Lisa-O

I am in the same situation. Arrived here on May 10th, married on May 23rd, applied for social security number on June 13th, so I could get my driving licence. 2 weeks later they told me that it was being chased up. Today I rang and they tell me that in 2 weeks I will be out of status. I am SO angry!! Can't get my driving licence, so I am stuck at home day in day out. I said I want to make a formal complaint and they tell me they are sending my paperwork manually, as the computer wont take it...... Welcome to the USA, how not to make you feel very welcome.

Hey Shell20, sorry to hear you're having problems! My problem was completed in a local Social Security Office, do you think you could go to your local one and speak to someone face to face. My SSN was issued because it was an error on the clerics part, and really they should sort it out for you as you applied well in advance! If you have a driving license from 'home' you can apply for an 'international permit' and use your current driving license for up to a year...google it, as I'm not sure how you get them in the states. It is very frustrating, and yes, I felt as if I was being treated different...it's a struggle, but it definitely feels better once everything is in order! Hope it all works out, and check up on the international permit!

Take care

Hi,

I had this exact same problem within a couple of days from the interview! You do need the long version, which I didn't have as they weren't issued in '79. I went to my council office and explained the situation as it usually 'takes a while' for them to produce it, but they were happy to do it within an hour for me. In all honesty if there is any way you can get the long version, do it. I wouldn't gamble on London refusing you, or delaying your visa, and maybe having to rearrange the interview.

Good Luck

Hi,

I had this exact same problem within a couple of days from the interview! You do need the long version, which I didn't have as they weren't issued in '79. I went to my council office and explained the situation as it usually 'takes a while' for them to produce it, but they were happy to do it within an hour for me. In all honesty if there is any way you can get the long version, do it. I wouldn't gamble on London refusing you, or delaying your visa, and maybe having to rearrange the interview.

Good Luck

The long version shows your parents info

I explained in your other thread that you didn't need ESTA, and I explained why, and that your old B2 was not in play any more either. My efforts, for nothing

Exactly! This is what I explained to the check in clerks, and they were adamant that I needed the ESTA...which in due course I didn't! I took your advice and you were correct...the confusion was down to the inexperienced desk staff...and this post was just reassurance for people in a similar situation, that what the desk staff tell you isn't always correct!

Hey Guys,

So a few weeks back, some of you will recall me asking whether there would be any problems re-entering the US on an AP with a past DUI and an expired B1/B2 visa which was used to clear me through immigration in the past?

I took a trip back to the UK from Newark to Edinburgh...Newark staff weren't happy that I had booked the ticket in my married name (to coincide with my AP) and not my maiden name (which is in my passport), I was referred to a supervisor who checked my marriage cert, then printed my boarding pass.

Back to Blighty...had a great time, my husband met a lot of new family...enjoyed visiting York (the usual touristy things)

Travel back to Edinburgh to return home...

So I had with me: Passport, Advanced Parole Card, Marriage Cert, copies of DUI report and Social Security (yes going overboard now) I wanted to make sure I had more than enough documentation with me

Got to the desk to check in...ah Mrs O do you have your marriage cert...ME: yes.... Click, click, click...oh I'm sorry you need an ESTA number or we cannot print the boarding pass. ME: starting to get nervous as the B1/B2 visa was used in place of the ESTA and had now expired?!?! Spoke to a supervisor who confirmed they needed an ESTA number...I have a complete meltdown at the thought of me not being allowed to go home!!!

So the staff were adamant I needed an ESTA...and was ushered to the special ESTA computer...reluctantly filled out the form, for the computer to come back with 'TRAVEL NOT AUTHORIZED'. Obviously my K1 and AP superseded the ESTA. Now I'm panicking!!

So we go back to the desk, and explain the situation, the supervisor says I need to speak to the airline reps to see what they can do. As they hadn't heard of a case like mine before, they call JFK...the adviser on the phone tells them to input the AP like a Green Card and use the A# for the number they need...and bingo...just like that, everything is as it should be.

