K1 or CR1 - looking to stay together as much as possible

[pch1 64]

They clearly stated they did not have intention upon entry

You are right, but I what I meant if she goes back home and come back to get married in the US.

[Pitaya 2,576]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[rixonline 0]

guys, I'm seeing in various places that "Persons admitted under the Visa Waiver Program are not permitted to change status in the United States."

As mentioned, I'm from the UK on a VWP, does this mean I can't apply for AOS?

[htfaust 131]

guys, I'm seeing in various places that "Persons admitted under the Visa Waiver Program are not permitted to change status in the United States."

As mentioned, I'm from the UK on a VWP, does this mean I can't apply for AOS?

That's generally true, but the only exception is for immediate relatives of US citizens, including spouse. You'll need to go to a CBP Deferred Inspection Site and ask them to give you a paper copy of your form I-94W to apply, that's all.

Source: Form I-485 instructions, page 2, "Who is not eligible to adjust status?", item 11.

[rixonline 0]

That's generally true, but the only exception is for immediate relatives of US citizens, including spouse. You'll need to go to a CBP Deferred Inspection Site and ask them to give you a paper copy of your form I-94W to apply, that's all.

Source: Form I-485 instructions, page 2, "Who is not eligible to adjust status?", item 11.

I understood some of those words. lol

Thanks, still skimming through it all.

Edited June 2, 2016 by rixonline

[htfaust 131]

I understood some of those words. lol

Thanks, still skimming through it all.

Yeah, it's a lot to take in, so take it slowly. Don't expect to grasp the whole process in 10min

Enough to know, for this very second, that there's an exception that allows you to apply.

[rixonline 0]

Yeah, it's a lot to take in, so take it slowly. Don't expect to grasp the whole process in 10min

Enough to know, for this very second, that there's an exception that allows you to apply.

Oh absolutely!!

did some googling, looks like I-94W can now be located online, would this be sufficient?

(Not even started yet, but wary of the amount of things needed in the next 10 days/2 weeks to get my application for AOS in before my VWP 90 days ends...marriage & licence...medical ect)

I'm excited about this, so excited, but I want to get it right, I'm worried about having all the documentation in time to submit my I-130 before I overstay and possibly jeapordise things

[p-ana 933]

Oh absolutely!!

did some googling, looks like I-94W can now be located online, would this be sufficient?

(Not even started yet, but wary of the amount of things needed in the next 10 days/2 weeks to get my application for AOS in before my VWP 90 days ends...marriage & licence...medical ect)

I'm excited about this, so excited, but I want to get it right, I'm worried about having all the documentation in time to submit my I-130 before I overstay and possibly jeapordise things

I'd postpone doing the medical for now, since you're definitely going to have an aos interview, you can take the results and hand them there.

[rixonline 0]

I'd postpone doing the medical for now, since you're definitely going to have an aos interview, you can take the results and hand them there.

I can do that?!

I'm sorry, I need to stop posting and harassing you lol

I scrolled and skimmed the link you sent me and saw medical in there, I'm guessing I can simply file the I-130 first and then the I-485? or submit all of it missing the bits like the medical?

I want to get as much done as possible to support and get things in order, but it feels like a rushed timeline with my VWP 90th day looming.

I promise to stop and breathe now and take all this information in for a few hours.

[p-ana 933]

By now you must have read that the process takes some time and in order to work and go overseas and bank while you're waiting to get the green card, you'll have to apply for ead (work authorization i765) and AP (advance parole i131). So include these 2 forms with the aos i485 and your i130 petition. You'll pay for the i130 and i485 fees, the i765 and i131 fees will be waived if filed together with the i485.

I'd wait to send the medical (i693) because you're spending a huge amount at first. This part is also costly, and if you check https://www.uscis.gov/i-693 and click where to file, you'll see that you can hand the medical at the interview, which will give you time to concentrate on your paperwork and save money. But it's my suggestion... Better for you to take the time and read and decide what best fits you.

Good luck, be patient and get your reading on.

[htfaust 131]

Oh absolutely!!

did some googling, looks like I-94W can now be located online, would this be sufficient?

(Not even started yet, but wary of the amount of things needed in the next 10 days/2 weeks to get my application for AOS in before my VWP 90 days ends...marriage & licence...medical ect)

I'm excited about this, so excited, but I want to get it right, I'm worried about having all the documentation in time to submit my I-130 before I overstay and possibly jeapordise things

If you actually can get it online, then it's fine by all means. Speaking from personal experience, I was never able to locate the I-94W from my visits online (I also use the VWP), so, if the same happens to you, you know there's no need to freak out, you'd just have to get it from the deferred inspection site. I think they only let you retrieve ordinary I-94 forms on their online system, but it might have been something specific to my case.

I can do that?!

I'm sorry, I need to stop posting and harassing you lol

I scrolled and skimmed the link you sent me and saw medical in there, I'm guessing I can simply file the I-130 first and then the I-485? or submit all of it missing the bits like the medical?

I want to get as much done as possible to support and get things in order, but it feels like a rushed timeline with my VWP 90th day looming.

I promise to stop and breathe now and take all this information in for a few hours.

In your case, you must submit together the I-130, I-485, I-864, I-131 and I-765, pay the fee for the former two, and include all supporting evidence for all forms, even if you have to submit multiple copies of the same evidence for multiple forms. Be sure to double check each form's instructions. It may be in your interest to add the G-1145 on top of the whole package, too. Also remember any overstay will be forgiven, try not to stress about it, just do your best effort to get the package sent on time, but it'll be fine if you can't. You and your soon to be spouse should work on this together. And wait for the advance parole to come before traveling anywhere outside the US (this is paramount).

By now you must have read that the process takes some time and in order to work and go overseas and bank while you're waiting to get the green card, you'll have to apply for ead (work authorization i765) and AP (advance parole i131). So include these 2 forms with the aos i485 and your i130 petition. You'll pay for the i130 and i485 fees, the i765 and i131 fees will be waived if filed together with the i485.

I'd wait to send the medical (i693) because you're spending a huge amount at first. This part is also costly, and if you check https://www.uscis.gov/i-693 and click where to file, you'll see that you can hand the medical at the interview, which will give you time to concentrate on your paperwork and save money. But it's my suggestion... Better for you to take the time and read and decide what best fits you.

Good luck, be patient and get your reading on.

This. Technically, you should submit the medical together with everything if possible, but if not, USCIS will issue a request for evidence or will ask for it at the interview as p-ana said, which would give you time. But if you can do it in time, yeah, do it.

[LionessDeon 2,060]

http://www.visajourney.com/content/compare

The guides give a bit of explanation.

[htfaust 131]

http://www.visajourney.com/content/compare

The guides give a bit of explanation.

Yeah, the guide is good to know what kind of visas are available, but there are two remarks:

1) K-3 is no longer an option;

2) It doesn't mention adjustment of status for someone that has already entered the US.

[elmcitymaven 9,711]

Yeah, the guide is good to know what kind of visas are available, but there are two remarks:

1) K-3 is no longer an option;

2) It doesn't mention adjustment of status for someone that has already entered the US.

This is the relevant one for someone AOSing from VWP/ESTA: http://www.visajourney.com/content/i130guide2

To the OP: I saw in your first post that you need to return to the UK for a family function. Bear in mind that if you do file for AOS in country, you will almost certainly not be able to attend that function unless you receive your advanced parole ("AP") document before then. If you leave before AP, you will have constructively abandoned your AOS and you'll have to start all over again with a spousal visa... and the attendant one year wait. Can you skip the family event?

[LORIEandPHIL 123]

If you stay and get married you will need your birth certificate. Do you have it with you?