AOS on Visa Waiver Program

[lyraandmia 0]

Hi everyone!

Thanks in advance to anyone willing to dispense some advice on my issues

I'm not sure where to I should post this so I hope I chose the right forum.

Anyway, here's some background on my situation:

My husband is US citizen, and I visited him in 2014 on a VWP. At the time we decided to obtain the K3 Spouse visa for me so we filed the I-130 and the I-129F sometime in November, and I left the US in December. Since then we've received NOA1 for both applications. And some time in May 2015, we received a RFE for our I-129F.

Currently, I'm back in the US on a VWP, and I have a return ticket back home for some time in July. However, after much discussion, we realized that it's a real strain for us to be apart and we are considering doing an AOS while I'm still here. We still have not gotten the NOA2 for our I-130, the USCIS website just says that they've received it and that's about it. It's been 6 months now and we're trying to stay calm.

My questions are:

1. Is it possible to file for AOS on VWP?

2. Can we file the AOS forms if our I-130 has not been processed yet?

3. Should we submit the RFE for the I-129F in the mean time?

4. I read on some other threads that scheduling an Infopass might be helpful. Has anyone who had experience with this give some input?

5. I've been doing all the paperwork myself so far, would it be helpful to obtain the services of a lawyer at this point?

Thanks again for your help!

[SparklePony 238]

The I-129F petition is for an alien fiance. Why did you file that if you're already married? And why at the same time as the I-130?

[lyraandmia 0]

Hi SparklePony,

We followed the directions for obtaining a K3 visa found on the USCIS website

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

I hope we didn't do the wrong thing entirely!

[SparklePony 238]

Hmm, I am clearly not knowledgeable enough on this - from all I have read, the I-129F is for fiances, and I'm not familiar with the spousal visa as it didn't apply to me. I have seen multiple times though that the K3 visa is now rarely used and most people just file for the IR-1/CR-1 visas. Either way, these are visas for non-US spouses to travel TO the US. If you filed while residing in the US, it seems to me you should have applied directly for AOS...

I may be totally confused here, so I'm hoping someone with more knowledge and experience will step in and help out - sorry I can't do more...

(In the meantime, go look at the Guides at the top of the page - hopefully they'll help you.)

[lyraandmia 0]

Yeah all the nitty gritty stuff can get real confusing :/

We couldn't file for the AOS at the time because I had to leave the U.S. and handle some stuff back home. So the K3 spouse visa seemed like the next best thing. We were hoping the darn I-130 would be processed before the l-129F so that we could opt for the IR/CR1 but it hasn't turned out that way. Frustrating!

But anyway, I'll check the guides again, maybe something new will turn up haha. Thanks SparklePony!

[Boiler 43,397]

Pretty straightforward, all in the guides, most people diy.

[lyraandmia 0]

Hi Boiler, by straightforward do you mean that I can just go ahead and file the forms for AOS? Even though the I-130 hasn't been approved?

[Boiler 43,397]

Usually the two are filed together, I forget what happens when they are filed separately, I would imagine you would need the NOA 1.

[SparklePony 238]

Would the I-129F need to be cancelled?

[milimelo 4,167]

~Moving to AOS from work, student, tourist visa.~

[jsree84 0]

Hi there! Your situation sounds similar to mine, except we haven’t applied for it yet.

I called USCIS a few times and emphasized that I’ll be entering with a VWP and not a K3.

They told me I should just apply for the petition and AOS together. Did you try calling USCIS – they may be able to help you or advise you.

I called this number : 1-800-375-5283

I hope this helps!

[jsree84 0]

I may be wrong with how accurate USCIS is apparently I'm starting to worry because long distance is taking a strain on us. Back to reading board.

Hi there! Your situation sounds similar to mine, except we havent applied for it yet.

I called USCIS a few times and emphasized that Ill be entering with a VWP and not a K3.

They told me I should just apply for the petition and AOS together. Did you try calling USCIS they may be able to help you or advise you.

I called this number :1-800-375-5283

I hope this helps!

[NikLR 13,220]

USCIS is called the misinformation line for a reasob. However you can file the i-485 and all the other petitions with a photocopy of the i-130 NOA1.

[Boiler 43,397]

Rene closed out a thread which involved "ten foot pole" issues in which the thread originator took offense that posters here would not publicly advise on how to evade the immigration laws.

I believe that posters here are aware THEY can be charged for rendering advice which can be construed as how to evade or break the law. In a different context, the case of Causey v USA is of interest.

Back in the 80's, my good friend Dale Schwartz was indicted for giving advice and guiding what a cowboy US Attorney considered to be immigration fraud. The indictment was ultimately dismissed. However, Dale had engaged in what was considered standard practice -- which was considered perfectly legal until a prosecutor decided it was not.

BTW, my initial participation in this forum started out in 1998 on this very issue.

__________________

No advice is given nor intended by any of Mr. Folinsky's posts on this forum.

I may be an attorney, but I'm not your attorney.

This ia an interesting addition to the subject, ten foot pole, VWP Express etc.

[aaron2020 11,651]

Hi everyone!

Thanks in advance to anyone willing to dispense some advice on my issues

I'm not sure where to I should post this so I hope I chose the right forum.

Anyway, here's some background on my situation:

My husband is US citizen, and I visited him in 2014 on a VWP. At the time we decided to obtain the K3 Spouse visa for me so we filed the I-130 and the I-129F sometime in November, and I left the US in December. Since then we've received NOA1 for both applications. And some time in May 2015, we received a RFE for our I-129F.

Currently, I'm back in the US on a VWP, and I have a return ticket back home for some time in July. However, after much discussion, we realized that it's a real strain for us to be apart and we are considering doing an AOS while I'm still here. We still have not gotten the NOA2 for our I-130, the USCIS website just says that they've received it and that's about it. It's been 6 months now and we're trying to stay calm.

My questions are:

1. Is it possible to file for AOS on VWP? Yes, lots of people have successfully gain their green cards after filing for AOS on the VWP.

2. Can we file the AOS forms if our I-130 has not been processed yet? Yes, just include the NOA1 from the I-130.

3. Should we submit the RFE for the I-129F in the mean time? No since you no longer need the K-3 visa. However, the issue may follow you for the AOS so figure out what is needed and get it.

4. I read on some other threads that scheduling an Infopass might be helpful. Has anyone who had experience with this give some input? You can go but you are they can not give you legal advice on how or what to file (that's your job or your lawyer's job to figure out).

5. I've been doing all the paperwork myself so far, would it be helpful to obtain the services of a lawyer at this point? Your choice. This is a DIY site. Most of us have done it successfully without a lawyer. You will need to decide for yourself if you need a lawyer or can spend the time and energy to do it yourself.

Thanks again for your help!

Hi,

AOS from the VWP is fairly simple. Follow the Guides.

Best of luck.