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saaki2

Married on VWP --> AOS HELP PLEASE

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I would greatly appreciate if the kind people of this forum could comment of my planned timeline below:
1. Wife is from Norway. We got married in NYC on 4/2/15 while she was on the VWP then she went back to Norway to finish her job.
2. She is coming to NYC again on the Visa Waiver Program on 7/14/15
3. On 7/18/15 we will apply for the following:
4.The Adjustment of Status pending application will allow her to stay in the US even if it takes longer than the 90 days that the Visa Waiver Program allows her to stay.
5. She should be legally allowed to work 30-90 days after filing Form I-765.
Thanks for your advice!!

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VWP is for visitors not immigrants.

You need to look up applying for an immigrant visa, CR1.

I will ask for your post to be moved to the right forum.


“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 to IR1/CR1 from AOS Family, As the wife is not longer in the US, AOS is off the table. The OP will need to file for CR1 now.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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You need to apply for a CR1

It is considered fraud to enter on the VWP with the intent to stay and adjust status


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Using the VWP to KNOWINGLY enter the US and adjust status is IMMIGRATION FRAUD.

No one will entertain answering your question. If she does enter and it is found at ANY TIME she entered the country via the VWP with the intent to adjust status with prior knowledge she can be deported and banned.

Continuing with this way of AOS is a very bad idea!.

CR1/IR1 is the only way you can have her adjust her status now.

Edited by TheCaptain

My AOS Journey

11/11/14 - POE

12/12/14 - Married

12/15/14 - AOS/EAD Submitted

12/22/14 - NOA 1

01/13/15 - Biometrics

03/20/15 - Notice Of Potential Interview Waiver Received - 6 Month Delay

09/21/15 - NPIW Expired

10/16/15 - Service Request 1 submitted - Local office past my case

10/17/15 - Service Request Response - Currently being adjudicated, No timeline. Please wait

10/19/15 - Contacted Local Congressman. Request Submitted

11/19/15 - Response from congressman. Currently being adjudicated. Please wait. No Timeline

11/27/15 - Letter from Local Field office requesting missing I-693.

12/21/15 - Infopass Appointment regarding notice - I-693 not required for K1 Visa. Officer stated he would request local officer to contact me

12/22/15 - 1 Year since NOA 1

01/06/16 - Service request 2 submitted

01/19/16 - Interview Appointment Received

02/09/16 - Interview - APPROVED

02/12/16 - Green Card In Hand

12/26/17 - ROC Submitted

01/08/18 - ROC NOA1 Recieved

 

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~~One post removed for Advocating fraud - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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~~One post removed for Advocating fraud - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

OP gets to see the post as I did.


“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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You suggested or gave guidance to immigrate on a non immigrant visa, OP's SO is not in the US.


“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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I would greatly appreciate if the kind people of this forum could comment of my planned timeline below:
1. Wife is from Norway. We got married in NYC on 4/2/15 while she was on the VWP then she went back to Norway to finish her job.
2. She is coming to NYC again on the Visa Waiver Program on 7/14/15
3. On 7/18/15 we will apply for the following:
4.The Adjustment of Status pending application will allow her to stay in the US even if it takes longer than the 90 days that the Visa Waiver Program allows her to stay.
5. She should be legally allowed to work 30-90 days after filing Form I-765.
Thanks for your advice!!

Looks like you're in for a 8-12 month wait applying for a CR-1. She is not allowed to come back in on her VWP and adjust. The VWP is not a free ride to immigration as you're trying to use it.

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Thanks for all of your responses. I've read that in November of 2013 the US citizens and Immigration Services released a policy memorandum stating:

INA section 245©(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. U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Can anyone comment on this?

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Thanks for all of your responses. I've read that in November of 2013 the US citizens and Immigration Services released a policy memorandum stating:

INA section 245©(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. U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Can anyone comment on this?

If he entered illegaly he didn't enter under VWP. Besides that Mexico is not a VWP country.

https://help.cbp.gov/app/answers/detail/a_id/1550/session/L2F2LzEvdGltZS8xNDM0NTExNTE5L3NpZC9zQVRFRjRwbQ%3D%3D/~/visa-waiver-program---eligible-countries

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Thanks for all of your responses. I've read that in November of 2013 the US citizens and Immigration Services released a policy memorandum stating:

INA section 245©(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. U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individuals inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individuals removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Can anyone comment on this?

Sure, this applies if you don't pre plan it like you a already mentioned which is fraud.

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Looks like you're in for a 8-12 month wait applying for a CR-1. She is not allowed to come back in on her VWP and adjust. The VWP is not a free ride to immigration as you're trying to use it.

Oops posted this in the wrong forum. Had two windows open... :(

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