Nathan&Emily

If you're applying for AOS from K-1 after being in the country for 90 days (or often less) then chances are you won't even HAVE most of the proof required to frontload the application. I couldn't go on our rental agreement as I had no credit to run and wasn't in the country when the lease was signed. I couldn't get the joint bank account until my SS# was through which was almost to the point I was applying for AOS anyway. I can't see that it makes any difference at all having the extra info as all the AOS needs is proof that you've got married within 90 days and are applying together. The big proof is going to be for the ROC when proving its bonafide and you've had time to build the evidence of a life together.

EAD cards received yesterday Now just waiting for GC interview or (fingers crossed) straight approval.

But if the USCIS allows visa overstayers, isn't that exactly what we are debating about? If the USCIS allows visa overstayers then it must not be illegal.
You were saying that overstaying a visa or adjusting status after a visa is expired no matter if on K1 or VWP may qualify for that person to be deportable, which yes, I agree with that, it is risky business. But is it illegal for a person to wait to adjust status? No, I don't think so. I was just making a point that really anyone is deportable unless you are a USC.

No. When you marry, you just need to show that you have come into the country LEGALLY. There are people that try to find ten year old I-94's to show they came into the country legally.
http://www.visajourney.com/forums/topic/408259-overstayed-tourist-visa-married-us-citizen-but-lost-i-94/
^ Overstayed for two years, requested a copy of a two year old I-94 to AOS off of.
My husbands I-94 expired March 4th, we sent in our AOS application April something, his I-94 was very much expired. No problems, not even an interview.
He went out of status on purpose because we were waiting for money. A LOT of people go out of status on purpose for MULTIPLE reasons, for days, months, years, on K-1 visas, visitors, J1's, F1's, everything.
Here's yet another person who overstayed a tourist visa, AND THEN EVEN GOT MARRIED AFTER THE OVERSTAY: http://www.visajourney.com/forums/topic/525766-overstayed-tourist-visa-got-married-in-need-of-advice/
IF YOU ARE AN IMMEDIATE RELATIVE, YOU DO NOT NEED TO BE IN STATUS TO AOS.
Page 1. Part 1. A. Form I-130 Petition for Alien Relative https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf
Page 1. Part 1. B. Form I-485. Application to Register Permanant Residence or Adjust Status: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf
I-130: If you are a USC you must file a seperate form I-130 for each eligible relative. You may file form I-130 for A. Your spouse.
I-485, Who is eligible for I-485: You may apply to adjust your status if: You are filing this application with a completed relative petition (I-130), special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.
With all this said, if you feel that any person out of status is doing anything against VJ's TOS because they "purposely" went out of status or "are deportable". Please, report every thread in the entire Adjustment of Status from Work, Student, and Tourist visas forum (As they all came here on different visas and are staying because of marriage, REGARDLESS OF THE TIME it took to AOS). Please report all people who have overstayed their K-1's, because they don't have the money to AOS. You'd have more than 80% of VJ reported to VJ because of this.
No one's telling them they aren't deportable. ANY POINT OUT OF STATUS, CAN GET YOU IN TROUBLE, no one's denying that. People have told him that already.
I gotta go to sleep. This is ridiculous. But those who have adjusted off of VWP, tourist, anything that ISN'T K-1, immediately or otherwise, PLEASE KEEP POSTING IN THIS THREAD. Don't let the OP think he doesn't have options when he does.

Pretty much what I thought. Seemed a bit unfair that all the posts were telling the OP to leave the country and file CR-1. Once he did that this option ( a perfectly valid option) would be unavailable to him.
OP - You should be able to remain out of status until your wife is 18 and then file the I-465 and I-130. Doesn't matter if others have had to wait that shouldn't impact on impartial and fair advice to yourself and is not relevant to YOUR situation.
However you should be aware you will NOT be able to leave the country until Advanced Parole is acquired which would likely be in 18 months approx.

Wasn't a dig at you. Just saying that the wrong advice was given earlier (unfairly so imo) and I did say he wouldn't be able to leave the country for approx 18 months.

