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Jayclarke88 Apprentice

Jayclarke88   0

Posted
Filed: Country: United Kingdom
 Timeline
Posted (edited)

Hi VJ!

Both my father (a permenent resident) and my girlfriend (a US citizen) live here, and I have been traveling back and forth at least twice a year for 6years. I am currently in the US now on a VWP. At my POE JFK airport I was asked if I was here on vacation, to which I replied yes (which was the truth). No other questions were asked of me.

My girlfriend is finalizing her divorce; just waiting for the divorce certificate to be mailed to her. My visa waiver ends on December 20th, however, her divorce papers probably won't come through until just after thanksgiving.

Would it be possible to adjust my status if I marry after my visa waiver has expired?

Also my brother is due to marry in England on May 15th 2015. If I had my EAD card before then, how much risk would I be taking leaving the US because I overstayed my VWP? Would the EAD card still allow me back into the US?

Thank you in advance for your responses

Edited by Jayclarke88

AOS package sent : 03/27/2015

AOS package received: 03/30/2015 - (Day 1)

NOA1 E-mail/Text: 04/06/2015 - (Day 8)

NOA1 hard copies: 04/11/2015 - (Day 13)

Biometrics Notice: 04/17/2015 - (Day 19)

Biometrics Appointment: 04/28/2015 - (Day 30)

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Once your girlfriend is free to marry then you can marry and file for AoS by following the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

You should check with the laws of your state as to when she is free to marry after her divorce is finalised, as sometimes there is a "cooling-off" period after a divorce is finalised during which re-marriage is prohibited. You don't want to be in a situation whereby you marry too fast and wind up with an invalid marriage which could cause you serious problems.

Per Matter of Arrabally and Yerrabelly, you should not become inadmissible due to any overstay you incur between your authorised stay expiring and filing for AoS. Just make sure you file for AP and an EAD at the same time you file for AoS.

Edited by Hypnos

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

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Jayclarke88 Apprentice

Jayclarke88   0

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

Thank you Hypnos for your response.

I was worried about not being allowed to re-enter using the AP if I married AFTER my VWP expiry. I had never seen or heard of the Arrabally and Yerrabelly case before...

Again, many thanks

AOS package sent : 03/27/2015

AOS package received: 03/30/2015 - (Day 1)

NOA1 E-mail/Text: 04/06/2015 - (Day 8)

NOA1 hard copies: 04/11/2015 - (Day 13)

Biometrics Notice: 04/17/2015 - (Day 19)

Biometrics Appointment: 04/28/2015 - (Day 30)

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

No, it makes no difference when you marry.

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

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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