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humptydumpty

Married while on ESTA, ready to file for AOS.

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Hey guys, hope everyone is doing well!

I need some information just to clarify and get a peace of mind.

I came on a ESTA (VWP) to visit my girlfriend, now wife. This was a spontaneous action (we love eachother so much and did not want to leave eachothers side) and we got married within 90 days (while i was still legally present). Just before my ESTA expired on September 24th.

Basically i'm overstaying for almost 3 months now although we got married. But, we're ready to file the I-130 and I-485 with all the other supported forms before Dec 23rd (crucial date before the fees go up lol)

Therefore i have some questions, i already appreciate all the info you guys can give. I'll summarize them to make it easier to answer.

- Will my overstay be forgiven in my situation?

- I did not underwent a medical exam yet (I-693) due to the timeframe we have for filing now so that form will not be included, can i do this prior to the interview and bring it along?

- My wife makes above the poverty level to support me. We have 3 1099 copies for the last 3 years. Do we still need to download an IRS transcript from the IRS website and include that?

- I lost the original marriage certificate while copying (stupid i know) if we go to the courthouse, certified copies will suffice?

- I only have one stamp in my passport (it's fairly new) do i need to copy all the empty pages too or just the stamppage? (Also does it need to be a colorcopy or is black/white good too?)

That's all i need to know for know, i been reading into this forum a lot and it helped me out! Although i might ask retorical questions it's just to clarify. Because i seen so many different answers.

I been sleeping badly lately cause i'm already overstaying and worried that someone might knock on the door so i want to get this done and over with lol.

If anyone can point me in the right direction regarding example forms for concurrent filing based upon entering on a ESTA (VWP) in some topic on here that would be very helpful. Just don't want to fill them out with some errors.

I appreciate the feedback, thank you guys!

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Here's the guide for concurrent filing. You may not be able to get everything you need by Dec 23rd. You'd likely have been much better off (financially) going home within the window but what's done is done.

The I-693 is a required form for filing. I don't know if they do an RFE for that or if they deny the petition. Personally, I wouldn't apply without it but maybe someone here can assure you that it's only an RFE situation.

Read the instructions for filing the I-864 (the Affidavit of Support) which says "You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year." And the form itself. The form explicitly says "Note: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year" . So, if she's got a copy of her tax return, she can use that. Otherwise, she'll need the transcripts.

Certified copies of marriage certificate are fine.

The copy of the full passport is for HER, not you. It's to prove that she's a citizen and is allowed to petition for a spouse. Copies of all of the pages, I assume, is to prove that it's legitimate. Unsure. You just need to submit the copy of the first page of your passport. You will need your birth certificate, though. And a translation of it. And a police report from any country you've lived in 6+ months if you've got certain criminal histories.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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I-693 is NO LONGER required with the original filing. OP, you can take it to your interview.

Overstay will be forgiven. Copy of marriage certificate is fine, bring certified copy to the interview.

Copy all pages of your passport, just in case. Did you manage to get your birth certificate? You need that and its translation if it's not in English.

IRS tax return transcript is best as it actually proves the taxes were filed. Don't forget to send 6 months' worth of paystubs (most recent months) to prove current income as well. Don't forget to send proof of sponsor's USC with the I-864.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Here's the guide for concurrent filing. You may not be able to get everything you need by Dec 23rd. You'd likely have been much better off (financially) going home within the window but what's done is done.

The I-693 is a required form for filing. I don't know if they do an RFE for that or if they deny the petition. Personally, I wouldn't apply without it but maybe someone here can assure you that it's only an RFE situation.

Read the instructions for filing the I-864 (the Affidavit of Support) which says "You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year." And the form itself. The form explicitly says "Note: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year" . So, if she's got a copy of her tax return, she can use that. Otherwise, she'll need the transcripts.

Certified copies of marriage certificate are fine.

The copy of the full passport is for HER, not you. It's to prove that she's a citizen and is allowed to petition for a spouse. Copies of all of the pages, I assume, is to prove that it's legitimate. Unsure. You just need to submit the copy of the first page of your passport. You will need your birth certificate, though. And a translation of it. And a police report from any country you've lived in 6+ months if you've got certain criminal histories.

I-693 is no longer required with the initial filing. It can be brought to the interview.

No police report needed for in-country AOS. I don't understand where a lot of people get this idea.

OP needs more than the biometric page of the passport, also the stamp proving legal entry. Crucial for AOS.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I-693 is NO LONGER required with the original filing. OP, you can take it to your interview.

Wow, really? Since...when? What happens if it is an interview waiver situation? It still says in the I-485 instructions to submit the I-693 with the 485. And....someone should probably update that on the guides.

Edit re: the police report. They would need it, or court documents, if they answer yes on any number of the questions regarding prior arrests etc. Depending on the country and what shows that they're clear (like, been arrested but never charged), it's required to backup. I've seen a few of people AOSing from VWP have this problem, particularly because the nature of our legal/judicial systems are so different.

