AOS on Visa Waiver Program

[lyraandmia 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.

I hope you find the right solution to your issue! There are so many options that it can get overwhelming Good luck and stay positive

[lyraandmia 0]

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.

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

Thanks NLR and Boiler, much appreciated. We do have the NOA1 and it make sense to send in a copy of it so they can locate and match all documents

[lyraandmia 0]

Hi aaron2020,

Thanks for taking the time to reply to my questions. I did look up some success stories of people getting their GC on a VWP and it all looks really encouraging. I'll be looking at the guides and planning my next move. Based on my research so far, it seems like the best way to move forward is to just send in the AOS packet!

[san diego 407]

This is some risk in this. There are number of cases that I read here that were denied from VWP for one or another reason. http://www.visajourney.com/forums/topic/292498-i-485-denied/. Unlike adjusting from other visas, there is no appeal for VWP. So, this is your risk, which you may or may not. If I were you, I would search "denied AOS VWP" here and make informed decision, deciding your level of risk tolerance. Peronally, while I would do AOS form B2, I would not do VWP AOS. This is just me.

You already near NOA2. The chances are that your K3 application will be changed to CR1. You are looking at 1 month at NVC and another 1-1.5 months till interview. Is this worth the risk? You are almost there...

Edited June 3, 2015 by san diego

[ValerieA 350]

This is some risk in this. There are number of cases that I read here that were denied from VWP for one or another reason. http://www.visajourney.com/forums/topic/292498-i-485-denied/. Unlike adjusting from other visas, there is no appeal for VWP. So, this is your risk, which you may or may not. If I were you, I would search "denied AOS VWP" here and make informed decision, deciding your level of risk tolerance. Peronally, while I would do AOS form B2, I would not do VWP AOS. This is just me.

You already near NOA2. The chances are that your K3 application will be changed to CR1. You are looking at 1 month at NVC and another 1-1.5 months till interview. Is this worth the risk? You are almost there...

Just ignore this. That is a very old thread. At one point, the San Diego office was denying VWP if the person had overstayed, but soon the ruling came down that overstay did not matter for VWP, just as it does not for any immediate relative of a US citizen.

Having said that, it is true that VWP does not have an appeal, but if you have a bonafide marriage (and proof of such), you should have no issues.

[ValerieA 350]

Hi aaron2020,

Thanks for taking the time to reply to my questions. I did look up some success stories of people getting their GC on a VWP and it all looks really encouraging. I'll be looking at the guides and planning my next move. Based on my research so far, it seems like the best way to move forward is to just send in the AOS packet!

Yes, just send in the I-485 part of the package, as (of course) you have already sent in the I-130 part. Include a copy of the NOA1 from your I-130. They merge the files up and it really doesn't delay your process at all - I sailed through in 3.5 months, which was average at the time, and never had any issues about flipping from a CR-1 to AOS.

[Boiler 43,393]

Just ignore this. That is a very old thread. At one point, the San Diego office was denying VWP if the person had overstayed, but soon the ruling came down that overstay did not matter for VWP, just as it does not for any immediate relative of a US citizen.

Having said that, it is true that VWP does not have an appeal, but if you have a bonafide marriage (and proof of such), you should have no issues.

Just seconding the above and adding that is you need to appeal then you have mega issues anyway.

[lyraandmia 0]

Thanks San Diego for bringing the denied AOSs to my attention, you're right about looking at those just to make sure I make an informed decision. I did look through quite a few and it seems many of them were mostly issues related to overstaying, were not prepared during the interview, or had some issues with their affidavit of support. I hope none of those issues come up during my application process (fingers crossed)!

And thanks ValerieA and Boiler! Feeling a bit less nervous now

I just realized that I didn't include that I has been asked to go for secondary inspection at POE. Very silly of me, please excuse my oversight!

The immigration officer had asked me how long I intended to stay and when I planned on going back home. I replied that I was only staying 2 months, and had no intention of staying (which was true at the time). I had come to visit my husband to celebrate our anniversary. He eventually cleared me. I answered as best I could to my knowledge and was truthful with my intentions. I'm not sure if he recorded what I had said. I assumed that they had stopped me because they were able to see that I have some pending immigration processes. Is this considered a red flag and something I should be worried about? Again, I realized that this might be a big detail and should have included it in the beginning, my apologies!

[Calicolom 265]

They look at Canada different. Do not compare Canada with other Country's Please.

[EM_Vandaveer 2,364]

I don't think it matters you went to secondary. What matters is that you did not lie at the time and you were let in. Look at my signature, it's a straightforward process.

[ValerieA 350]

Yes, I went to secondary, too (I had my cat with me, and a lot of stuff, since I was planning on staying 6 months). He wrote "No EOS/AOS" on my I-94 but it was never brought up during the process - it has no meaning to USCIS.

[Hypnos 6,576]

It makes the CBP officer feel better about themselves sometimes if they get to write on your I-94 "prohibiting" you from filing for AoS. It carries no legal weight whatsoever.

[lyraandmia 0]

Calicolom, that did actually occur to me too... I'm just hoping that despite that, they'd look at all the factors in each case and make fair decisions for everyone haha

Thanks Hypnos, EM_Vandaveer and ValerieA your comments are v encouraging!

I'll post an update of my process in this thread as soon as I can, in case anyone is interested in how this turns out. Hopefully, it'll help someone else figure out what they can do to help themselves

Thanks again everyone!

[Fritzr 3]

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?

The I-129f is used for the non-immigrant visa. For a fiance it applies for K-1 and for spouse it applies for K-3

The K-3 is a free option when filing the I-130 and is intended to allow the alien spouse to enter US and finish the process in US. For many countries there is a large difference in processing time for K vs IR visa processing, so this option was included to help families stay together.

Applicants are encouraged to file for both and use whichever is approved first

Reading the rest, I see you have taken the third option available to those actually able to get past immigration

The adventure continues

Fritz

Edited June 8, 2015 by Fritzr