Please help clarify what to do about AOS off a visa waiver :-)

[chrisebass 0]

Hey there, I've been trawling this forum and others for a little while, and although have searched a whole bunch I'd love if anyone could point us in the right direction.

My wonderful lady and I have unexpectedly decided to marry as I think leaving would just be the worst thing. We are two weeks off 90 days (I am on a visa waiver from Australia). We have decided attempting to adjust status is the best option.

 

I know USCIS isn't enforcing the 90 day rule entirely, but I am still reading mixed things. I am under the impression a slight overstay is fine if we marry and attempt to adjust status. We can do either. Would there be any benefit to waiting til just after 90 days to get married and/or send the application? A friend did the same last year, and his lawyer told them to apply after 90.

 

Second question.

 

I am very very concerned with current processing times for an EAD. I am really worried about waiting 6+ months to be able to work. My closest office is Houston, TX.

I have been following this and some other forums and am consistently hearing horror stories about wait times (some ten months!). USCIS website however says the wait time is something like 3+ months. I am not sure if I am only reading the negative stories about people, and the positive ones are simply not being listed!!

 

Any help is really greatly appreciated!!

Thanks 🙂

Chris

 

 

[Crazy Cat 39,193]

There are no benefits to delaying filing for adjustment of status after marriage to a US citizen.  When your I-94 expires, you will be out of legal status.....but filing the I-485 will give you "authorized stay" while your adjustment of status is pending.......the sooner you file the I-485, I-131, and I-765, the quicker you will emerge from the limbo status........

[ClickityClackity 133]

You are going to really convince the immigration officer that you didn't enter the US on a visa waiver with the intention of marrying.

[Ben&Zian 4,397]

12 minutes ago, chrisebass said:

Hey there, I've been trawling this forum and others for a little while, and although have searched a whole bunch I'd love if anyone could point us in the right direction.

My wonderful lady and I have unexpectedly decided to marry as I think leaving would just be the worst thing. We are two weeks off 90 days (I am on a visa waiver from Australia). We have decided attempting to adjust status is the best option.

 

I know USCIS isn't enforcing the 90 day rule entirely, but I am still reading mixed things. I am under the impression a slight overstay is fine if we marry and attempt to adjust status. We can do either. Would there be any benefit to waiting til just after 90 days to get married and/or send the application? A friend did the same last year, and his lawyer told them to apply after 90.

 

Second question.

 

I am very very concerned with current processing times for an EAD. I am really worried about waiting 6+ months to be able to work. My closest office is Houston, TX.

I have been following this and some other forums and am consistently hearing horror stories about wait times (some ten months!). USCIS website however says the wait time is something like 3+ months. I am not sure if I am only reading the negative stories about people, and the positive ones are simply not being listed!!

 

Any help is really greatly appreciated!!

Thanks 🙂

Chris

 

 

 

There is no such 90 day rule really. It's kind of been a myth over the years but it really doesn't exist to be honest. 

 

Also we went through the Houston office, least when we did it was smooth and relatively quick, 90 days for EAD/AP and 9 some months for green card, but it has been slowing down now recently so. I'd predict from time of AOS submission and NOA1 for it you're looking at 4-5 months probably for work permit and all. Green card, that's a different story as it can be 10-12 months, or if something happens could take even longer.

 

It may be a pain to have to wait and sit around and not work, but that's just part of the process when you decide to AOS in the states. You could always marry, go home and file for CR-1 and wait the 12-14 months for that, so kind of a give and take situation.

Edited May 8, 2019 by Ben&Zian

[ClickityClackity 133]

2 minutes ago, Ben&Zian said:

 

There is no such 90 day rule really. It's kind of been a myth over the years but it really doesn't exist to be honest. 

 

Also we went through the Houston office, least when we did it was smooth and relatively quick, 90 days for EAD/AP and 9 some months for green card, but it has been slowing down now recently so. I'd predict from time of AOS submission and NOA1 for it you're looking at 4-5 months probably for work permit and all. Green card, that's a different story as it can be 10-12 months, or if something happens could take even longer.

what do you mean there is no 90-day rule? You're admitted on the visa waiver for 90 days. It's is definitely not a myth. Unless you are talking about something else.

[Ben&Zian 4,397]

3 minutes ago, Mary&Rafa said:

You are going to really convince the immigration officer that you didn't enter the US on a visa waiver with the intention of marrying.

 

While I don't personally like AOS from within the US and wish it would go away..., it's past that point now. Intent was determined at entry with immigrations so, OP is fine.

[ClickityClackity 133]

Just now, Ben&Zian said:

 

While I don't personally like AOS from within the US and wish it would go away..., it's past that point now. Intent was determined at entry with immigrations so, OP is fine.

You don't think it will come up at the interview? 