Sitting on the plane ready to fly to Newark...thinking to myself...if that's getting on the plane, what on earth is Homeland Security going to be like...as in the past I have always had a long wait and grilling in the secondary room about who, what, where, when...

Get to Newark, give the officer my passport and AP, takes me to the secondary interview room (which I was expecting) waited for 10 minutes...there you go Mrs O, you're good to go, I even printed out a copy of your I-94!!

So long story short in my case the DUI wasn't addressed, and if anyone comes across inexperienced agents, they need to input the AP as a Green Card using the Alien number, and you do not need an ESTA number. And always take more than enough documentation with you.

I hope this will help others, as I know no-one had had dealings like this in the past...Im not trying to say this will be the case for everyone, but this is my experience

Cheers

Surely the point of AP is so you can come and go whilst waiting for GC.

As for CIMT have a look here http://en.wikipedia.org/wiki/Moral_turpitude

Drink driving is not a CIMT according to the table.

Thanks Nobbie!

That's a great example, I'm printing it out to take with me! So really this should have been explained when I first applied for the B1/B2, it all seems very vague as to what goes under the VWP and what doesn't, this has caused nothing but humiliation and embarrassment, and like I said before, even the IO's were a little confused as to why I had the B1/B2 visa!

Does not sound like a CIMT?

The immigration officers think so too, a couple have said I shouldn't have it, but I needed it for VWP?

In Montana if you are in your vehicle and if the car is running or even if the key is still in the ignition and NOT running you can get a DUI even if they were not physically driving the vehicle at the time of the DUI stop. If you fell asleep in your vehicle with the keys in the ignition or if the keys were in your possession you may still be arrested on a DUI charge because you were displaying physical control of the vehicle by possessing the keys to the vehicle.

Yeah same theory really, the UK is very strict with this sort of thing.

"They brought it up."

What is "it?"

Your conviction? Or the fact that B2 was close to expiry?

Conviction and VWP and B2 are getting tossed all around here and I am not sure what's what.

B2 is all over and done, dead. Same with VWP. You are no longer a visitor to the US.

So are you asking about your conviction?

Sorry, I meant when checking in at the airport the clerk brought up that my B1/B2 visa was expiring. But as you said that's now obsolete then it should be ok. I read on another forum of 2 people who were in the same situation and had no problems returning, so both the information you gave me and the other first hand info has put my mind at rest. Thank you

I hadn't thought about this before so that makes me have a question to add to her question.

I normally think of the AP as something shown to CBP at US immigration.

At Heathrow they screen the check-in for departure line to make sure everybody got their ESTA approved. Those traveling on a visa, show the valid visa. So what if one didn't have ESTA or a valid visa? Will they let you on the plane with only an AP authorization? I guess if K1s from non-VWP countries are allowed to use it to board, then it must be okay. I was kind of puzzled given what they do at Heathrow where most travel on VWP and some with visas. Not something I had considered before if you have neither.

They brought it up when I moved to the states as my B1/B2 was expiring...I pointed out I had K1 and it was fine. Im sure they wouldn't have issued the AP if it was going to be an issue...I'll just take a copy everything with me!!

OP: You seem a bit confused. Your B2 is over and done. Dead. You can't use it anymore. You are also not using VWP. Don't even try to get an ESTA. It doesn't apply to you at all.

You are entering the US on the AP.

The rules for VWP etc don't apply to you any more. That is all in the past, no longer applicable to you. You have obtained a K-1 visa, presumably you admitted about the issue (I can't believe sleeping in a car while drunk is illegal, btw, interesting). You have since married the petitioner for the K-1 and have applied for AOS.

You will be paroled with your AP.

Thanks for the info...just being really cautious due to the impact of being denied. I'm bitter about the conviction, the police officer stated if this had been a second offence, it wouldnt have been an issue?? And being within 300 ft of your car with your keys under the influence comes under 'intention to drive', completely embarrassing!!

