AOS package finally sent!!!!

[icv21 110]

Iris,

I assume for your timeline your ESTA expired on July 21st and then you got married on the 22nd?

If so, get advised about that. Perhaps USCIS might consider this fraud because you are intending to immigrate (and/or remaining in the country) upon another visa status (tourist ESTA, which is expired, in add). I saw cases where they denied the GC and forced the immigrant to start consular filing.

Maybe it is not your case.

Hi! Thanks for writing, a lawyer in the area told us there was no problem if I didn't came here with the idea of getting married and staying , and I totally didn't, we didn't even knew it was possible.

I dated my husband for 5 years and when he proposed we looked at the k-1 visa online and everything how it was supposed to be done because I had my ticket to go back to Spain in case he needed some documentation.

He looked information to see if there was any chance to change it from here and get the k1 visa, but I knew already it wasn't possible because the ESTA instructions say it.

Until he randomly saw that a direct family member can stay, looked more information about it so he told me to stay that everything would be fine and we would have a weeding sooner and the next day we got married ( we still want to have a ceremony with all the family members from here and Spain ) but we don't have money for everything at once and after 5 years finally want to be together.

He wrote a letter and put it with the bonafide marriage explaining all our relationship and how everything was.

I hope I don't have problems.....

[altito 63]

Hi! Thanks for writing, a lawyer in the area told us there was no problem if I didn't came here with the idea of getting married and staying , and I totally didn't, we didn't even knew it was possible.

I dated my husband for 5 years and when he proposed we looked at the k-1 visa online and everything how it was supposed to be done because I had my ticket to go back to Spain in case he needed some documentation.

He looked information to see if there was any chance to change it from here and get the k1 visa, but I knew already it wasn't possible because the ESTA instructions say it.

Until he randomly saw that a direct family member can stay, looked more information about it so he told me to stay that everything would be fine and we would have a weeding sooner and the next day we got married ( we still want to have a ceremony with all the family members from here and Spain ) but we don't have money for everything at once and after 5 years finally want to be together.

He wrote a letter and put it with the bonafide marriage explaining all our relationship and how everything was.

I hope I don't have problems.....

I would be very well prepared, just in case....Good will not always count.

I got married in the US and came back to Madrid. Started the process from here.....

[Stoaty 3]

Congrats, you should join us on the September Filers thread!

[icv21 110]

"

I was told an overstay is forgiven for a USC spouse that's why my husband said it would be fine.

I'm not worried to proof anything at the interview I mean we have been together for 5 years, we have visited each other, I've been here in the states 11 times. We have been around the country on vacation together.... Next week we are going to the beach for a few days ( family is paying since we didn't have a nice wedding or honeymoon ) and I came here only to spend the summer like other times and he proposed I had no idea.

I don't think they will ever think it's a fraud. but we will be prepare for the interview.

I've read on the forum more people in similar situations coming with ESTA and it was fine

Edited September 14, 2014 by IRIScv

[icv21 110]

Congrats, you should join us on the September Filers thread!

Hey thanks so much this is so exiting to share it with you all, I had no idea there was a Septembers filers thread!

[jxn 86]

OP, regarding your biometrics interview, does your area have Zipcar? You could rent a Zipcar for the day, or go to a local car rental agency and get it a day or so in advance if a friend is able to drop you off at the car rental place in order to pick it up. Then you can return it at your convenience. It might possibly be cheaper than a taxi.

[icv21 110]

OP, regarding your biometrics interview, does your area have Zipcar? You could rent a Zipcar for the day, or go to a local car rental agency and get it a day or so in advance if a friend is able to drop you off at the car rental place in order to pick it up. Then you can return it at your convenience. It might possibly be cheaper than a taxi.

The problem is I don't have a driver license but I've read around the forum the past couple days about something I didn't know , and if I get the letter with the appointment before my husband leaves we will try to do a walk-in , I've read lots of successful walks-ins in the Atlanta office, they just ask you to have the letter doesn't matter if you go another day early, if there is too much people they make you wait on a side until the line in clear and then they let you take your biometrics.

I rather do this and wait even hours if it's necessary, if it doesn't work I guess I will have to reschedule or try a taxi o we will see...

[jxn 86]

The problem is I don't have a driver license but I've read around the forum the past couple days about something I didn't know , and if I get the letter with the appointment before my husband leaves we will try to do a walk-in , I've read lots of successful walks-ins in the Atlanta office, they just ask you to have the letter doesn't matter if you go another day early, if there is too much people they make you wait on a side until the line in clear and then they let you take your biometrics.

I rather do this and wait even hours if it's necessary, if it doesn't work I guess I will have to reschedule or try a taxi o we will see...

I should have known. What about ridesharing services like Uber, Lyft, or Sidecar? Some of them let you get a price estimate by plugging in your departure and arrival destinations. Or what about good ol' fashioned paying a friend to drive you?

[ValerieA 350]

Hi! Thanks for writing, a lawyer in the area told us there was no problem if I didn't came here with the idea of getting married and staying , and I totally didn't, we didn't even knew it was possible.

