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Speaking from experience, my spouse and I also had the option you are faced with. But I had to return home because I forgot to bring my birth certificate, police clearance and everything else with me when I left the UK... I don't usually travel with all those documents

You do not need a police clearance if you stay & do a AOS, as the USCIS do a background check during the AOS process.

Brian

Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

Hi as She is here now I would say that if you now wanted to go this route, then do so as you should be ok. just get all the documents you need together then go for it.

Brian

There is no state that has a reciprocal agreement with the UK to give a license based on already having a UK one. There are agreements with Canada and many states have an agreement with Germany. So he will start from scratch with usually a written test that allows a learner's permit so he can drive with a licensed driver (you) and practice. When he feels confident about driving, he can take the driving test and get a license. That is assuming he is over 21. Younger than that there are some other requirements.

Illinois indicates that they can give a license to temporary visitors based on their I-94. To me that would be useful for foreign students who are admitted for a long time. Your fiancé will be admitted for 90 days as shown on his I-94. Illinois says a temporary visitor must be "authorized to be in the country for at least one year and have at least six months remaining on an authorized stay"

Beyond his 90 days, he has nothing on paper to show he has legal presence in the US. Once he gets an EAD card, it will show he has legal presence for one year. The EAD card should get him a driver license.

He is only a couple of months from getting his visa. Unless he is prepared to go pass the UK test next week without paying a driving instructor a lot of money, then I don't see the point, especially if money is tight.

Hi in NJ they do,as I have a full UK licence, all I had to do was the eye sight & written tests & they wavered the road test on the strength of my UK licence.

Brian

Really I am certain that VWP you are not meant to use for intention to get married. You may get banned for 3 years for overstaying a year, sorry it is the truth. But if you did file now for AOS you may get to stay but it very unlikely as they will know you overstayed and so I doubt it would be approved. If you leave for sure you will be banned for 3 years and from using VWP again or you file for C1 or K3, you will have difficulties though. It probably isn't impossible to get C1 visa but it not be simple in your situation.

You can use the VWP to enter the US to get married then return back to you home country. How do you think that destination weddings happen, the only time it is classed as fraud is when a person has the intention to stay & adjust status at the time of their entry into the US.

My hubby K-1 Visa will be expiring very soon. Therefore making his visa invalid. We have already filed for AOS.

Does he need to apply for any visa extension while the AOS is in process?

Thanks

Hi it's his I-94 that is due to expire as the K-1 visa expired the day he entered the USA, as you have sent off the AOS he is now in a new period of authorized stay & will be until it is all sorted out.

Brian

What do people suggest I do,shall I go home and do DCF or Adjust my status here in the US?

Not sure which is the fastest and safest way..

any opions

Mega thx

Hi, As you are now here then I would say do the AOS, the forms are straight forward & there is no need to get a lawyer involved as most times they can slow down the process.

the forms that you need are I-130, I-485, I-864, G-325a, I-765, I-131 also I-693. if you look at I-130 Petition and Adjustment of Status Guide it will explain what to do & you can ask questions as well.

Brian

I hope I am posting in the correct Forum.

Does anyone have advice on bringing their pet dog from UK to USA what is required & cost?

Hi, I used a company in the UK called airpets.com to bring my cat over here & from start to finish they were great, the person that dealt with it was very helpful.

Brian

Hi guys,

I want to thank everyone that helped me during the process!!!! I received my green card today!!! yay!! I had my interview last week (Oct 30) and approved right away...

I filed my AOS package back on August 19th, so a little under 2 months and 20 days from beginning to end... very exited to be done with the process.

One last question... I was a student prior to the adjustment of status, and I had my conditional social security card... do I need to visit my local office to have it replaced?

Again, thank you very much VJ

Hi & congrats on getting your G/C as for your SSC yes you will need to go & have your status up dated on there system.

Brian

are you sure?i thought its for those who have got GN

Yes I am sure as your EAD Card is your permission to work in the US until you get your G/C

Brian

on part 5 it ask citizenship US Citizen Legal Alien allowed to work Legal alien not allowed to work and Other

what do i check?other?

