fishsticks

Much as I'd really like to, I've resisted travelling even to Canada. My EAD/AP came with a notice saying readmittance wasn't guaranteed on it - so I've been waiting for the green card. My EAD/AP came mid August, green card was approved today - so your process might not take long!

Good luck.

Congratulations! Mine was approved today after interview as well. Enjoy the next 21 months! We sure will!

To all that previously helped on my few short questions - before I took legal advice - thank you. Your words spurred me to find a lawyer and have a few questions answered. They also helped ensure my forms were filled and filed correctly.

It's been a long few months since my wife (US Citizen) and I (UK) filed for AOS (I-485/785/131 and I-130) in March. I was here on VWP, and admittedly - obviously - somewhat doubtful about the process of AOS from VWP. This fear was put to rest by two immigration lawyers here in Baltimore. One is a friend, and so I didn't want to bother them too much, but they showed me proof of previous precedent for this being okay, and the other helped me get my forms together for a fee of about $150. He offered further advice once I remembered (insert oh sh*t moment here) that I'd been arrested a few times, but at $300/hr for further interviews I declined. I didn't have time to get the police report before filing, so wrote down accounts of what happened, and sent them off with the packet.

So while filing, I detailed the whys and hows of each stupid arrest, and the fact I'd received a caution for one, been charged for another, but never received any further information.

In August, after months of USPS being absolute failures at delivering post in Baltimore City, I had my biometrics appointment. My EAD/AP card came days later in the mail. Shortly afterwards, a letter for the I-485 interview was sent.

We spent a month collecting and collating things: phone logs, photos, joint asset and insurance proof, employment proofs, and so on. The final bundle - excluding photo albums - was over 300 pages. Better to be over prepared, right?

Today, we got up super-early, made coffee and breakfast, and headed downtown. After finding the garage below the Federal Building, we headed in and joined the line, about half an hour before our 8am interview. The line was long but the wait was short. We were in in about ten minutes, waiting for our names to be called. At 8:00 exactly, a young woman came out and called my name while smiling. The precedence of the warm friendly smile continued for the length of the interview.

After the oath and initial questions (my date of birth for her, hers for me etc), we had a few jokes exchanged. She looked through our photos and let out a squee or two at our wedding/reception pictures. After checking our joint asset proof, she asked me the I-485 questions. "Have you ever been arrested?" came up. Obviously. So I explained the last one, which she admitted she'd been a little confused about, so I explained in detail. Laughs were had, and I showed her my UK Police Certificate, showing the wonderful two words "NO TRACE" in bold capitals on the single sheet (meaning the UK Police actually haven't a single record of the three arrests (the last one was five years ago)). After a quick scarper to her supervisor's office to make sure it was all okay, she told us we were definitely, obviously in a legitimate marriage (apparently, it shows!) and that I'd receive the Permanent Residency/Green Card (2yr conditional) in 14-28 days. She even accepted the wife's parents address for delivery of it to make sure I received it in a timely manner.

We were led out to the waiting room while she took photocopies of our state IDs/driving licenses and my EAD/AP. After a few minutes she shook our hands and handed our cards back, and congratulated us.

A feeling of relief it's all done with for the next two years came over us as we walked back to the parking lot, happiness that we can move on and have less stress in our lives as we look towards possibly moving and heading down the path towards starting a family. I realised my heart was beating like crazy, and had been all through the interview - but it was more that the coffee I'd brewed was so strong it was more like soup.

This afternoon, text messages arrived to say my I-485 was in the 'card production' stage!

So again, thank you to those who helped me previously. And thanks to everyone for a great forum with a lot of answers already recorded.

But, one last question: considering my I-785, I-131 and now I-485 have all been approved, when can we expect movement away from "initial review" for the I-130?

*sits back with a beer, feels properly relaxed for the first time in six months*

Since you're getting married in a few days, the legal safe way would be to go back to the UK after the wedding and before your VWP time expires, and apply for a CR1 visa. That's also what you'd have to do if the AOS was denied.

The usual time frame from sending the first petition to getting the visa is 9-12 months.

Right. I'll bear that in mind. Don't want to spend time away from the other half though! :/

-----

Other item of confusion: I-94w. Don't have one. Didn't get one upon arrival. Am assuming that's because of the VWP. Do I need to get one somehow, or just enter NONE: VWP? I've noticed on a quick Google search that some people are confused by the paperless VWP system.

Long post...

Thanks for this insightful, if scary, post. I'm going to talk to the other half when she gets home from work shortly.

That's because there's a contradiction between the written rules: "adjustment of status from VWP is not allowed", and the reality, which is that it's generally accepted by USCIS. There's always a risk though, and you won't be able to work or travel outside the USA until either your AOS is complete or your EAD and AP are accepted.

The less risky way would be applying for a fiancé(e) visa from the UK and doing it that way around?

What happens if it's rejected? I have to fly back to the UK and... reapply? What happens then? (Just so I know!)

Guides page is here http://www.visajourney.com/content/guides

Scroll down and find "US Citizen and Spouse both live/reside in the US" because that's your situation. You are not overseas.

Thanks. That's just what I was looking for!

Or even better, use the link in my siggy.

I've checked that out and it's looking useful. Thanks!

