Myopia

Hello Everyone I summited my package March 8, NOA the 23th of march a week later the biometrics appointment for april 18th, April 4th walkin biometrics sucessfully and today april 18th i got my interview appointment letter for MAY 23 at 1 pm! Super excited and nervous. Any idea when will i get my EAD card?

That's awesome. Where is your District Office? You must be in the smallest town in the US!

Is it allowed now rather overstay or not, what the government doesn't realize is they have opened the door for many so called tourist to come here and live permanently without going the proper route. BIG MISTAKE, This country is going to be so overpopulated that I fear that me and my family will have to move to Alaska.

I don't have anything against nobody, but cheating the system should be forbidden.

Katie..No need to exaggerate.

Do you know how many Haitians came to the US before the earthquake and overstayed? It was only because of the earthquake that they were able to gain TPS status and do you know how many people I heard complaining about the very same thing that you are complaining about??!

I doubt that this country will ever be overpopulated. That's just ridiculous but I tell you what moving to Alaska may be a good move. I hear that all Alaska residents get some oil money from the state.

I didn't realize that AOS on the VWP was allowed... why do they allow this, and why doesn't everyone do it, if it is that easy? The only downside is not being able to work, right?

They allow it because the US government generally want families to stay together. If, for whatever reason, someone ends up in the US and finds it impossible to a) leave the US in order to file or b) leave their new spouse then AOS from the VISA Waiver is an opinion. The reason that everyone doesnt do it is because it is not the preferred route. It is an alternative for those who have no other recourse but it should not be the first option. Everyone who files on the VWP knows that if their application is denied then there is no way around the fact that they would have to leave. No option to appeal a decision. You have one shot and thats it.

That is a huge risk and one to be avoided if possible.

So the downsides is you cant work, you cant drive, you cant leave teh country, if you are denied you have to leave and face a 3 year ban that would need to be overcome before any new entry to the US. There are a lot of downsides.

If he is denied then he has to leave.

We had no intent on marrying but he started looking on VJ just to see what kind of options he had... and came across a post like this, saying that it was possible to do. I didn't believe him, which is why I posted myself. He has a return flight and has to work in Paris as soon as he goes back... wouldn't that be enough proof? What would be the downside of just AOS after marrying? Also... I was under the impression that if someone came over on the VWP for 90 days they had to stay out of the country for 90 days before they could come back....

It may be better to go the CR1 route if his work is important to him. Entrance on the VWP is always on the discretion of the Immigration officer that he gets at the port of entry, but if he has paperwork to show that he has filed the CR1 then they may be ok. They may deny him but at least he will be able to tie up his loose ends in the UK and then come to you with the instant ability to work.

Any other way, he will be dependent on you until he has the ability to work.

I think if someone marries on day 2 on entrance to the US on a VWP, it looks iffy but I have read that it doesnt matter so what do I know!

There used to be a problem with Visa Waiver Overstay adjustments but not anymore.

Recently USCIS made it clear that Visa Waiver Adjustments (whether within the 90 days or without) are going to be adjudicated as normal. As long as there is nothing shady about your application (Another spouse in a home country, ICE was about to knock the door, entering the US with an intent to be married and adjust status etc) then your application should be straightforward.

Some people may ask you how it is that you and your fiancee have spontaneously decided to marry and adjust whilst he is here but really it is none of their business.

As long as he came here, as you said, then you can marry and file. It is a very simple process as long as you have a head for detail and make sure your application is beautifully put together.

There are some guides at the top of this page. Click on the ones that are relevant for I-130/I-485/I-864/I-693/I-765 and if you file before the 90 days are up I-131. Read all the instructions and read them again. Then start to build your application.

Use VJ as a good reference point and you should be fine.

Again there is NO issue with VWP overstay but if he does overstay then you will not be able to leave until his application was adjudicated. Could be at least 6 months.

ON EDIT. Intent is going to be a problem for you if you marry. He just came a few days ago.

You can get married now(if that is what you planned) and then file the CR1 visa. He can stay here until his 90 days are up and return to his VWP country. He can even travel back and forth to see you in the interim which if he reallt wants to travel would be better probably.

