form I-864

01/23/2014 - Day 41 - Biometrics done!

03/04/2014 - Day 81 - RFE response sent!

03/06/2014 - Day 83 - RFE response arrived there!

03/20/2014 - Day 97 - EAD card in production!

03/26/2014 - Day 103 - EAD card mailed out!

03/26/2014 - Day 103 - EAD card in USPS possession and given tracking number

03/26/2014 - Day 103 - Green card interview being scheduled! :D

03/30/2014 - Day 107 - USCIS mailed out our interview notice, scheduled for May 6th!

03/31/2014 - Day 108 - Received I-765 EAD work permit in the mail!

04/01/2014 - Day 109 - Received appointment for GC

05/06/2014 - Day 145 - GC interview approved!!!

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No.

The memo didn't change any existing USCIS policy, it simply re-stated it in another place.


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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Ohhh okay, phew! Thanks :)


11/08/2012 - Became a couple online smile.png

08/21/2013 - I flew over from England to Boston to meet him smile.pngwub.png

08/29/2013 - I was due to go back home but decided to stay a little longer

09/20/2013 - We decided to get married smile.pngheart.gif

10/22/2013 - We got married!!!

12/13/2013 - Day 0 - Sent off I-130 and I-485 and I-765 to Chicago

12/16/2013 - Day 3 - AOS Packet arrived in Chicago according to USPS

12/20/2013 - Day 7 - Received e-notification to say case has been accepted and processing at the USCIS National Benefits Center.

12/24/2013 - Day 11 - Received official Receipt Notice (Form I-797) in the mail.

12/31/2013 - Day 18 - Received letter for biometrics appointment on January 23rd.

01/13/2014 - Day 31 - Received RFE for form I-864

01/23/2014 - Day 41 - Biometrics done!

03/04/2014 - Day 81 - RFE response sent!

03/06/2014 - Day 83 - RFE response arrived there!

03/20/2014 - Day 97 - EAD card in production!

03/26/2014 - Day 103 - EAD card mailed out!

03/26/2014 - Day 103 - EAD card in USPS possession and given tracking number

03/26/2014 - Day 103 - Green card interview being scheduled! :D

03/30/2014 - Day 107 - USCIS mailed out our interview notice, scheduled for May 6th!

03/31/2014 - Day 108 - Received I-765 EAD work permit in the mail!

04/01/2014 - Day 109 - Received appointment for GC

05/06/2014 - Day 145 - GC interview approved!!!

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I just found this blog/article about VWP overstays and it says something about updating certain chapters of the USCIS instruction manual but I'm confused about what it means. Does it mean that now VWP overstays have a chance of being deported?:S

http://immigrationblog.fowlerwhite.com/uscis-issues-policy-memo-regarding-status-for-vwp-entrants

Your article is a little more clear then this document i just found on the uscis website

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

​The 'not precluded'part confused me in my panic, but reread it when i was calmer and it says the overstays cam do an AOS. However technically if they want to kick us out they can also and you can't contest it.. US immigration law is so confusing and ambiguous..

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Ahhh, okay. I kind of get it now. I didn't really see the point of them writing it again and confusing us lol.


11/08/2012 - Became a couple online smile.png

08/21/2013 - I flew over from England to Boston to meet him smile.pngwub.png

08/29/2013 - I was due to go back home but decided to stay a little longer

09/20/2013 - We decided to get married smile.pngheart.gif

10/22/2013 - We got married!!!

12/13/2013 - Day 0 - Sent off I-130 and I-485 and I-765 to Chicago

12/16/2013 - Day 3 - AOS Packet arrived in Chicago according to USPS

12/20/2013 - Day 7 - Received e-notification to say case has been accepted and processing at the USCIS National Benefits Center.

12/24/2013 - Day 11 - Received official Receipt Notice (Form I-797) in the mail.

12/31/2013 - Day 18 - Received letter for biometrics appointment on January 23rd.

01/13/2014 - Day 31 - Received RFE for form I-864

01/23/2014 - Day 41 - Biometrics done!

03/04/2014 - Day 81 - RFE response sent!

03/06/2014 - Day 83 - RFE response arrived there!

03/20/2014 - Day 97 - EAD card in production!

03/26/2014 - Day 103 - EAD card mailed out!

03/26/2014 - Day 103 - EAD card in USPS possession and given tracking number

03/26/2014 - Day 103 - Green card interview being scheduled! :D

03/30/2014 - Day 107 - USCIS mailed out our interview notice, scheduled for May 6th!

03/31/2014 - Day 108 - Received I-765 EAD work permit in the mail!

04/01/2014 - Day 109 - Received appointment for GC

05/06/2014 - Day 145 - GC interview approved!!!