Maybe that's because you're not supposed to seek for adjustment of status from VWP

Just read the AOS guides here, you'll find your answers.

There's one thing that caught my eye in the link in the poster above yours signature... At least one of the PDFs seem to say it's not possible to change from VWP to permanent resident. But I've seen the legal precedence that contradicts this, in a law book, right in my hands, while sitting opposite an immigration lawyer.

I have this sinking feeling I'm more confused than before in some ways!

I'm looking at the forms I need to fill and send off to apply for petition and permanent residency in the next few days.

My fiancée and I are having a civil ceremony in the next few days (applied for the marriage license last week!) with family in attendance, and want to get the forms off soon!

I am aware of the fact that a I-130 needs filed, but I'm getting confused at what else. I will need to adjust status from VWP to permanent, but, if that's not included, is it the I-485 I need to submit? And do I only do that after the 130 has been accepted/pending or can I send them all off at once?

I'm just getting a little confused here. I haven't spotted anything that just says 'fill out these forms if you're in this situation'.

So, we're having the ceremony in the next few days (bigger one in the summer for everyone ), and my VWP runs out in the second week of March or so, so we want to get this stuff filed quite soon...

Spaceman. Welcome! I want to point out that if you are planning on moving to the US, you probably shouldn't try to keep your job in the UK. You are suggesting using AP to go work abroad? For months?? I thought you didn't want to be apart from your fiancee?

I should have pointed out that I freelance occasionally. I haven't worked full time for a few years, as working for a month keeps me buoyant enough to last almost a year. Hence the extended travel in the first place. One client who's been calling on me occasionally for over a decade has a potential big project coming up in the next few months for between 10-22 days... And that's where the possible need for a bit of travel comes from. I wouldn't have thought the visa people would have a problem with me enabling myself to become more financially stable!

But yeah, this will all die once I'm in the US unless there are really special (and I mean lots of zeros) circumstances that require me to be back there for a few weeks. Plus, at that point, the (hopefully by then) wife could come with for a holiday in rain!

Another progress note: Popped the question last night. She said yes immediately. I can't stop grinning!

welcome to VJ !!!

Thanks!

Nope, if you get married now and file for AOS and go back to UK before you get approved, AOS is considered abandoned. You could file AP(Advanced Parole) with your AOS but you cannot leave until you have it in hand.

What's your travel pattern like? In US July-September, then again December-February? Here's the downside - they (CBP officers) might look at your travel pattern and see you've spent almost 180 within one year and conclude you're doing more than just visiting whenever you spend 180 days(or more) outside your home country, and ask you to apply for a tourist visa. It's an "if" however a likely scenario when you decide to visit again using VWP.

I mention this because I otherwise would've suggested the cr-1 route, or simply visiting with a pending fiance(e) petition at USCIS.

However, AOS'ing from tourist visas is okay as long as it wasn't planned before arriving(again, the intent is what is important).

Edit: ...and welcome to VJ!

Thanks for your clarification - things are already clearer in my head. I'll be talking to a lawyer later today about it, just for a quick clarification. I'll probably ask her for assistance filing shortly.

Yeah, my pattern so far has been June - Sept, now... ish... Dec - Mar. I have a few work things I might have to return for but they're still completely up in the air, so I'm not factoring them in. Knowing that there's an AP possibility makes things easier if I have to go back for work.

Thanks.

Well hello to you! Welcome to VJ!!

Thanks!

Edit:

If my VWP runs out on like, for example, March 20 2012, is 19 March 2012 the cut-off for filing for AOS, or before that? Or does the VWP immediately change to 'pending possible change' or something, so I won't get deported if I sneeze in front of a courthouse...?

Obviously I can't AOS before marriage happens, but I don't want to miss any cut-off dates and be apart from my love for, well, any time at all!

Hey there everyone, I just registered and am here to say hello!

I'm a UK citizen that's been in the US for almost two months out of my allowed three on the Visa Wavier Program. I'm living with my girlfriend whom I met in the summer (July). We met and dated for a bit and stayed together for almost a month before I had to go back to the UK for work (something I only need to do a couple of months each year) in September. We've both admitted (stubborn couple here, neither of us wanted to crack and say it first) love for each other and have realised that we're both wanting to grow old together.

Unfortunately, there's the barrier that many of you are already currently scaling - the legal living issue. I'd have no problem with taking her back to the UK, but she's settled here, and I love the life I've created here in the States.

I've started to look in to options for marriage, after we had a talk about it. But I don't know where to start.

The Fiancé visa requires me, if I'm understanding correctly, to go back to the UK and apply from there, then sit around and wait for months to (possibly) receive a go-ahead to come back and marry her. There's apparently another option - we get married here, and I file for adjustment of status and eventually gain things like residency status and a green card. But can I head back to the UK if my work requires it while awaiting the completion that process? How long are the waits for the adjustment of status and work permits etc? Which procedure is that named? (I think it was the K-1 that's the fiancé visa, right?)

I thought I'd ask these questions here before diving in to the relevant part of the forums. Because I just don't know enough!

Any pointers much appreciated. Looking forward to this journey and what it will bring... and wondering exactly when I'm going to propose and how silly a situation it's going to be!