Whatever they ask for bring, regardless if it was sent already. You sent copies of everything so when you go to your interview bring the originals and anything else that you think may help your application such as photographs, affidavits, 2010 tax return or anything else that can help with the adjudication.

All the best!

The policy was changed a week or so ago, you got lucky. Nuff said.

LOL. The policy in San Francisco was always the same. The policy was changed about a month ago for others who were on hold/or in states of denials.

First off CONGRATULATIONS!! You deserve to be happy and celebrate the successful AOS of your case and your case of "In yo face" was cute to me...but then again I get that a lot of how you feel must be relief.

At the time you asked your question, most of what people were doing was speculating especially based on the fact that you filed in a state that had one office denying VWP overstays. Maybe some were a little OD about it but you shouldnt feel as if you didnt have any help at all.

Anyways..Congrats again...wishing you ALL the best!

Myopia if we wants to answer me he can, and if he doesn't he can as well, if my post bothers you, you don't have to read it

I am sorry but for a doctor the united states is not the easiest country to immigrate to, where are other countries who are a little bit more opened, and with amazing programs as well.

I get the home country is not safe but obviously he must have some ties,

Med school is not cheap so it's a risky decision to pick the united states, I am just trying to get more info that could make us understand the red flag other than a tip and a few answers that didn't match,

Cookies. I know so many foreign doctors (literally) that choose the USA and UK as a place to practice medicine that I guess I assumed that most people knew that these two countries are the top 2 choices when a Doctor wants to immigrate or specialize. They get paid much more money than in their home countries and education wise is considered the best.

Your post did not bother me in the least, I hope his answers gave you the clarity that would enable you to help him more.

Just corrected your statement, I am sure you would not want to infer that your opinion was the only one.

Why would you correct my statement and then tell me that you believe that I wouldn't want to infer that my opinion was the only one.Do you mind read?

You could have just asked me if I thought my opinion was the only one and to answer the unasked (and more appropriate question) No. I don't think my opinion is the only one.

Check it out. An "Anchor baby" was coined by those who felt undocumented women came to the US in order to have a baby so as to confer citizenship to the child. It has never been used in any other way or term. For anyone to call an American child with an American father an anchor baby is offensive to me. I may be the only one who felt offended but thats just how it is.

I get what the poster meant. She felt it was bad form for anyone to suggest that leaving/not leaving her child as a way to make a hardship waiver stronger was inappropriate and used the term "anchor baby" to fortify that opinion. I get that. It is still a derogatory term with negative connotations to me.

Its nothing new for people to use words that most others consider negative and say hey I mean it in this way and its ok. I can think of a number of words like that. Can you?

The OP messed up. She came here on a K1 and didn't fulfill the conditions of that K1. She now has to deal with the very real consequences. I feel for her. I do. Those of us who came here (however we came) on any number of visas may also have overstayed but are able to adjust to legal status.If we were not able to adjust then we would have had to deal with our rightful bans also. She can not do that and to berate her by calling her child an anchor baby is disrespectful in my eyes.

Better?

If you do a search of civil surgeons here on Visajourney, you will find threads that give you further information about costs. The USCIS is the best list of course but depending on where you live the cost of the medical can be as little as $150 for everything to $750!

You only need to send proof of the latest tax year filing.(2010) but he will have to have filed taxes in 2009 and 2008 or have a good reason why he didnt. When you get to the I-864 form you will see the section where it asks you about the past 3 years tax fiings.

Personally I sent the tax account transcript and W2 for 2009. I did not send the 2008 and 2007. My husband was a full time student in 2008 and did not file taxes.

I did not get any RFE's (Requests for Further Evidence) to this date for 2008 even though I wrote "$0 (student)" in that section. That may be because it wasnt needed and/or I had pay slips/Employment letter as well.

I disagree. It wasn't meant as a pejorative. And since I said it, I think I know my own intent.

Maybe it's not the most frequently used instance of anchor baby, but the baby in this instance is being offered up as a strategy to overcome an ban. If a mother would leave her newborn in order for the USC to be able to claim a hardship, to get a waiver to overcome a ban, then that baby is being used to get back here. By very definition, it fits. Ok, let's split hairs and say it's not 'anchor' baby, but rather 'bungee cord baby' IF this path is taken.

