Mathilda

Call them, you should have your case number. Mine took 10 days but they waited 20 or more to send me the letter.

M.

Hi Myopia, thanks for your reply. Actually, I did not send my application back yet, because I had meetings with 2 lawyers and their optimism seemed to be variable. The least optimistic one became a little more positive after seeing the USCIS response to the lawyer association, dated April 7, 2011, that you posted a while ago (THANKS FOR THAT TOO). So I am assuming that he is not perfectly up-to-date. Furthermore one of them strongly suggested to submit the application with the medical at this point so I am waiting for the results of the tests.

As for the notice of actions forms, lawyer said to submit them as well (it wont hurt, he said). I will post the corrections of my application after I resubmit, so that people can benefit from my mistake.

Thanks everybody,

M.

I would personally wait for the waiver. Even if USCIS typically follows the DOS recommendation in case of No Objection, that letter is "officially" not your waiver and they would at least send you a RFE (I sincerely doubt that they will check your name in their files to see whether they granted your waiver). I have read a topic a while ago, stating that for uscis a FR is good enough, but I cannot find it (I will post it if I do).

Furthermore, they would wait for their own decision on the waiver to start processing your application anyway... Consider that if your AOS is based on marriage to a US citizen, your F1 overstay would be forgiven. I would prefer to send a pristine application, instead of a sloppy one missing something important such as the waiver. So, unless your are going out of status AND your AOS is not based on marriage, I would wait.

M.

Hi all,

Sorry if the question has been answered before, I looked in the website and I seem not to be able to find a definite answer.

I used my foreign address in the i-130 section C#2, because I though they wanted my residence address, not the address I am visiting in the U.S while on VWP stay... However, they just rejected my application because I used my the foreign address in the i-485 (DUH, that form is to adjust status when in the U.S.). But what address should I use in the i-130?

Thanks,

M.

Send the forms back exactly as is. Change the address on whatever part of the form needed to be changed and then resubmit with the letter they sent you on top. Dont beat yourself up too much about it. People make mistakes. If they said your application would receive special attention then it will probably catch up with the rest of the people who had your filing date so you may well get everything in the same timeframe.

Myopia, thanks a lot for your help!

Everybody here on VJ seems to think that I have to resubmit the package as it is, but it is still unclear to me whether I should leave the documents organized and stapled the way USCIS did. I have heard that this would help them with processing the application, but all the forms have a I-797C (Notice of Action/Rejection) attached, should I leave those as well? I feel like I should keep them for my records...

Thanks a lot!!!

M.

Hi, I have a question:

DOS received all my documents AND the no objection letter. It says there that they received it on may 19th. My case status is NOT pending. it says "case status: favorable recommendation", however it doesn't say the favorable recommendation was sent to USCIS. is it possible that they forgot to update it, or is it possible that even though they decided for a favorable recommendation they didn't send it to USCIS yet?

How long does it usually take for them to send it after they have a decision?

Hi, i may take a while, but you'll eventually receive a NOA and will be able to check the status on the USCIS website. It took about 10-14 days for me.

m.

Hey, thanks a lot for support. I have read somewhere that filing after expiration date is no longer an issue, but I cannot find the link and I wanted to make sure. It was such a disappointment to receive the rejection after all the work done with the forms and 30 days wait. But it was dumb on my side to report my non-U.S. address in the i-485...

Now, I saw that they wrote stuff on all the forms, should I resubmit the same forms that USCIS touched or do I need to reprint the forms?

Thanks again.

M.

Thanks for your reply, I live in Connecticut.

Hi folks,

I recently submitted 1-130 and 1-485 for AOS from WVP. I filed the first time within 90 days of my stay but the application got rejected because of the wrong address in one of the forms.

The invite me to resubmit the whole package with the letter they sent me so that my application can receive special attention. However, they also say that the filing date will not be retained. That means that I am going to file after my 90 days expired, do you think this will have a negative impact on my application?

Thanks,

M.

The visa waiver traveller also has to complete I-94 (greenform) that is normally attached to the passport and returned on the way back from USA. However, it has been registered electronically too ESTA. Normally we have to apply for ESTA before travel rite?

Right, but they recently stopped returning the green piece of paper to VW visitors. So did you use ESTA number? I was just wondering whether there is a precise procedure to follow. One of the persons at the airport said that USCIS will be able to retrieve the i94 the same way as they would, but it did not seem super sure about it!

Any other thought?

M.

This question has already been asked in this forum, but I could not find a definite answer.