Hi as you have your EAD card you tick "Legal Alien Allowed To Work"

Thank you. I am glad it is possible.

If I was planning to do this, what kind of proof should I take with me to prove I am not planning on staying? Also, is it likely that I will be denied access to the US if I tell them i am here to marry but leave afterwards?

Hi you should have prof of strong ties ie :- job, home, anything that will show you still have a life back in the UK to go back too for the moment, until you are then ready to start the process to come over to the US.

Brian

Pretty sure to come here as a tourist with the intention of getting married is fraud. You probably would want to get a fiancé visa.

No it's not fraud, people can enter the US with the intention to marry then return home lots do it every year, the fraud only comes in if at the time of entering you have the intention to stay & adjust status. Even then it can be hard to prove it.

Brian

Hi Ian,

Thank-you so much for your information and encouragement. I work with the government and have had no criminal issues. At POE I told them I was visiting Vegas for vacation and they didn't ask anything further. I have Nexus so I don't tend to have a lot of questions asked at POE. So I will begin the paperwork, from the link in the post I am assuming the CR-1 Process is the one we should be applying for.

Hi, The process and forms are straight forward, we did it all with out the help of a lawyer. The guide you need to follow is the one that Darnell posted as you will be doing what is called an AOS, Adjustment of Status as you are married to a USC and now living here in the US with you other half.

Brian

So if she hasn't done this yet we need to use her maiden name on the forms? Or to make it easier we should wait till she gets her new SS card? Or can we use the married name as we have the marraige licence?

Hi,

I would suggest that to make things more stream line to get all her documents changed into her new name before you file, but you can file everything with her maiden name as it's not compulsory for a woman to take the man's name.

The marriage certificate is the prof the you two are married, as far as I know if she wants to use your name on official paperwork then she will have to get everything sorted prior to you filing.

Brian

Hello vj

I appreciate im probably not the first person to ask this but I have been reading several differant things as I have been looking into this issue.

My wife is confused about which name to use on the i-130 and G-325 form I know that she has to state her maiden name on the I-130 but not on the G-325. On our marraige cert it does not state her new name but she did sign it with her new surname. She had not yet changed her passport drivers licence and so on with the state. So which name should we use her maiden name or my name any advice would be appreciated

Many thanks Jamie

Hi Jamie,

The marriage certificate is your wife's prof that she can legally use your name, the first thing she needs to do is go to her local SS office & get a new SS card in her new name then when she has that get her passport changed then go to the DMV & sort out the driving licence, after that the bank, her works, credit cards & anything else.

Brian

My husband just received his EAD card and also serves al parole. Does he have to wait to receive his green card before he can start working? Also can you travel within the united states once the k1 visa has expired?

Hi, The EAD card gives him the right to work until he gets his G/C, he will need to get his SSN first though. you can travel with out any problems within the US, as for the K1 that expired when he first entered the US as it's a once only visa.

Brian

A very intersting topic, my wife has 2 yr. GC, AP/EAD, and we plan a cruise to Bahamas next month, and she does not have her passport, as it expired, and we traveled to another state, for the """Philippine Outreach Program",..,where they re-newed her pass port, and changed her name to her married name,

Does anyone see a problem if she has her 2 yr. GC, and AP/EAD.,.,.,but may have new passport from Philippine Embassy by the time we leave.

A very interesting discussion on this subject, enjoyed, reading and learning.,.,.,.,,.

Hi your wife will need a passport & her G/C if she intendeds to travel outside of the USA, as for the EAD/AP that's now redundant as her G/C supersedes it.

Brian

If you travel to the US with the intentions of getting married it's considered fraud. I know some people that have done it, but I personally wouldn't risk it.

Hi you are wrong by saying that "if you travel to the US with the intentions of getting married it's considered fraud" It's perfectly legal to come to the US with the intention of getting married, lots of people do it & then return home. Also couples use it as a destination wedding, where it's considered fraud is if you enter with the intention of adjusting status as well.