That part of my post was actually directed towards those who brought up the baby in relation to overcoming the ban. Which is why the last sentence, when addressing the OP, started by actually addressing her. I'm not going to get into a personal sling fest based on one post, but I'm certainly not going to applaud strategy in using a newborn for GC benefits.

I am all for the OP pursuing legal advice, I'm also all for her eventually coming back. I just don't think a newborn child should be used in a strategic manner to overcome a ban that she rightfully earned.

The term anchor baby is used in a pejorative way and the fact that you wish to use it in your own context does not detract from that fact. It is what it is. My apologies if someone disagreeing with a word that you use is internalized into you thinking that there is an imminent sling fest.

Irony at its finest.

Thanks for your help!

I'm not planning on leaving the country!

Even though my husband is older than me we have lots of proof of a bona fide marriage.

Like I said we've been together for four years we lived with his parents for a year, we have many friends and we do everything together.

I'm just scared about the controversy of vwp.

And I live in los Angeles California

There was recently some clear guidance about Visa Waiver Program Overstay adjustments. I'm not going to bore you with the complicated details other than to say you are able to adjust your status in the US. There are no complications to this other than if you are denied, you will not be able to appeal your case like other visa overstays. That being the case, you need to make sure you send an application that is beautifully put together and iron clad when it comes to evidence.

You do not want to be denied because of stupid mistakes.

The first thing you need to do is get the forms that you will need for this process which are the I-130, I-485, I-765,I-693 and the I-864. These are the most important pieces of paper in your life right now. Download these forms and instructions. Read them carefully so you get an idea of what you have to do, then use Visa Journey as your reference point.

There are many very experienced members on this site who will give you great answers to any questions you may have and help you get the packet right.

The next thing you need to do it make sure that your husband makes enough money to sponsor you. For a three people household he needs to make at least over 125% over the federal poverty guidelines, which for 2011 is 23,162 per year. If he does not make this amount then you will have to find a co sponsor in order to ensure you do not become a public charge.

If you have been able to file taxes with an ITIN then you are good. However if your husband has not filed taxes for some reason, he will need to make sure that he has filed taxes for the last three years correctly. That will be 2010(now), 2009 and 2008.

You will have to pay for a medical (I-693) and make sure you have the correct fees.

Welcome to this journey!

This is generally true, they just published this in a Q&A with AILA this week:

All field offices have been instructed to adjudicate I-485 applications filed by individuals who last entered the U.S. under the Visa Waiver Program (VWP) and overstayed on their merits UNLESS the potential beneficiary is the subject of an INA section 217 removal order. Additionally, field offices have been instructed to hold in abeyance all VWP adjustment applications for potential beneficiaries who have

7

been ordered removed under INA section 217. We are drafting final guidance including an AFM update on this topic we expect to issue soon.

****The only snag that was not mentioned here is an NTA.. assuming there is none it should be ok. If there is one looks like they will hold in abeyance for now.

Actually no it's true.

The OP isn't in removal proceedings so the abeyance part does not apply. Thanks anyway.

Sounds like you were approved.

When is a plan of action, right?

You will breathe once you get the approval email/letter.

I already read the 7 pages, He described the facts, but doen't not explain everything, I just find it a little strange you would know your wife's children so I am trying to understand him better.

Your questions were answered within the thread and take common sense.

What brought you here?

The same thing that brings most immigrants to the US--opportunity

you re in your 30's don't you want to work?

Obviously which is why he is trying to adjust his status

why didn't you stay in your home country?

For the same answer to your first question

why did you pic the Us?

For the same answer to your first question.

how are you providing for yourself and how were you before meeting your wife?

Within the thread.

Mrs. Finland! Oh! I kind of understand your question but im not sure with the answer, the answer they gave us for the deny of our I-485 was too broad to me. They said we didnt "maintain" our status, I guess they mean we overstayed our Visa which expired in February 2005. I believe we got out of status after they denied our I-485 which was in January 2010. So I believe out of status for over an year.