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I am also a VWP overstay and Would like to know how your process goes! Please Let me Know! thanks!

Ahhh, okay. I kind of get it now. I didn't really see the point of them writing it again and confusing us lol.


ROC -I751: Removal of Conditions on Green Card   

Green Card Expires: 05/20/2017

Local USCIS office: Oakland Park, FL 

App Will Be Sent to: California Service Center

 

03/18/2017 - Application Sent (I-751)

03/20/2017 - Application Delivered. (Day 1)

03/24/2017 - Date Of Biometrics Letter (Day 4)

03/30/2017 - Date I Received Biometrics Letter (Day 10)

04/14/2017 - Actual Biometrics Appointment @ 10 AM (Day 25)

Never Received  - NOA 

01/18/2018 - I-551 Stamp (Day 305)

06/26/2018 - Case was transferred to NSC. (Day 463)

08/03/2018 - Received 18 month extension letter. (Day 501)

09/01/2018 - Submitted N400! (Day 530)

 

N-400 Citizenship 

Permanent Resident Since: 05/20/2015

Local USCIS Office: Oakland Park, FL 

Applied Online. 

 

09/01/2018 - Application Submitted Online (N-400)

09/07/2018 - Received physical copy of app receipt in the mail. (Day 6)

09/08/2018 - Biometrics Scheduled. (Day 7)

09/27/2018 - Biometrics appointment. (Day 26)

 

 

Started Dating: 04/11/08

Got Married: 04/11/14

2 beautiful baby boys: Ages 8 & 5

 

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I have overstayed my WVP for 7 months now and filling in for AOS now, is there any form for those who overstayed or all the same?


AOS

May 14, 2014 (day 00) - sent I-130/ I-485/ I-758
May 16, 2014 (day 02) - Package delivered to Chicago lockbox
May 21, 2014 (day 05) - text/emails received
May 25, 2014 (day 09) - NOA1
May 29, 2014 (day 13) - Biometrics letter received (app scheduled for 06/12/2014)
June 12, 2014 (day 27) - Biometrics done
June 26, 2014 (day 41) - I-485 Testing and Interview
July 7, 2014 (day 52) - email Interview scheduled for AUGUST 6, 2014!
July 9, 2014 (day 54) - hard copy with interview date
July 9, 2014 (day 54) - requested to expedite EAD
July 18, 2014 (day 63) - EAD card production
July 25, 2014 (day 70) - EAD received
August 6, 2014 (day 82) - Interview approved!

August 14, 2014 (day 90) - Conditional Green Card received!!!!!!!!!!!!!!!!!!!

AOS APPROVED IN 82 days!!!!! :dancing: :dancing: :dancing:

:goofy:

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I have overstayed my WVP for 7 months now and filling in for AOS now, is there any form for those who overstayed or all the same?

Overstay is forgiven if marrying an USC. No additional forms regarding the overstay are necessary if this is the case.


AOS

I am the petitioner:
11/11/2013 filed I-130, I-485, and I-765 concurrently
11/19/2013 NOA1
11/29/2013 received biometrics appointment letter
12/06/2013 RFE
12/19/2013 biometrics completed
12/20/2013 RFE Response mailed to NSC
12/21/2013 RFE Response delivered to NSC
12/24/2013 Case placed in RFE Review status
01/16/2014 EAD in document production
01/21/2014 EAD mailed out
01/22/2014 I-485 placed in Testing and Interview status
01/23/2014 EAD received

05/07/2014 Received notification that interview is scheduled for June 12

06/12/2014 Interview. I-130 approved, but AOS pending decision

06/13/2014 AOS approved

06/18/2014 Notification that Green Card has been mailed

06/20/2014 Received green card and welcome letters

I-751:Removal of Conditions

03/19/2016 Mailed I-751 package to VSC via USPS Priority Express

03/21/2016 VSC received I-751

03/25/2016 $590 check cashed

03/28/2016 Received NOA1 dated 03/22/2016

04/08/2016 Received biometrics appointment for 04/18/2016
04/18/2016 Biometrics completed

03/25/2017 Received approval letter (date of approval was 03/19/2017)

04/04/2017 Received "New card is being produced" text messages and emails

03/19/2017 ROC approved

N-400: Naturalization

04/19/2017 Priority date

05/15/2017 Biometrics completed

06/16/2017 Case in line for an interview

12/04/2017 Interview was scheduled 

12/09/2017 Received interview appointment letter 01/09/2018

01/09/2018 Interview (passed tests and recommended for approval)

01/23/2018 Online status updated to "Oath Ceremony Will Be Scheduled"

03/14/2018 Online Status updated to "Oath Ceremony Notice Was Mailed" (letter received 03/17)

03/28/2018 Oath Ceremony...wife is a U.S. Citizen!

 

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