WVP visitors are not given a i94 at the port of entry. Yet, the documents still ask some. I was told at the airport that I could have a copy of i94, as it is stated in the CBG website: "If you need an I-94W to obtain a benefit - such as to adjust your status of marriage you can contact a Deferred Inspection site (DIS). However, there are very few circumstances where a VWP traveler will qualify for benefits." However, after calling again today they told me that I cannot have a i94, but all the info are accessed electronically (through ESTA?).

Did anybody have the same problem and how did you solve this? What did you submit in the forms?

Thanks,

Matilda

Good for you guys! way to go!

They were professional exams.

Nothing about them was pleasurable!

I remember coming with some books for an exam I had to take, so I was admitted as Pleasure, technically I guess I should not have studied, but not something I would expect anybody to make a fuss about.

I agree. In fact, they only should fuss about you attending class for credit, because you can take classes for pleasure on a VWP.

Mathilda,

I think that what would have been best is if you had gotten married before your visa expired and then do the AOS.

I know, to marry before my j1 expired would have been best but honestly, we did not suspect at that time how complicated the whole thing was going to be! We though that my 2-years home requirement was our main problem... how naive!

Thanks for your answers!

Then the discussion of business and work is moot. One entry type for business one for pleasure. WA and WB I think.

If you turned up at the PoE saying that you would be working remotely and sought admittance on the VWP you would be on the next plane back.

As you highlighted the VWP is 90 days, not 3 months.

Honestly, I do not think it is necessarily true (otherwise we would not be having this discussion). I agree that I DO NOT HAVE a business visa, but I am not here for business either. I mean, I am not here to seek employment in the U.S.; and yes, I implied that 3 months is passed my VPW admittance since my 90 days clock already started.

for more than 90 days

No, we are not confusing anything. Please take a look here:

http://travel.state.gov/visa/temp/without/without_1990.html#travelertype

where it clearly states that people may use VWP for short business trips.

You may use the VWP if:

"The purpose of their stay in the United States is 90 days or less for tourism or business (Visitor (B) visa) purpose of travel."

People coming for business will not only work for their foreign company, but also get paid their salary while they are here attending meetings etc.

Good point! But I did have my passport stamped for pleasure, which is still the main purpose of my trip. Furthermore, I am not going to get paid before 3 months have passed, thus pass my stay here.

Hi folks,

First, I wish to thank this community for amazing support. After all this reading and 2 lawyers appointment I decided that it is about time for me to ask advise to this forum.

I met my loved one while on a J1 visa and after 2 1/2 years he proposed —15 days before my 30 days of grace expired (thus after my visa expired). He did not propose before because we were waiting for my 2-years home requirement waiver (NOS) to be approved, which finally happened 3 days before I was scheduled to leave. We looked into our options and it seemed that K-1 was our best bet. I regret very much that I did not extend my stay and got married, but this is another story. Then, I went back home.

While I was at home, my fiancé asked advise to 2 attorneys and both of them suggested him that I come back on a VWP and get married. We looked into that and we found out that it was ILLIGAL for me to come to the U.S. on a VWP with the intent to immigrate, thus we decided to stick with the K-1 plan, despite the lawyer’s advise . We were kind of pissed too that we have paid somebody and receive such a stupid advise.

It also seems from people’s experience in this forum that I could have entered the U.S. after filing the K-1 petition, but I decided to come back to the U.S. before filing to avoid problems, minimize the time apart and make sure to be able to attend my friends' wedding. So here I am, in the U.S. again, after giving up all my rights of appeal by entering on a VWP, ready to submit the fiancé petition.

However, something strange happened the day I entered. I met a taxi cab on the way from the airport, who after hearing my story (oh well, I shared a cab with a couple of nice ladies who started asking questions and you never know what storied you are going to tell strangers at 2 am after 30 hours traveling and a huge jet-lag) started yelling that that was ridiculous and that we should just get married and apply for AOS. He did that (obviously…) a while ago and there’s nothing wrong with that, he said.

You may now think that there’s something wrong with me for not trusting the opinion of 2 lawyers thinking about following the advise of a stranger taxi driver… Am I out of my mind? We can explore my mental issues later, but here’s the point:

1) I never overstayed any of my previous visas.

2) My criminal records are as clean as those of a 3-years old.

3) At the port of entry I was never questioned about my boyfriend/fiancé and I did not mentioned either.

4) Most important, I did not intend to marry before my entry and sure enough, I never had the intent to immigrate. Seriously, I want to be here just because my fiancé has a job that will be renewed for one more year and then nobody knows-where we are going to end up living (we both have careers with much international mobility). So we could go through the whole process just in time to leave.

