whitty2812

Thank you LionessDeon... Much appreciated!

For the record, I didn't seek a "better life" in America. I'm from London, the quality of life is pretty high. I only came over here for my soon to be ex-wife. They are both great places to live though, it's just I can develop my career far further and quicker in the UK than I can here, and my family is over there!

Haha. MacUK, I'll definitely be soaking up the Californian sun before I head back!!

But as we had only been married such a short time I thought the green card was "conditional" based on our marriage? If we divorce does that not void the conditions that the green card was based on?

I don't want to stay in the USA permemently. I want to go back to England.

Not until December 04 2016.

I feel like my ex-wife may try to call immigration and really mess things up for me. That's why I'm worrying.

Hello all,

So my marriage is ending.

We had been married less than 4 years on entry to the USA so I obtained a Conditional Resident Status. We met in the UK and got married there, then moved to the USA.

We should have the divorce paperwork filled in the next month or two... At which point my greencard automatically expires right?

I don't want my last memories of being in this country to be negative, so I am planning on taking a month to go to NYC, San francisco, and LA. Then from LA I will fly back to London permanently.

Is it possible for me to apply for an ESTA while i still have my greencard? I don't want it to expire mid way through my trip and then be stuck in limbo (illegally). At all CBP points during my journey I know I will have to explain myself thoroughly, but I was just wondering if this plan is possible?

Any advice or thoughts would be appreciated.

I spoke to CBP about this a cand they said your departure arrival record isn't even looked at because you are adjusting status and in the country. It's irrelevant. Do not worry!

My wife and I are submitting my AOS application next week.

My wife did not file tax returns for the last year as she was studying full time in the UK (where we met) and was not earning above the minimum amount required to file taxes. I've checked the IRS website and she is technically exempt from filing. However, the Affidavit of support requires a copy of the tax return for 2013/2014.

My Father-in-Law is a joint sponsor and we have his tax returns. He had my wife listed as a dependent on his tax return.

We have all the paperwork in order except for the tax return which she didn't file. Can anyone advise me of the best course of action?

I'm a UK citizen filing for AOS with my USC wife. My wife is going back to school, and we will be using our savings until I can get my employment authorisation.

To make sure AOS runs smoothly we have asked my father-in-law to be a joint sponsor. Now we are really confused with the i-864 paperwork.

Wife - limited student income and our savings

Father-in-law - working physician

We shouldn't have a problem, but we are unsure which forms to file.

Do we need to file two i-964 forms, one from each joint sponsor??? Any guidance would be greatly appreciated.

They said that as I had a round trip ticket the airline had to record it and bla bla bla.... etc.

He said if I am filing for AOS, the incorrect travel log for i-94 is irrelevant. He said it really doesn't matter. Better safe then sorry! Hope that helps Jadacue.

Thanks F1H1l130 !!

I definitely called the airline and cancelled the flight. But I only did this a few hours before the flight. Therefore I may have been on the manifest. I will call CBP now! Thanks F1H1l130!

But when I contact them, are they going to ask when I'm planning to leave??? As I have no flight booked and don't intend to leave.... Will they try to deport me?

Thank you all for the responses! From what I've read I didn't see it as a problem, but wanted the advice from more experienced people. Thank you!!!

Thanks Harpa, I called around and found one for $150!

I entered the country on the VWP visiting my wife, and while here our i-130 has been approved. We have decided to file for AOS.

While checking my i-94 it shows that the travel history is incorrect.

Travel History:

The problem is, I told the CBP officer I was leaving on July 17, which at the time was correct, but during my visit we decided to extend my trip. Then we received the NOA2 for i-130. I am still in the USA and my passport stamp allows me here until September 2nd 2014. We are filing AOS in person long before Sept 2nd, around two weeks before.

Will this incorrect travel history affect our application???

Well I'm trying to weigh up the pros and cons of each, like you suggested. Haha. That's good to hear about the sale!

I'm potentially going to file the AOS but still trying to work out the costs of the medical over here. I only have travellers insurance so its going to cost an arm and a leg I'm imagining.

Thank you so much for your help and advice!!!

Thank you Nich-Nick for all that info, it is so extremely helpful! I do have one question though.

Just so you are clear. You file a separate (and free) application for work authorization (EAD) along with the AOS. It should be approved before 90 days passes. Then you get to work while waiting on the Atlanta office.

Is EAD free for me? I'm unsure as to whether I count as an exception from the $380 filing fee.

If found a Government document that has been quite useful:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

It basically says an AOS application would be processed at my local field office (Atlanta). Their current AOS processing time is roughly 7.5 months. Then there would be the interview on top of that. Its definitely going to be quicker and far cheaper to do consular processing in London. Especially as I can't work here!

Thank you both so much for your advice!

Thank you Nich-Nick!!!

Hi

I am in a similar situation to Zittajohn. My wife is a USC and our i-130 has been approved while I am currently visiting.

We really do not want to be separated again, but money is tight for us, especially as I am unable to work while in the US. If I stayed or overstayed I'm not sure how long our money would last. Would AOS take much longer than going down the NVC & Consulate route? We have the NOA2 notice for the approved I-130 now, so just need to know the best course of action.

Can I also add that I am in the US on the Visa Waiver Program.

******Hoping someone can give us advice! Unusual scenario!*****

My wife is a dual US and UK citizen and I am a UK citizen. We met in London and were married there. She moved back in January for a job. I came with her to visit for 3 months and we filed during my visit.

We filled the i-130 in early February and then the i-129f in late february. We didn't use a lawyer and got very confused thinking our only option to speed up the process was filing the i-129f.

I went back to London for a few months. Then I came back to visit my wife over the summer. During my visit, we have received NOA that both i-130 and i-129f have been approved and sent to the NVC.

Legally, my passport says I can stay till SEP 02 in a months time. Would it be possible for us to file AOS i-485 and let me stay in the country? As my legal presence will expire SEP 02, I don't want to stay here illegally or anything that would annoy the US Government.

We are very confused and would appreciate any advice!!!! Thanks!!!