My husband was out of status for a couple of months pre-AOS from a K-1. There are probably more people who went out of status at some point in their AOS process than there are those who filed while their I-94 was still valid.

You can come into a K-1 visa and marry as long as you're of legal age for the state you're marrying in, or have premission from a parent for younger than 16. The K-1 would put them in the EXACT same situation they are in now.
The reason for overstay does not matter, over stay is over stay no matter how it's done. Waiting for your K-1 married spouse to come of age, or waiting for your VWP married spouse to come of age.
If it's against immigration law for someone to come in and marry someone who legally can't AOS them, I'd actually like to see that, because that would really conflict against those who marry as a USC minor on K-1 visas.
If the OP had asked: "I married my girlfriend when I came in on a VWP. I planned on just a visit, but we talked about it and decided we should get married! We won't have the money to AOS for two years, is that okay?"
People are going to tell him yes, that's okay, and repeat everything we said about him not being able to work, etc.
But since the OP said "I married my girlfriend when I came in on a VWP, I planned on just a visit, but we talked about it and decided we should get married! She can't legally sign the I-864 until she's 18, so can I wait until she's 18 to AOS?"
What would happen on a K-1? "I came in on a K-1, married my fiance, but since she can't sponsor me in AOS, what should I do?" People aren't going to tell him to leave, they're going to tell him to eat overstay and AOS when he can. The same thing everyone tells everyone else when they overstay K-1 for financial reasons or what ever reasons.
While these are fine details to us, immigration isn't going to ask them why they took so long to AOS, they don't -care-. People here care because they want it done the way "everyone else" did.
The reason they overstay does NOT matter. Over stay is over stay, the reasoning does not matter, because USCIS does NOT care unless they came in ILLEGALLY.

Technically yes.
Generally though, ESPECIALLY, on VJ, people frown on others who come in on VWP or visitors and decide to get married and adjust. Kind of a "Well I had to go through this and others did, so you should too!" mindset.
But yes,he had no intent. Overstay would be forgiven, they most likely (99%) wouldn't have an auto-approved green card and have to survive the interview. Other than the K-1 visa meaning he came into the country purposely to marry, his over stay from the VWP while waiting for her to be old enough to petition him wouldn't be treated any differently than his overstay if he came in on K-1 and was waiting for her to be old enough to petition. He legally came into the country. Overstay is overstay, reason doesn't matter.
We've had people on VJ be out of status for 10+ years and then AOS with little to no problem.
Remember though, you won't be able to drive or work. You can't really do anything and you'll need to avoid any trouble. It may drive you crazy.
Again, while it's frowned upon and we may not like it, it doesn't hurt them -that- much to do it. We have a forum for adjusting from things that AREN'T K-1 for a reason. LOL
Now if the system should be like that, make it almost easier to come in and marry and stay versus MAKING the married person leave and do CR-1, that's a whole other story and debate.

When you are in the United States, adjustment of status is a totally legal process offered by USCIS to stay and get permanent residence.

He had no intent to marry when he came in, so he hasn't broken any laws. Yes, I'm telling him he CAN overstay, and he CAN apply for AOS off an overstayed VWP because he came into the country legally, but we also tell people every day that there is no timeline to AOS from a K-1 visa, which is telling people to overstay. This is common knowledge on the forums.
Again, this whole forum wouldn't exist if people didn't adjust from a visa OTHER than a K-1 visa. http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/
If everyone had to leave because of marriage, no one would be adjusting from work, student, or tourist visas.
I personally am against someone coming in, marrying on a visitor visa, intent or no intent, but I'm not going to pretend that immigration law doesn't allow someone to overstay for YEARS and then forgive it upon marriage.
As long as you have entered the country legally, with any valid visa, you can marry and overstay, and then adjust status without any punishment from immigration. They can not deny you for marrying and staying, they can not deny you because of overstay. They CAN deny you on bonafide marriage, which is why I said they'll just have to survive the interview, but they will receive no punishment directly related to coming in on a VWP with intent to visit, deciding to marry weeks in, and then waiting to AOS until she is of legal age to do so.
Do people like it? No. Does disliking it make it not exist as a way to get your green card? No.