Congrats Erica

Hey everyone,

We had our interview yesterday at 8:45am. We drove for 4 hours during the middle of the night from North Alabama to Atlanta, and we were both pretty tired by the time we got to the office. We got there an hour early but checked in around 8:00am and waited for about 20 minutes to be called in. There were maybe 5 other couples there, 2 before us, but we got called in before them. Not sure why.

Our IO was a very quiet, meek-looking man probably in his late 30s. Had a shy demeanor, but was nice. Just seemed like someone who would sit awkwardly in a group of people, and probably just goes to work and goes home everyday. He said good morning and lead us back to the office, we took our oath, then sat down.

He confirmed all the applications we sent in and then casually asked about our addresses, birth dates etc. Then he asked more questions pertaining to how we met, when did we decide to get married, what we did up in Canada when my wife came to visit and if we had spent time with each other's family or friends.

He asked me if I had any more documents to show him other than the ones I sent in with our application. I showed him my accordion file, 3-ring binder full of copies and my photo album. He looked through everything and just confirmed small pieces of information throughout. He asked if we had our phones with us or had any more photos of us together. I explained to him the conditions of my disorder and that it's more of a trigger for me to be in photographs and he complied. I had provided like 30 photos but they were all selfies of us together and some of them I would be hiding my face; or pictures of my wife with my friends. He then asked about our jobs and took some of our IDs, photos, and documents to add to our file.

He then explained that we would get a 2 year green card in the mail and explained ROC. He said we had a lot of stuff and a good case, but that he had to "finish up some computer stuff" and get someone else to finalize everything. He said to expect a decision in 2-3 weeks but that everything looked in order.

We thanked him and left, all in all it probably lasted for 20 minutes.

I'm a little disappointed because I was really hoping for on the spot approval. Or just the word "approved" for peace of mind. I haven't heard anything yet, even though I've read of people not getting a direct answer but then a few hours later getting the text/email updates. I am hoping he wasn't thrown off by the pictures thing. It was hard to read him, he would smile and things when my wife and I were conversing and making jokes but never really laughed or made comments.

I am kind of bummed out but I feel like why would he explain all of that stuff to us if he wasn't going to approve us or recommend us for approval? I am also wondering if there are different tiers of IO that do interviews, since he said someone else had to finalize it. As opposed to some IO who can approve on spot and couples that get their text/email notifications a few minutes later? I don't know, I'm just so tired of waiting.

Hi Erica, to me it sounds like you have got it I do think that there are some IO's that can make an on the spot approval, your one sounds like he has to have someone more authority to push the big red button. Don't go worrying it will all turn out ok.

Brian

Hi, I am in a unique situation and need some advice and hopefully some answers to questions that I can't seem to get a hold of.

I am a US citizen, and while I was posted to Singapore and lived and worked there, I married my wife, a Singaporean citizen. We were married in 2011.

Just recently I took a job back in the US in March 2014. The job offer came in February 2014, very suddenly and things moved quickly.

Once I realized the job offer was coming I filed the I-130 for my wife.

I misunderstood some items when talking with the US embassy in Singapore, so we planned everything and made plans to move to the US together. In hindsight, the midundertanding was a big mistake.

I came back to the US before her at the end of April after a business trip, and she followed in May 2014.

She came in on the Visa Waiver Program and ESTA, and was pulled for questioning.

Now, we realized our misunderstanding, and that she was not allowed to come into the country under this program, as she was planning to come, stay with me and wait for the I-130 and whole process to finish up.

Our misunderstanding in talking with the embassy was that she could travel and come into the country before the I-130 and the subsequent items were approved. But that is in the past now.

She was pulled for questioning, and after 2 hours, they admitted her to the US under the Visa Waiver Program. They told her that she would not be able to use the Visa Waiver Program again if she left, but that she could apply for Adjustment of Status. They told us that the reason they let her in was because we told the truth, that we were mistaken about the procedure, and that we were not fradulently trying to get any status for her. We just made a mistake.

