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

[Boiler 43,429]

Not a buzz term, a misunderstanding which seems will  not go away.

[Crazy Cat 39,218]

1 minute ago, chrisebass said:

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.

 

The immigration process, regardless of the route, is neither fun nor fast.....and each route has its own downsides.......it demands a great deal of knowledge, planning, time, patience, and money......

[Carpe Vinum 2,310]

1 hour 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!

But if they adjust status now they will have EAD before a CR-1 would be processed plus they wouldn't have to seperate. Just do AOS. Happens all the time. Good luck)

[Cryssiekins 976]

29 minutes ago, chrisebass said:

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.

 

Also of note, given you probably have loose ends at home since you weren’t planning to be here permanently when you arrived: until you have AP or a greencard, you will need to remain inside the US, because if you leave, you adjustment will be abandoned and you will not be admitted back into the US without a visa, which means, more money, and more time apart.  

[PolskaKielbasia 67]

2 hours 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.

When will this ignorant misleading statement finally die a painful death? It gets spammed on every ESTA/B2 AOS thread and to date no one can demonstrate a verified case where someone was denied for "intent".

 

At our interview it didn't come up at all except that the officer crossed out "B2" and wrote "Advanced Parole" under the "most recent entry status" or something like that. Literally nothing about it was mentioned.

 

Having said that, the AOS process is excruciating nowadays, and I've heard the large TX offices are especially slow with interviews. So know what you're getting yourself into.

 

 

Edited May 8, 2019 by PolskaKielbasia

[EM_Vandaveer 2,368]

14 hours ago, Mary&Rafa said:

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

It didn't at mine. I married my husband 11 days after entering on VWP in 2011. No intent to adjust at entry.

[ClickityClackity 133]

11 hours ago, PolskaKielbasia said:

When will this ignorant misleading statement finally die a painful death? It gets spammed on every ESTA/B2 AOS thread and to date no one can demonstrate a verified case where someone was denied for "intent".

 

At our interview it didn't come up at all except that the officer crossed out "B2" and wrote "Advanced Parole" under the "most recent entry status" or something like that. Literally nothing about it was mentioned.

 

Having said that, the AOS process is excruciating nowadays, and I've heard the large TX offices are especially slow with interviews. So know what you're getting yourself into.

 

 

 

5 minutes ago, EM_Vandaveer said:

It didn't at mine. I married my husband 11 days after entering on VWP in 2011. No intent to adjust at entry.

Well then I was grossly misinformed. Had I know this wouldn't have been an issue I would be in the States and married already. 

[Dashinka 23,238]

15 hours ago, missileman said:

The immigration process, regardless of the route, is neither fun nor fast.....and each route has its own downsides.......it demands a great deal of knowledge, planning, time, patience, and money......

My wife and I had fun!

 

[Lil bear 3,831]

OP. Also be aware that if you’re in TX, you won’t be able to get a tx drivers licence until the EAD arrives... and as a resident and no longer a visitor , you won’t be able to drive on your Australian state drivers licence  No public transport   here to speak of ... 

[TheCaptain 67]

14 hours ago, chrisebass said:

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.

 

Chris,

 

Nothing about this process is fast. It is going to take years for the process to be over.

EAD is generally running somewhere between 3 and 6 months to get so expect to not be able to do anything overly fun during that time. Make sure you apply for the EAD/AP combo card, this way you can travel outside the US while you are waiting for your AOS (Adjustment of Status) to be completed.

 

As a fellow Aussie I am going to tell you in no uncertain terms that you are not going to get any support from anyone here by the means in which you adjusted. Others on here (including myself) waited patiently outside the country away from our spouses while the processing took place and going about it the way you did (although not against the regulations per say), is frowned upon by the community here.

 

I would not leave now as you are going to be past the end of your ESTA in a few weeks and once you overstay will not be eligible to get the ESTA ever again. This means if you went back to Australia and wanted to visit while waiting on your CR1 you would need to apply for a B1 visa which means going for an interview at the US embassy and pleading your case. Having a US spouse doesn't usually doesn't make them feel warm and fuzzy.

 

Also as a side note, if you haven't yet make sure you complete a postal vote for the upcoming election on May 19th and then complete the form to be removed from the electoral role for subsequent years otherwise you may be penalized.

 

If you have any Australia specific questions there is an Australia/New Zealand sub forum and you can also message me directly if you need help with something specific.

 

Good luck with your journey.

[streanor 405]

The sooner you marry and adjust, the sooner you get your application in for EAD. Some people are lucky and only have to wait 4/5 months to work but I was one of the unlucky ones... my EAD just got approved last week after after 8 months. I'm ready with resume and portfolio to dive straight into job hunting but chances are I could be waiting another month or so until I have a job, bringing me to 9 months without work.

 

Not trying to completely horrify you. I just want to ask you to weigh your options. Hope for best case scenario but be prepared for worst case scenario regarding EAD.

 

BEST OF LUCK!

Edited May 9, 2019 by streanor

[Boiler 43,429]

8 minutes ago, TheCaptain said:

 

 

As a fellow Aussie I am going to tell you in no uncertain terms that you are not going to get any support from anyone here by the means in which you adjusted. Others on here (including myself) waited patiently outside the country away from our spouses while the processing took place and going about it the way you did (although not against the regulations per say), is frowned upon by the community here.

 

I would not leave now as you are going to be past the end of your ESTA in a few weeks and once you overstay will not be eligible to get the ESTA ever again. This means if you went back to Australia and wanted to visit while waiting on your CR1 you would need to apply for a B1 visa which means going for an interview at the US embassy and pleading your case. Having a US spouse doesn't usually doesn't make them feel warm and fuzzy.

 

Plenty of people are here to support the OP, that is what we do on VJ, support each other. You can speak for yourself, please do not speak for others.

 

B1 is for Business and OP has not mentioned any Business reason to wanting to come back to the US.

 

 

[geowrian 22,335]

19 hours ago, Mary&Rafa said:

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

Rarely the IO may ask about what they told the officer at CBP. That's about the closest thing I've heard.

Even then, intent alone is not a reason for denial as the IR of a USC, plus intent was established at POE.

 

Unless somebody says something along the lines of "I lied to CBP so I could stay in the US instead of interviewing abroad", they'll just move along like every other case.

 

19 hours 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.

The reference was to a so-called 90 day rule that presumes misrepresentation if you file for AOS within the first 90 days of entry.

Said rule does not exist at USCIS, which is the entity that handles AOS cases.

It's not about the 90 day duration of stay.

 

18 hours ago, chrisebass said:

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.

Can't enforce a rule that doesn't exist.

Edited May 9, 2019 by geowrian

[treppenwitz 78]

19 hours ago, Mary&Rafa said:

Unless you are talking about something else.

 

17 hours ago, chrisebass said:

It's good to hear that the '90 day' business is mainly just a buzz term and not really being enforced.

Key takeaway:

Quote

USCIS takes note of the DOS FAM guidance in its USCIS Policy Manual, but treats it as "simply an analytical tool," rather than a "binding principle."

https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

[SalishSea 16,770]

18 hours ago, chrisebass said:

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?!

Welcome to the world of immigration.  Most of us here have done/are doing just that, and in some cases not seeing our partners for > one year.