Pretty much what I thought. Seemed a bit unfair that all the posts were telling the OP to leave the country and file CR-1. Once he did that this option ( a perfectly valid option) would be unavailable to him.
OP - You should be able to remain out of status until your wife is 18 and then file the I-465 and I-130. Doesn't matter if others have had to wait that shouldn't impact on impartial and fair advice to yourself and is not relevant to YOUR situation.
However you should be aware you will NOT be able to leave the country until Advanced Parole is acquired which would likely be in 18 months approx.

You are a legal alien allowed to work. Do not mark not allowed on the form.
As a K-1 entrant, you are eligible to get your SSN and you could apply for an EAD right away before AOS. Don't do that though. It is a pointless waste of money, but the fact that you can is why you are a legal alien allowed to work.
~ Moved from General Immigration-Related Discussion to Social Security Numbers - topic about SSN~

Hi and welcome to the US. You can indeed apply for a SS number before you get your EAD and indeed before you get married. All you need is a printed copy of your I-94, your passport and Visa, and your birth certificate. Your SSN will not allow you to work but it is vital in setting up a bank account or being added to your spouses account. Once you get your EAD you will then be all set to work.
I got my SSN about 2 weeks after arriving in the country and it took ten days to arrive in the post.

If you're applying for AOS from K-1 after being in the country for 90 days (or often less) then chances are you won't even HAVE most of the proof required to frontload the application. I couldn't go on our rental agreement as I had no credit to run and wasn't in the country when the lease was signed. I couldn't get the joint bank account until my SS# was through which was almost to the point I was applying for AOS anyway. I can't see that it makes any difference at all having the extra info as all the AOS needs is proof that you've got married within 90 days and are applying together. The big proof is going to be for the ROC when proving its bonafide and you've had time to build the evidence of a life together.

All you need is the printed confirmation of the DS-160 being submitted as far as I recall. There's no letter from the embassy that you have to give them (well wasn't in July) as I didn't receive anything from the embassy in the mail. Also the wait is often MUCH MUCH less than 3-4 hours. I was there a total of 70 minutes from walking in to walking out. Also the visa numbers aren't always called in order so don't fall asleep thinking there's 20 people until your number.

Point #11 contradicts the first paragraph. Point #11 says "If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form" It says IF YOU ARE MISSING SHOTS.
The other link says you need it regardless of if. This point really does need clarifying. I've sent my AOS off without the I-693 and just with a copy of my DS-3025 so I guess I'll find out soon enough.

My experience with local DMV offices is they are clueless about immigration laws. Same with city cops and state highway patrol. And if they know anything it is the general stuff like for greencard holders or those on long term visas. A K1 with nothing on paper to show they are admitted to the US past 90 days is often beyond their comprehension. Very few states put what qualifies as "resident" on their Websites. They speak to the broader audience. One I recall says something like you are considered a resident when you enroll kids in school, or have a job, and a few specific things like that. Most states don't even lay it out like that.
So good luck with getting a correct answer specific to K1 at the local DMV. They will say something like "you have x-number of days to get a state license once you become a resident of this state. But the unanswered question is exactly when is a K1 considered a resident since they are only admitted for 90 days and their visa is invalid from the day the use it to enter.

Me too, I just stacked them in order without all those paper clips for every little subsection. The exception was applying for adjustment atatus from K1 with EAD and AP, That's three separate applications going in the same mailing. I used the bulldog clips to hold each application together as a unit.

Is it permitted in ToS to attack others and accuse them of lying?