I dated my husband for 5 years and when he proposed we looked at the k-1 visa online and everything how it was supposed to be done because I had my ticket to go back to Spain in case he needed some documentation.

He looked information to see if there was any chance to change it from here and get the k1 visa, but I knew already it wasn't possible because the ESTA instructions say it.

Until he randomly saw that a direct family member can stay, looked more information about it so he told me to stay that everything would be fine and we would have a weeding sooner and the next day we got married ( we still want to have a ceremony with all the family members from here and Spain ) but we don't have money for everything at once and after 5 years finally want to be together.

He wrote a letter and put it with the bonafide marriage explaining all our relationship and how everything was.

I hope I don't have problems.....

You won't. People whe did K1 or CR1 like to try to scare the AOSers but, in reality, all USCIS really cares about is if you have a bonafide marriage. Intent, even if they suspect it, can not be used to deny.

Congrats on your marriage!

[altito 63]

You won't. People whe did K1 or CR1 like to try to scare the AOSers but, in reality, all USCIS really cares about is if you have a bonafide marriage. Intent, even if they suspect it, can not be used to deny.

Congrats on your marriage!

I am not trying to scare anyone. I am just saying I read about cases USCIS considered they were very suspect and denied AOS processing in the US.

From the very first moment I always said maybe this is not IRIS case. And I just recommended her to be well prepared, just in case.

Thats all.

So please, do not mess things up

[ValerieA 350]

I am not trying to scare anyone. I am just saying I read about cases USCIS considered they were very suspect and denied AOS processing in the US.

From the very first moment I always said maybe this is not IRIS case. And I just recommended her to be well prepared, just in case.

Thats all.

So please, do not mess things up

Really? Please provide links to said cases. I have been on this forum since 2009, and not ONE case where someone has been denied for intent. In fact, there's a little linky thing in my signature that goes to the part of the USCIS field adjuticator's manual where it says they can not deny based on intent. So yeah, I'm going to call you and people like you on your fear mongering every single time.

[altito 63]

Really? Please provide links to said cases. I have been on this forum since 2009, and not ONE case where someone has been denied for intent. In fact, there's a little linky thing in my signature that goes to the part of the USCIS field adjuticator's manual where it says they can not deny based on intent. So yeah, I'm going to call you and people like you on your fear mongering every single time.

Of course it could happen, and i repeat I am not saying this is IRIS case, I REPEAT IT AGAIN may be it is not her case.

But below i put a link from vj where some people express difficulties of others in marriage based AOS from tourist visa. Every case is different and the particularities of the cases they refer probably nothing has to do with Iris´ case.

The fact is they speak about problems to adjust the status depending on the USCIS field office. Maybe things has changed now, but the law still is inflexible about that. What I stated in my first post was to advise IRIS to be well prepared cause she might have any trouble on her way.

That is being truthful according to other forums (subjective) and according to the American current law. It will rely on the USCIS interpretation.

VJ is not something scientific and all what we have here are our opinions our thoughts our fears and our desires.

You can read here what other people refer about close people. Everything subjective.

For being here since 2009 you must not read very much.

And VJ is not the bible. There are hundreds of forums, thousands of lawyer information, and federal agencies information.

And I am going to call you illiterate.

http://www.visajourney.com/forums/topic/287242-marriage-based-aos-from-tourist-visa-possibly-denied-what-to-do/page-2

Edited September 18, 2014 by altito

[KayDeeCee 4,892]

Of course it could happen, and i repeat I am not saying this is IRIS case, I REPEAT IT AGAIN may be it is not her case.

But below i put a link from vj where some people express difficulties of others in marriage based AOS from tourist visa. Every case is different and the particularities of the cases they refer probably nothing has to do with Iris´ case.

The fact is they speak about problems to adjust the status depending on the USCIS field office. Maybe things has changed now, but the law still is inflexible about that. What I stated in my first post was to advise IRIS to be well prepared cause she might have any trouble on her way.

That is being truthful according to other forums (subjective) and according to the American current law. It will rely on the USCIS interpretation.

VJ is not something scientific and all what we have here are our opinions our thoughts our fears and our desires.

You can read here what other people refer about close people. Everything subjective.

For being here since 2009 you must not read very much.

And VJ is not the bible. There are hundreds of forums, thousands of lawyer information, and federal agencies information.

And I am going to call you illiterate.

http://www.visajourney.com/forums/topic/287242-marriage-based-aos-from-tourist-visa-possibly-denied-what-to-do/page-2

You sill did not provide links to cases of those being denied for intent.

That thread is from 4 years ago when San Diego was taking it upon themselves to erroneously deny VWP AOS cases. They should not have been doing so, and it was corrected, although the USCIS was slow as usual in putting out their policy memorandum > http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

"INA section 245(c )(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."

"Policy

USCIS field offices shall adjudicate adjustment of status cases filed by immediate relatives of U.S. citizens who were last admitted to the United States under the VWP, in accordance with section 245 of the INA. This includes cases where Form I-485 was filed after the 90-day period of admission."

Edited September 18, 2014 by KayDeeCee