About to file AOS package, just need some reassurance

[daveonastick 0]

Hi all,

 

A little about my background, I arrived in the USA on my visa waiver (WVP) for a 2 week trip with my USC fiancé, on the last day of the trip she asked me not to go home, stay with her in the USA and get married earlier than we planned. We are now married, I have overstayed my WVP and I'm out of status. We are about to file our AOS package. I just wanted to list my timeline and check for any potential issues we may come across:

 

On the 18th January I entered at Orlando Airport to visit my USC fiancé, terminal C has the new style desks that are completely open, they are not the typical booths, you collect your luggage before seeing an officer. On approach to the desk, he held a camera to my face and said "welcome back", I replied 'thank you." That was my entire interaction, they didn't even ask to see my passport. I don't have global entry but I've been a frequent USA visitor even before I met my fiancé.

 

Up until 28th January we had our normal time together, Florida Springs, Everglades, Disney, Universal etc everything was perfect. 

 

On the morning of 28th January my fiancé broke down in tears, she said she no longer wanted to be alone, she wanted me to stay with her, get married and build a life together. I was shellshocked as we had always agreed on a 2024 wedding to enable time for me to build up more savings (covid wiped me out financially). Initially, I obviously expressed that this was impossible but she suggestion it may be and she googled an immigration lawyer, later than afternoon we had a free consultation who advised us that it was entirely possible to do something called Adjustment of Status, they said it wouldn't be an issue since 1) I didn't know she was going to ask me to stay 2) no intention of staying given that I even still had a job, leased apartment back in my home country and even just all my stuff and clothes, documents, qualifications, birth certificate etc is all back home. The lawyer advised us we could get married within 90 days but that we should only file the Adjustment of Status after 90 days. That night we decided to get myself a phone plan my plan was costing €6 a day to use here, we went to t-mobile and she added me to her agreement, she also called Chase and added me as an authorised user to her preferred rewards card, how that was allowed without an SSN is beyond me, but it was.

 

On the 29th January I was in complete panic mode trying to research everything I could about the Adjustment of Status. I also logged into something and checked my I-94 departure and arrivals to confirm what day I fell outside of the 90 day window (this came from my research during the day).

 

Between 29th January and 1st February we did research on wedding venues in her home state decided on a venue we both liked and picked a date.

 

1st February was the day I was meant to fly home which obviously I didn't. I was due to return from vacation back to my home country employment, I made a call to my line manager, informed then that we had decided to get married and my fiancé had asked me to stay with her and essentially quit my job. They took it so well and wished me all the happiness, my colleagues reached out to me on social media etc wishing me all the best.

 

On 2nd February we confirmed the venue for our wedding in her home state. We also contacted the town hall clark to book our marriage licence appointment.

 

Between 2nd February and up until the wedding date we planned our wedding, arranged photographers, RSVP's, DJ, flowers etc. We also had loads of visitors in our current state, her cousin, aunts uncles came to visit us, her mother, her sister etc loads of people flew in to see us.

 

23rd February her close friends and family flew out for her bachelorette party for 3 days. What they pulled off on such short notice was absolutely amazing, she really does have the best friends and family.

 

11th March she accessed and printed off her tax transcripts for the last 3 year, we also got all full tax returns w2 1099 etc, pay stubs and letter from employer.

 

14th March after much backwards and forwards I was added to her lease again without an SSN, funny enough this was also the date I could give my two months notice to leave my apartment in my home country which I was still paying for.

 

17th March Now we had the lease I was able to be added to her Chase checking account, again without an SSN. So we finally have a joint checking account.

 

2 days before the wedding my family from my home country arrived

 

6th April we had our wedding

 

13th April we got our marriage certificate, she also added me to her health insurance with all zeros as SSN.

 

18th April I'm now out of status.

 

Takes me up to today when we are filing. Any red flags or potential issues we'll face?

 

With regards to filing the Adjustment of Status package, I'm not 'worried' I've had 90+ days to do my research on what is required, watched hundreds of YouTube, read this forum and site back to front etc. I have every document required.

 

Thank you in advance for your help.

[Timona 3,956]

There's no 90 day rule.

Guides are on top right. Use them. You'll be fine. 

[Dashinka 23,304]

Get the AOS package in as soon as you can for a couple of reasons.  First, you are currently out-of-status, and subject to possible deportation or headaches you would probably not want to deal with.  Secondly, the fees for the I485 package is slated to go up soon.

 

Good Luck!

 

This story below references a K1/AOS, but it could happen to anyone out-of-status.

 

 

 

 

[CMJuilland 484]

I would like to double down on @Dashinka's post: file asap to avoid any hiccups and fee increases. As soon as your I-485 goes through intake processing and your NOA1 is  generated, you're in "authorized stay" (I think that's the correct terminology) again. When looking at the guides @Timona referenced, you'll see that it's best to file I-765 (employment authorization) and I-131 (advance parole, travel document) along with your I-485. As far as USCIS's fee calculator, the fees for these are still waived when filed alongside an I-485 (but I think that will change with the next fee increase). While you might get your I-485 interview and - hopefully - subsequently your green card before your I-765 and I-131 are adjudicated (processing times these days are ... interesting to say the least...), it doesn't hurt to have these applications in as well. 

Best of luck and congrats to both of you! 

[Chancy 6,233]

2 hours ago, daveonastick said:

18th April I'm now out of status.

 

The only red flag is that you are now out of status, with no proof of authorized stay.  You should have filed for AOS as soon as you got your marriage certificate.  There is no 90-day rule for USCIS.  File your I-485 ASAP.

 

[Daphne . 1,692]

Send in the application asap and mentally prepare yourself for not being able to work or leave the US for a while. 

[daveonastick 0]

On 5/18/2023 at 12:58 PM, Dashinka said:

Get the AOS package in as soon as you can for a couple of reasons.  First, you are currently out-of-status, and subject to possible deportation or headaches you would probably not want to deal with.  Secondly, the fees for the I485 package is slated to go up soon.

 

Good Luck!

 

This story below references a K1/AOS, but it could happen to anyone out-of-status.

 

 

 

 

Thank you for the heads up. At what point do I become in authorised stay? Am I 'safe' if the package is received by USCIS, when I get the text from USCIS to confirm receipt or only when I get the letter in the mail?

Edited May 23, 2023 by daveonastick
spelling

[Dashinka 23,304]

14 minutes ago, daveonastick said:

Thank you for the heads up. At what point do I become in authorised stay? Am I 'safe' if the package is received by USCIS, when I get the text from USCIS to confirm receipt or only when I get the letter in the mail?

When you receive the I797 (NOA) showing USCIS accepted your I485 application.  This puts you in a period of authorized stay until the I485 is decided.

 

Good Luck!