Edited by CatherineA

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Since 2014.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html :

"The medical examination report may be submitted to USCIS:​

•Concurrently with the immigration benefit application; or​
•At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​"

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Since 2014.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html :

"The medical examination report may be submitted to USCIS:​

•Concurrently with the immigration benefit application; or​
•At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​"

Crazy. Did they not consider updating the filing instructions to reflect that? I know one couple who would have applied for AOS a full 2 months earlier if it wasn't for the medical stuff!

This also explains why so many K1s get that RFE for the medical exam, which is just stupid on their part (it's in the sealed envelope at the border!)


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Wow, really? Since...when? What happens if it is an interview waiver situation? It still says in the I-485 instructions to submit the I-693 with the 485. And....someone should probably update that on the guides.

Edit re: the police report. They would need it, or court documents, if they answer yes on any number of the questions regarding prior arrests etc. Depending on the country and what shows that they're clear (like, been arrested but never charged), it's required to backup. I've seen a few of people AOSing from VWP have this problem, particularly because the nature of our legal/judicial systems are so different.

Sure, if there is a criminal record, they need to send documentation of it. I just assumed there was none.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Overstay will be forgiven and you will need tax transcripts or tax returns, not just 1099's or W-2's.

Btw- It's funny that people who adjust from tourist visa, VWP (Esta), or any other non-immigrant visa, ALWAYS preface that they didn't intent to get married and adjust. It's always a spur of the moment thing. I always found it funny how it happens so often knowing that it's an easy way to cut a year off the wait.

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Sure, if there is a criminal record, they need to send documentation of it. I just assumed there was none.

It's not just a criminal record, it's any arrest or detention at all with or without charges. And apparently in the UK in particular this can be an issue and I'm sorry but I don't remember why. Something about being "cautioned" but it drops off after 10 years but you still have to answer yes on the AOS. So it's something really fairly minor that still results in a yes, and the need for a report.

And it's probably fair to can assume there is none, I just mentioned it because if he'll need one, he'll need to order it fast, and a lot of people seem to need it, and I think it's the different legal system thing....


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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It's not just a criminal record, it's any arrest or detention at all with or without charges. And apparently in the UK in particular this can be an issue and I'm sorry but I don't remember why. Something about being "cautioned" but it drops off after 10 years but you still have to answer yes on the AOS. So it's something really fairly minor that still results in a yes, and the need for a report.

And it's probably fair to can assume there is none, I just mentioned it because if he'll need one, he'll need to order it fast, and a lot of people seem to need it, and I think it's the different legal system thing....

You are totally right. I assumed nothing in the applicant's past.

A caution is a uniquely UK concept. For US immigration purposes it counts as a conviction.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Overstay will be forgiven and you will need tax transcripts or tax returns, not just 1099's or W-2's.

Btw- It's funny that people who adjust from tourist visa, VWP (Esta), or any other non-immigrant visa, ALWAYS preface that they didn't intent to get married and adjust. It's always a spur of the moment thing. I always found it funny how it happens so often knowing that it's an easy way to cut a year off the wait.

Its a very easy process to do by pretending it was 'spur of the moment' the problem is that during the overstay and waiting for the Visa that person cannot legally work, sorry but I would rather enter the country with my Visa and start working immediately and legally.

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Hey guys, hope everyone is doing well!

I need some information just to clarify and get a peace of mind.

I came on a ESTA (VWP) to visit my girlfriend, now wife. This was a spontaneous action (we love eachother so much and did not want to leave eachothers side) and we got married within 90 days (while i was still legally present). Just before my ESTA expired on September 24th.

Basically i'm overstaying for almost 3 months now although we got married. But, we're ready to file the I-130 and I-485 with all the other supported forms before Dec 23rd (crucial date before the fees go up lol)

Therefore i have some questions, i already appreciate all the info you guys can give. I'll summarize them to make it easier to answer.

- Will my overstay be forgiven in my situation?

I came here July 2014 (VWP) got married in October and didn't send my package until January 2015. I had no problems. Got my GC in June 2015. The lady just asked me if I had planned the wedding. I said no, and she approved us on the spot after 15 mins. I had no problems. You'll be fine too if all your other documents are good.

Edited by Lizzy90

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Hey guys,

Thanks so much for the information. It helped me out a lot!

I got some minor questions regarding the forms though, because i do not wish to miss minor details.

On the I-485:

- Fields such as SSN and A-Number i can fill in with N/A?

- Current status is VWP visitor or Out of Status? I saw different reactions so just want to make sure!

- the i94 Arrival Departure number is that the same as the admission number on my electronic i-94 ? It contains 11 digits. (And is this the same that needs to be filled in at the I-130 form?)

- At Non-Immigrant Visa Number/ Consulate / Date Visa i filled in N/A this is correct ? Since i entered with the VWP?

On the I-130:

- Alien Registration number can be N/A ?

- Your relative's address abroad? (I'm here now, fill it in or leave blank?)

And as last for now, on the G325a form.

- File number A ........ (i can assume to leave this blank)

The example forms are based on K1 Visa holders so i did not had to much of a reference for filling out the forms. Although it's pretty much self explanatory and i might be asking retorical questions, i wish not to make any mistakes.

It would be a lot easier to have a example form based on a VWP/ESTA marriage while in the U.S., would've saved me from bothering you guys!

I might return with some more small questions, but i appreciate all the help i got so far! Thank you!

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