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I'm not sure if this would be the correct forum to ask this ,so please move if need be .

I'm asking this question for a friend as I have a feeling she may have been given poor advice and I'd hate that to mess up her process.

I have a friend from England who is with a guy in the military,they met when he was stationed in England ,anyway he is now back stateside ,she came over to visit him on a esta and they planned on sending the paperwork off for the k1 visa before she went back home,to cut a long story short that didn't end up happening and they got married two weeks ago(with only 13 days left of her 90 day period of being here )

After getting married they went on base to speak to someone who deals with immigration,he told them of all the documents etc they need to apply for her green card,but he also advised her to stay Here whilst it's being processed as she may denied entry if she was to try and come back as she's overstayed the 90 days .

I was under the impression she would have to go back home and wait to have her greencard Interview in England but this guy has lead them to believe it Can all be dealt with stateside.is this correct information?

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She can stay stateside and adjust the status, no need to leave. They have been given correct information.


February 28- AOS package sent. ( I-130, I-485, I-765)
March 5- Package delivered to USCIS Chicago.
March 11- Email and text notification with Receipt Numbers.
March 14- Hardcopy of NOA1 for all three applications.
March 21- Received biometrics appointment letter for 04/04/2014
April 2 - Completed Walk in Biometrics appointment successfully. (Original Appointment was for 4th April)
April 9- I-485 Case status has been updated to " Testing & Interview "
April 16- Text and email alert for case update for AOS interview on 22nd May 2014.
April 18- Hardcopy of Interview notice received in mail.
May 22- AOS interview, approved on the spot and got stamp in my passport.
May 27 - Approval notice of I-130 and I-485 in mail.
May 29- Received GC in mail.

ROC Timeline:

03/28/2016: I-751 package sent to CSC

03/29/2016: Package delivered.

03/31/2016: cheque cached.

04/02/2016: Received NOA1 in mail, dated 03/29/2016.

04/13/2016: Received Biometrics notice for the date of 04/25/2016.

04/21/2016: Early walk in Biometrics

09/28/2016: Text and email alert about approval of ROC

10/06/2016: Received 10-years green card in mail

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Obvious way to go!


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~Moved from Fam.-based AOS to WST-based AOS Forum~

~inquiry about adjusting from ESTA~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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I guess I've learnt something new !I should of saved the stress of the k1 visa and done the same thing lol

Ah, but that there is the difference! As you described their situation, they had not intended to use the Visa Waiver as a way to immigrate. Its not as clean as using the proper visa (in their case it would have been a K1) but that is why they are being told to avoid travel until it gets resolved.

They will be fine as long as they adjust ad wait until they have their Advance Parole before returning home.

Edited by GabsUSA

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Ah, but that there is the difference! As you described their situation, they had not intended to use the Visa Waiver as a way to immigrate. Its not as clean as using the proper visa (in their case it would have been a K1) but that is why they are being told to avoid travel until it gets resolved.

They will be fine as long as they adjust ad wait until they have their Advance Parole before returning home.

Ah ok got it !

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