We had a interview for I-485 and it went really good, the lawyer came along with us, I don't know why but I think they denied it beccause of my race. I was just guessing, but I wore a turban to the interview (because the pictures they had of me, was with a turban) and the Security guard was looking at me real close.

She( the persont that was taking the interview) asked us obvious question, first she asked what is your address to my wife, and then she repeated the same question to me. I was really scared and I kept messing up on my own address and she told me to not to be afraid and take a deep breath. She asked my kids like what is your favority subject. Nothing BIG, but why... It's not like I've dont anything bad, in my whole life I always thought of someones good, and I still am.

One kid is 12, and the other 16 at the moment.

They denied you because you were out of status and the only thing that would have caused USCIS to approve you would have been marriage to a US citizen.

I doubt it is because of your turban. They understand religious practices.

Hold your horses! Unless I missed it, the OP NEVER said where the illegal person came from originally! Again, assumptions and stereotypes point to Mexicans... Come on! Not all undocumented persons are Mexicans and not all Mexicans in the US are undocumented (a.k.a. illegal).

Horses are duly held!

This is what the OP said,

Yes, he came under the radar, or jumped the fence

I guess the assumption I jumped to was thinking he was mexican. He could be canadian.

A canadian who came under the radar or jumped the fence.

Actually that would be another assumption. He could be from Honduras,Ecuador or any of the other central/south american countries that would be able to fence jump.

My bad.

Tell your friend go back to his home country and don't tell anybody, that way he might have a better shot.

A better shot at being banned from the US for life for material misrepresentation? He will have to mention his illegal entry.

He can file for the spousal visa and then he will have to leave to Mexico and file the I-601 waiver from there.

You can fly with the Canadian drivers license on domestic flights.

Passengers who do not or cannot present an acceptable ID will have to provide information to the Transportation Security Officer performing Travel Document Checking duties in order to verify their identity. Passengers who are cleared through this process may be subject to additional screening. Passengers whose identity cannot be verified by TSA may not be allowed to enter the screening checkpoint or onto an airplane.

Acceptable IDs include:

U.S. passport

U.S. passport card

DHS "Trusted Traveler" cards (NEXUS, SENTRI, FAST)

U.S. Military ID (active duty or retired military and their dependents, and DOD civilians)

Permanent Resident Card

Border Crossing Card

DHS-designated enhanced driver's license

Drivers Licenses or other state photo identity cards issued by Department of Motor Vehicles (or equivalent)

A Native American Tribal Photo ID

An airline or airport-issued ID (if issued under a TSA-approved security plan)

A foreign government-issued passport

Canadian provincial driver's license or Indian and Northern Affairs Canada (INAC) card

Transportation Worker Identification Credential (TWIC)

Yea probably. When I say cancellation, I didnt mean it in the sense that you meant it (Which is the correct way, I suppose).

I guess that will be the next step in this saga. What happens to those in removal proceedings. I wonder what happened to that VJ'er in San Diego, who was denied.

What application? Initially we sent wrong forms (including I-129F it needed to be replaced with I-130), which was returned along with the checks to us.

We just resubmitted the right package, but for some strange reason our I-129F (which is wrong) was accepted.

They will probably reject the I-129F. You can always call the 1-800 number for more clarity.

Yes, I went directly to the doctor. Received the document, and sent it instantly. It should arrive today or tomorrow.

I am actually adjusting from a visa waiver overstay. He did not mention/ ask any questions about it.

Then everything should be a ok. Visa Waiver Overstays are a non issue now , They just want to make sure your marriage is true. You can take a breath

I think you need to stop calling your old attorney, and start working on finding a new one. I would also relax on presenting yourself as a doctor all the time because it really doesn't change much about your situation.

Also listen to JimVaPhuong as his answers are always amazing.

From the way you explain your situation I smell something fishy and you can be honest here, we don't know who you are but can't really help you otherwise.

What brought you here? you re in your 30's don't you want to work? why didn't you stay in your home country? why did you pic the Us? how are you providing for yourself and how were you before meeting your wife?

I know there are a lot of pages in this thread but if you start from the beginning, you will find the answers.

He is a doctor by profession.

Did you send in the missing information?

What Visa were you adjusting from?