panther1966uk

Hi All,
My Visa Waiver runs out on the 29th of this month, I have married a wonderful woman and i beleive I know what route to follow IE: I130, AOS, EAD etc.

The trouble we have right now is finding the money to pay for the route to follow, we will have it SOON but not right now. Does anyone or can anyone tell me if for example I was to file the correct paperwork on the 89th day of my Visa Waiver would this be classed as too late or will I receive a stamp on some paperwork to say its been filed within the 90 day timeframe?

What shows an official that paperwork is filed and I am in the process of changing my status?

Any advice will be gratefully listened to, thankyou in advance.

Panther1966

lairdside

You can still file for AOS even if you are out-of-status if you are the immediate relative of a USC. The EAD will be just about the best proof you will have of your pending status, other than that all you will really have will be the filing receipts.

panther1966uk

And an immediate relative would be my classification if I am married to the USC?

lairdside

Yup

Susanna

Don't forget that if the Receipt date comes back as over the 90days then you will be classed as an overstay.
Which meens DO NOT LEAVE THE US until you have the stamp in your passport.
You could get AP advance parole and an overstay of such a short time should not be a problem? but all you need is a nasty POE Officer and you are up S... Creek with out a paddle.

Susanna

panther1966uk

So with all this information taken into consideration, If I followed the route of filing the I130 ( or my wife files i mean ) and i do the AOS forms and the EAD forms etc,

1. which has to be done first?

2. which will give me a nessesary reciept of date? ( to show a non overstay ) ??


Panther1966

lairdside

You should file the I-130 and I-485 together. The EAD may be filed for at a later date but the sooner you file for it the sooner you should recieve it (and as you can't work until you receive it it's probably a good idea to get this one done!).

Once your application/petition has been accepted and undergone initial processing you should receive a receipt.

panther1966uk

OK, so next question and probably one with no exact answer so I will understand, BUT, How long before I would be looking at getting my I130 and AOS initially looked at/ Accepted and a receipt in my hand?
Approx answer from so many days to so many days is fine, I do appreciate all this help too. :0)


Also, the whole buisness of me being classified as an overstay! how does this effect my AOS interview in say 2 years time?


Panther1966

lairdside

Depends in part upon which office you are filing with. Some allow "in person" filing - others do not. My local office used to and has now discontinued this feature. I am under the impression that a couple of weeks is a normal timeframe but there are no guarantees and as I said, this is only an impression.

Provided the application/petition is accepted the overstay should not be an issue at the AOS interview in itself, there may be other issues with regard to adjustment from the VWP (re: immigrant intent at the time of admission) but this is not definite either, just a possibility.

panther1966uk

Well Mr Lairdside, I thankyou so much for your time on this matter so far. You and Susanna have been a big help.

I will make a new post I think with the question of filing within the Virginia Area, unless of course your knowledge does stretch that far?

Yours Gratefully.

Panther

lairdside

LoL. It's Ms. Lairdside -- my name is Victoria btw

Which office in Virginia? The DC District Office in Arlington or the Norfolk Sub Office?

panther1966uk

Ms Lairdside? I do apologise, :0)

I had a look around and it seems I have to file in Vermont! Oh how this gets worse....lol

Panther1966

Ray

Or of course you could go the proper route and leave the country b4 you 90 days are up and apply for a K-3 visa...

Alexj

<snip>
    > Also, the whole buisness of me being classified as
    > an overstay! how does this effect my AOS interview in say 2 years time?
    >

My experience based on being from Canada (were we have no visas to worry
about):

We filed for my I-130, I-485, etc just over 2 yrs after we were married
(1 month before I would have been technically 2 yrs out of status. I
say technically because it is apparently different for Canadians who
have no paperwork showing when they entered the US). One year after
filing I had a successful interview and received my permanent residency
- 3 yrs later I have been approved for my citizenship and am awaiting
the oath ceremony. The AOS interview was in Montana.

Every case is different and every location has its own idiosyncrasies,
but from what I have seen - if you over stay, keep your nose clean (no
illegal working, etc), and don't use advance parole - you should have no
problem at your interview. No guarantees though.

Alexj

lairdside

There's nothing improper about the intended route re:AOS from the VWP as opposed to K-3 provided that there was not pre-conceived immigrant intent at the time of admission.