Thanks for the info...just being really cautious due to the impact of being denied. I'm bitter about the conviction, the police officer stated if this had been a second offence, it wouldnt have been an issue?? And being within 300 ft of your car with your keys under the influence comes under 'intention to drive', completely embarrassing!!

*30 ft even!

Thanks for the information...every time I visited my (then) fiance, I was taken to be interviewed further in immigration. You're right, it might not be an issue, but if it is, then it's deportation. I was wondering if anyone had been in a similar situation?

Thanks @VanessaTony

Hey Everyone!

Hope everyone is well...nearly the weekend

I have received my employment auth and advanced parole card this morning while filing for AOS from K1...my husband and I plan to visit the UK for aprx 10 days to visit family and grandparents.

I'm excited for that, BUT I'm not excited for the return journey and getting back into the states...I had a B1/B2 visa due to a criminal conviction 5 years ago (sleeping in my car whilst over the alcohol limit, stupid me! and nothing before or since, not even a parking ticket). Now the B1/B2 visa has expired which means if I was using the VWP I would be declined upon trying to enter the country, BUT I was advised that because I'm applying for adjustment of status, the AOS would come before the B1/B2.

So long story short...will I be declined entry to the US using my advanced parole card with an expired B1/B2?

Thanks in advance

Hey Guys,

Just an update for anyone in the same situation in the future...I received my Employment Auth Card, and it DOES have Advanced Parole with it

Thanks for your help everyone!!

...so, on reading another thread, it appears the Advance Parole is tacked onto your Employment Auth card? Can anyone confirm this? Haven't received an email yet- ahhhh the suspense!!!!!

Hey Guys,

So, I was looking at my status on uscis.gov to check my status on my AOS. I have been accepted for Employment Auth, so no problems there, but when I check my Advanced Parole it says, "we mailed you a notice terminating your status", I will receive more info, but does this mean I've been declined AP? Does this usually happen? So confused - any advice will help, I understand the letter I receive will have more details, but I thought the two were usually accepted hand-in-hand? Anyone else had this?

Thanks, Lisa

Thank you, I just needed clarification on that - so confusing!

Thanks, take care

Hey everyone,

I'm currently going through my AOS after K1 marriage...just looking at my passport and noticed that my B1/B2 visa had expired. I had to get this due to a 'DUI' sleeping in my car drunk with keys (no intention of driving, so please don't judge me please).

I would like to go home to the UK for a visit when I receive my Advanced Parole, but am worried what will happen with an expired B1/B2, or will this not matter any more? Will I have to fill out the ESTA because it asks the criminal conviction question, and if I tick yes (which I would have to) it will be an automatic denial. Obviously I cant just pop back to the UK to get another B1/B2 issued?

I'm completely confused, if anyone has any words of wisdom??

Thanks in advance.

I know I did everything by the book, so I am secure in the knowledge that my living in the USA is legal. What other people want to do with their morals is up to them.

I was angry, but on reading what others' have said, I've come to the same conclusion, that I know we did it the right way.

I would be interested to see what the percentage of couples are passed using this method? *investigates*

Ultimately, a couple who enters on a tourist visa, marries and adjusts is gambling with their future. If it is decided it was visa fraud, then they're screwed.

Doing things the right way is the best way to guarantee your long term life together. I think it's crazy that people are willing to gamble like that (and, often, I think some people don't even realise the severity of the ramifications should it all go wrong).

I couldn't agree with you more

It all depends on who interviews you for your AOS as if you do it via the correct means you have nothing to worry about BUT if you say you did it on a VWP there is a strong chance you could get refused your AOS or at least have to investigate which adds more time on to there wait.

I'm glad I've done it this way, I was just shocked that it could be done that way

Yes you can come on the VWP and decide to get married.