Within 2 weeks of this, we got the proper advice and filed the I-485, I-131 and I-765 the proper way.

Currently we are in the Request for Evidence mode for the I-485 and have had biometrics done.

The I-130 that we filed in Singapore is currently moved to our local office here in the US.

But I have a few questions which I am unsure about and trying to find answers to and get advice from reading through here.

- At what stage of the I-485 can you consider it to be a Pending Approval? After the interview? When the interview is scheduled?

- Her Visa Waiver expires at the end of July (90 days). Can she stay until Approval is given? Or must she leave the country when the Visa Waiver expires?

- We are going for an expedited I-131, we have an Infopass appt next week, because her father is ill and in the hospital and facing major surgeries, so she wants to be able to go and see him without risking the abandonment of the I-485 application. If she gets approval for this, at what point in the I-485 process can she use the I-131 (AP)? Now, before any interview and during the Request for Evidence? Or will it only be available to use when an interview is scheduled? Or after the interview?

- If the AP is approved, but her Visa Waiver has expired and she is overstaying it, can she use the AP to go see her father? Or is this not advisable because she would not be able to get back into the US because the I-485 has not been approved yet?

Thank you very much for all of the help in advance.

Timeline

2011 - Married in Singapore

Feb 18, 2014 - Filed I-130 from Singapore

May 3, 2014 - Entered under VWP after questioning by Homeland Security, told that she can Adjust Status

May 26, 2014 - I-485, I-131, I-765 sent via Priority Mail

May 30, 2014 - Recevied by USCIS

June 16, 2014 - I-797C Issued for I-485, I-131, I-765

July 8, 2014 - I-130 moved to local US Office

July 8, 2014 - Letter sent with Request for Evidence (letter not received as of yet)

July 9, 2014 - Biometrics Done

July 14, 2014 - Upcoming InfoPass Appointment for Expedited I-131

July 31, 2014 - Visa Waiver Set to Expire

Hi, you can forget about her I-94 visa waver running out & having to leave the US, on the 16th of June you received the NOA1s for the I-485, I-131 & I-765 so your wife is now in a period of authorized stay until her pending I-485 is approved or denied, so until she get's EAD/AP combo card or her Green Card she must not leave the US as doing so will close her application.

Brian

Off to my interview with my wife at midnight tonight. It's at 8:45am in Atlanta, hopefully everything goes well and there is no bias held against us being that we are in the south.

Good luck to you both, not that you will need it.

Brian

I get the K-1 fiance VISA last week..So anyone tell me can i pay 165$ fee online before departure to U.S.A...??

Hi & congrats on your visa, as for the $165 immigration fee you don't pay this as it is only for people who have got a CR-1/IR-1 spouses visa. It's for the progressing fee for there Green Card.

Brian

Ah ok, I did enter my mother's maiden name where the forms asked for "other names I was known under", so yeah, I'm not trying to withhold any information... Would I still be given legal status and protected from deportation if the I-485 was received but I got an RFE for that other document? It might take a couple of weeks before I got it and got it translated Thanks a lot for the information by the way

Oh and as for translations: do I need to have them done by a third party or can I do it myself?

You will be alright as has been said before once you get the NOA1 for the I-485 you will enter a period of authorized stay until it has been all sorted & you have got your G/C.

In regards to doing the translations I do believe that you can, I think you have to declare that you are competent in translating it. I hope that made sense.

Very true, I'm thinking it wouldn't hurt to turn up for the original date and time, worst that can happen is they send me home until the following week . I will call tomorrow and try and speak to a tier 2, if they say the change is in the main system I won't worry. But if it still shows the original and only the field office with the new then I will go.....I was soooo close to the day...lol

All being well then after you speak to a tier 2 then you will have a more clear view of what to do. If you do have to wait till the 17th it's not that long away & it will soon be here. I wish you both luck, not that you will need it.