5) I downloaded some K-1 application forms in my computer, but clearly, I did not plan to stay and definitely did not prepare for it… here’s the evidence:

a. I co-own a house, which I did not attempt to sell;

b. I own a car, which I did not sell;

c. I have a bank account at home where I keep all my money (not very much I have to say ), which I never attempted to close and some more money from a house my family sold;

d. I booked a roundtrip ticket (of course) to go back right after my friends’ wedding;

e. I scheduled at least one doctor’s appointment for an exam for when I am supposed to go back (because that’s still my main plan even if I am contemplating alternative options);

f. I did not quit my job, because I did not have one at the moment (against me I guess);

g. I attended an interview for a very good job at home before coming back to the U.S. Still waiting to know the outcome (still planning to move back home if I get the job!).

Would there be a problem in trying to prove that I did not mean to stay? Maybe me "thinking" about the K-1 is already a problem? The only problem I see with the AOS right now is that, the consequences of being denied (which I know is happening more often recently) are quite unappealing: be banned for life! But, isn’t the case that you could go home and apply for CR1 and waiver for the ban? And isn’t it the case that the problem is more about people who overstayed their VWP? I do not intend to overstay or do anything illegal.

Any thoughts?

Thanks,

Mathilda

Yes, work for a US company this is true. However this does not apply to working for a company back in the home country, having NOTHING to do with the US Economy.

That's actually intuitively what I would think, but I would like to make sure that this is stated somewhere legit.

Here is my thoughts on this.

I am a blogger, whats to stop me from logging onto my blog site and posting while overseas visiting a country on VWP?

Or I am in IT, I get a call from the office while on vacation overseas about a problem, I terminal service into the server farm to check log files and configurations by remote control.

Or I work frelance for a news paper, and am asked to submit an article I have been writing on my laptop while in vacation, I connect to the internet and send it off by email.

You see what I mean?

Actually.... I don't! I just want to know whether I can do it or not, and possibly see a gov source for the reason why. I definitely do not want to do it if it's illegal in any possible form. Thanks though!

Thanks for your answers! So far we have 2 answers and to opposite opinions. It would be useful if any of you could tell me where to find info about that. What is the source of your thoughts about that?

Thanks,

Mathilda

Hi folks,

Does anybody know whether it is acceptable to work freelance from home for a foreign company, while visiting on a Visa Waiver Program? I know I cannot have a job here, while on VWP, but I was wondering whether I could accept a freelance writer position I was just offered in my own country.

Thanks,

Mathilda

You only do the NOS waiver if you're in the US - for those outside the US you wait out the process.

THIS IS UTTERLY WRONG.

In order to obtain any immigration benefit, you need to get your 2 years obligation waived. It does not matter where you live right now. If you intend to go back to the U.S. under another J1 or immigration visa, you;ll have to get the waiver. In order to do so, there is a very specific procedure to follow. You can find all the info here, but to summarize:

1. You contact your embassy and ask what they want to give you a No-Objection statement.

2. In the meanwhile, you start the online application (at the same address above). They will give you a number that you'll have to report in all the documents (including those addressed to your embassy), from now on.

3. Prepare a statement of reason, there will be room to paste it in the online form (make sure it is no longer than 1 page).

4. If your embassy gives you the NOS, they'll inform you and sent it to the DoS.

5. Wait until the DoS decides on your case. It will automatically send USCIS a recommendation (either favorable or not). It will also inform you of about the decision.

6. Wait until USCIS decides on your case. It will either waive your 2-years or not. USCIS will most likely follow the DoS recommendation, which will be in No-Objection cases decided based on your country decision.

The whole thing takes about 4 months, if everything goes smoothly. In many cases it took much longer though.

This should be done before the K-1 visa has reached an advanced stage, because the K-1 petition could be denied if they know that you have a 2-year home requirement. Given that the K-1 takes about 5 months, you should be able to file both petitions almost at the same time, but I would suggest to wait at least for your embassy decision, before you file the K-1 petition. After you country gives you the No-Objection statement, everything should be pretty smooth so you're good to go. I read somewhere one time that filing an immigration petition could speed up the process, but there's nothing official and it may be a rumor. I read somewhere another case of one person who got the k-1 application on hold, so he/she could get the waiver first. Again, only rumors though. What's sure is that once you have the DoS approval, you are pretty much fine to file for other working or immigration petition.

Good luck!

Mathilda