Here is the issue though, it is illegal to enter the U.S. on any visa other than K1 with the intention to get married. So if you come here on the VWP and intend to marry and the authorities some how discover you came with the intention to marry then they will deport you even if you are already married to the U.S. citizen and you will have a ban placed on you.

I know this because I and my fiance nearly did this. One of the intelligent USCIS call center people said we could take this route no problem, but it was when I called U.S. customs and border control where an actual agent informed me that it would be illegal...

Now with that being said it is damn near impossible to determine that you came with the intent to marry, but it's better safe than sorry I guess...

You're very right...I'm glad me and my husband have done it this way. Good luck with your visa

my fiance is telling everyday that she is getting more and more upset everyday she cant be with me and its tearing me apart. this wait is unbearable.

I know exactly how she feels, I was in the same situation, it's a great feeling when you're approved, then the adventure begins. Like the above member stated it's always better to do it the right way!! The wait is hard, but stick with it

I agree. It's whats is commonly called "taking the piss".

Completely...I've well and truly thrown my toys out of the pram waaaaaa

That is seriously depressing

it's soooo depressing we'll get there in the end

Hey All,

So this is probably more of a rant than anything else, but I'm seriously disheartened by my situation! I started my K1 journey Jan 2012...approved Jan 13, married April 5th YAAAYYYYY. I moved to the US in March 13 after a long and stressful wait (as well all know!!). I'm currently waiting for my AOS, AP and EAD to be approved.

Now I have read on another members thread that said person came to the US on a holiday visa and 'decided to marry' there and then, and is merrily AOS-ing now...without any prior planning, paperwork etc...I mean no disrespect to this couple, but I'm dismayed at the struggle me and my husband have gone through and still are, to find out that this is allowed?

I may sound selfish or childish here, but there isn't any equality here is there?

Sorry if this comes across as bitchy or negative, just finding it hard not being allowed to work yet or visit my family

Hi everyone!

My now husband and I have been together for three years, traveling to and from the UK and US. I came to the country on April 25th and had a return ticket however (as I am sure you are all aware!), circumstances change and we both decided that enough was enough. I decided to stay and we got married last week (and before anyone asks it was completely spontaneous and was not the intent of my visit)!

Now... My VWP expires today and I am frantically trying to organize my paperwork. It's causing me so much anxiety and stress I haven't even been sleeping. I want to make sure I get it all right first time!

So I basically want to just run past you what form I have completed and what I am sending with the forms and the amount of the cheque. Here goes..!

I have the I-485, I-130 and I-765. I am attaching a copy of the stamps in my passport, a copy of his passport, my birth certificate, our marriage certificate and a passport sized photo of each of us. Is that all correct?

I also read that I don't need to pay for I-765 if sending with I-485?

My next question is that on the I-130 it asks for my arrival and departure record (I-94) which I obviously don't have as I entered on VWP, so what does my husband put there? There is a similar question on the I-485 about my non immigrant visa number, the date it was issued and the issuing consulate. Do I leave it blank or attach a separate sheet explaining the VWP situation?

I am sorry for so many questions I just didn't know where else to ask!

I really, really hope that someone can help me!

Thank you,

Hayley

Hi Hayley,

You may want to read through the different visa's again as I'm not sure just an AOS will be sufficient. I'm sure it's a CR1 you need (if someone with more experience wants to confirm). If it's as easy as deciding to get married on a visit everyone would be doing this and there wouldn't be a need for a K1...not to sound harsh or negative, but as the above member stated you'll need to go through more checks and a medical. It took nearly a year for me and my husband to petition before I could move here...I could be completely wrong,but it is worth checking

The best of luck in your journey Lisa

I had a similar case and my EAD was put on hold until they received my RFE response (TAX RETURN). Got the EAD 3 weeks after they got the RFE response.

That's good to know, so even if I'm delayed. it won't take too long after they receive the info?