@canadian_wife I'm not here to prove my honesty, I don't have to prove anything to you. If you don't believe me, fine, I really don't care. I have had enough of your acquisition, I'm not going to take your bs anymore. You don't know what happened, so if you can't add any useful suggestions, please stay away. There're plenty of other people who atleast knows how to talk and are willing to help and I'd rather spend my time replying to them.
Moving on, everyone else, I haven't stayed unlawfully for more than 180 days, so invoking section 245, I filed for AOS. That is all right I believe. It's through the new employer who I have worked for for a few months on CPT, and legally.
The problem is fraud. USCIS terminated my F1 status due to that, and since I had no other status, I was asked to depart. The letter did mention "fraudulent document" but they haven't ban me, but did mention it may be difficult for me to return in the future if I stay unlawfully.
My lawyer is good but he too is not sure how USCIS would respond to this. He said this AOS application would buy me some time and almost certainly I'll need a 601 waiver later.

Do you know I had a feeling if you were to reply it would be a reply like that. To that end its pointless to continue with this thread as I pretty much understand your empathy levels. Just like my reply to you has no direct correlation to the initial post neither did your original post.
Since you've made yourself the "posting police" please rate my reply to you as "out of order".
Ps take a look at the hundreds of posts on here that are not fact based... The posts that encourage others, console others, humour others...
So as the great Rafa Benitez once alluded to.. Not everything is so black and white... Fact!!

I wanted to chime in because although I have no experience of waivers, I am in a similar but reversed situation. I am the UK citizen and my husband is the US citizen. Our plan was to live in the UK as I have a very good job. I have a master's degree and have spent many years in the same industry and I'm doing very well. My husband loves the UK (although he has never been). He loves the music and culture here. He's an artist.
But my husband has been permanently banned from the UK. He cannot even visit. Even when I was in the hospital last year about to face brain surgery he was not allowed to come. Because he has a conviction for theft from 1990. We were devastated but we have moved to plan B and applying for my spousal visa for the US. I will also be leaving a very good job here. I'm hopeful that I will find employment in the same field there but I have decided if I have to flip burgers at McDonald's then I will. That got me through university so I can do it again if I have to. I would be suicidal if I couldn't live with my husband.
We are having to make the best of a bad situation. My parents are also from two different countries and are divorced and I was sent back and forth between two countries throughout my childhood. It was tough. I'm not thrilled about moving to the USA but this is the man I want to be with. If I am denied a spousal visa (and there's nothing in my history to suggest I will be but I err on the side of caution) then we will look at another European country. Even if the UK leaves the EU I still have another EU citizenship to fall back on so there is that advantage for me.
I've reached the stage where I don't care what I earn, where I live, whether the weather suits me. It's my husband I want. And I'll do whatever it takes. My husband currently rents one room in a shared apartment. That's where I will be living too when I arrive. Yes, I had my own house here, garden, drive, etc. I enjoy my job. I have good friends. But I am leaving them behind for my husband and I would do it 1000 times over if I had to.
There isn't even a 15-year clause or a waiver for my husband to come to the UK. Our only hope is a change in the law by a subsequent government.
I made a vow to him - in good times and in bad times, in rich times and in poor times... And this is what I have to do.
I think you need to think about what matters to you. What stood out for me was you said your husband is a "nice guy". I work with nice guys, my neighbour is a nice guy. My husband is so much more than that. What is your husband to you? I was also concerned that you said you wouldn't have married him or had a child with him if you had known he couldn't move to the USA. Quite frankly, immigration is a privilege. Even with a spotless record there is no right to immigration. One of you would have had to move. You are resentful towards him that he can't and you are refusing to. You can't afford to be that stubborn on this path. You should have married a Californian.
I'm not going to say anything about your slating of the UK, the NHS and our justice system when you've never even lived here. Your husband did the wrong thing and this is part of the punishment. We don't all hate Americans. I'm sorry you got a raw deal from the system, so did I. But you need to focus on how you can make it work rather than spew hatred towards a country that you may well have to call home if this marriage means anything to you.

Mine took 12 days from submission to receipt. The official ACRO guideline is 10 working days from receipt of form to dispatch of certificate so maybe allow a little more than a week just in case.

Also good to get tailored information to specific cases from people... No harm in asking a question...