[Ben&Zian 4,397]

1 minute ago, Mary&Rafa said:

what do you mean there is no 90-day rule? You're admitted on the visa waiver for 90 days. It's is definitely not a myth. Unless you are talking about something else.

 

It's an old "90 day" rule where if you married within a certain amount of time in the US it looked suspicious so people were advised to wait a certain amount of time first. But that "rule" really hasn't been applicable/legit for along time if really ever at all. Has nothing to do with their Visa waiver or length of time permitted in the US.

 

And not really. They probably won't even bother to ask about that. People do things spontaneously so.

Edited May 8, 2019 by Ben&Zian

[Crazy Cat 39,193]

1 minute ago, Mary&Rafa said:

You don't think it will come up at the interview? 

No......marry and file for adjustment.........

Edited May 8, 2019 by missileman

[ClickityClackity 133]

Just now, Ben&Zian said:

 

It's an old "90 day" rule where if you married within a certain amount of time in the US it looked suspicious so people were advised to wait a certain amount of time first. But that "rule" really hasn't been applicable/legit for along time if really ever at all. Has nothing to do with their Visa waiver or length of time permitted in the US.

Gotcha. OP was talking about the visa waiver so as to not be deported due to overstaying.

[Boiler 43,401]

USCIS has no 90 day rule.

 

There is a reason that VJ has a forum for people adjusting from visiting, not much point if you could not do it.

 

 

[Huckleberry&Koala 184]

24 minutes ago, chrisebass said:

Hey there, I've been trawling this forum and others for a little while, and although have searched a whole bunch I'd love if anyone could point us in the right direction.

My wonderful lady and I have unexpectedly decided to marry as I think leaving would just be the worst thing. We are two weeks off 90 days (I am on a visa waiver from Australia). We have decided attempting to adjust status is the best option.

 

I know USCIS isn't enforcing the 90 day rule entirely, but I am still reading mixed things. I am under the impression a slight overstay is fine if we marry and attempt to adjust status. We can do either. Would there be any benefit to waiting til just after 90 days to get married and/or send the application? A friend did the same last year, and his lawyer told them to apply after 90.

 

Second question.

 

I am very very concerned with current processing times for an EAD. I am really worried about waiting 6+ months to be able to work. My closest office is Houston, TX.

I have been following this and some other forums and am consistently hearing horror stories about wait times (some ten months!). USCIS website however says the wait time is something like 3+ months. I am not sure if I am only reading the negative stories about people, and the positive ones are simply not being listed!!

 

Any help is really greatly appreciated!!

Thanks 🙂

Chris

 

 

If you will apply for AOS, then considering you will apply for EAD and AP same time, AOS is handled by local offices, and it depends on your local office's timeline. EAD and AP are handled by NBC, so all people are in the same queue for those, I believe current wait time is around 5 months now. Since some people's local offices are not busy, they get their green card sooner that ead and ap, but for those who has the busy local office wait for ead and ap, and sometimes, they need to renew as well while waiting for aos. AOS is dependent on the queue of your local office.

[carmel34 3,529]

43 minutes ago, chrisebass said:

I am really worried about waiting 6+ months to be able to work.

If working is important to you, then your other option is to file for a CR-1 spousal visa and return home to wait out the process and continue working in your current job.  It takes about a year but the time goes by quickly when you're working.  The downside of a CR-1 is being apart for a year but you can continue to do short visits in the US, or your spouse can go and visit you, this makes the wait bearable.  And the big benefit with a CR-1 is that you can work immediately on arrival in the US, no six month wait doing nothing.  Just so you know all your options.  Good luck!

[Crazy Cat 39,193]

1 minute ago, carmel34 said:

If working is important to you, then your other option is to file for a CR-1 spousal visa and return home to wait out the process and continue working in your current job.  It takes about a year but the time goes by quickly when you're working.  The downside of a CR-1 is being apart for a year but you can continue to do short visits in the US, or your spouse can go and visit you, this makes the wait bearable.  And the big benefit with a CR-1 is that you can work immediately on arrival in the US, no six month wait doing nothing.  Just so you know all your options.  Good luck!

All excellent points......

[chrisebass 0]

Thanks so much for the replies. It's good to hear that the '90 day' business is mainly just a buzz term and not really being enforced. We were curious as at the moment we are able to explore any option.

We are much keener on adjustment of status as we live across the world, and the expense of flying between countries makes things real tough. Although as stated - the being able to work is definitely an argument for the CR-1.

 

I guess we have a lot to think about. Leaving and potentially not seeing one another for a year, versus being here and being unable to work for half a year. Choices, eh?!

 

I guess I was hoping someone would chime in and say 'no, Texas processing is super fast!' 🙂 It's handy to know the EAD/Parole is national and not the local office. Thanks.