mrsm

If you are going to file I-130, I-485, I-765 & I-864 at the same time, you should file at your local office in VA.
If you are only filing the I-130 then that goes to VT.
Somebody will no doubt correct me If I'm wrong
I originally sent my whole application to Vermont because I didn't read the instructions correctly (duh!) and it was returned to me, telling me to file at my local office. But as you can see from our timeline, everything is going well - so far!
P.S. It took us 4 years to file my AOS because we had to save up the money to pay for it. And it ain't getting any cheaper

tortoise

goodness, ray. please, just accept that people marry on visa waivers :) it's not illegal or naughty if it's spur of the moment and unplanned, and people are very much within their rights to adjust status after marrying on a visa waiver. some people really do decide to go for it on a whim.

marrying on a visa waiver is not 'cheating'. it's hard either way - both require sacrifice. either of not seeing your partner or not seeing your family.

anyway, to the person who asked the question originally, definitely do not leave the country if you find yourself out of status. you may well manage to get yourself advance parole and even manage to come back into the country, but by leaving the country the cis will see that as you abandoning your claim and will scrap it. you would have to start all over again. this information was given to me by both a couple of immigration officers and two immigration attorneys.

lairdside

It's only seen as abandoning your AOS application if you leave the US without a valid AP. That's the whole point of AP!

panther1966uk

So like i say, thankyou all for your time and knowledge on this matter, I am somewhat cleared in mind yet more confused. And we are sure they dont do instant " heres your green card " fixes at K Mart via a machine by the exit door now arnt we??????? lol.

Panther

tortoise

well, that isn't what i was advised by four separate professionals, but i will double check that information again. i'm going down to the denver office next week, so i'll see what they have to say. however, i personally wouldn't chance it. to come back and find my application voided because i was out of status would be hell both financially and emotionally. i think i'll wait till i get the stamp in my passport.

panther1966uk

Oh and just another little spanner to throw into the works, would it be possible to apply for EAD before any of the other forms ( I130, I486 ) or am i just being silly?

Panther

lairdside

It's always better not to leave if you have any overstay. Even if you would not be subject to the 3/10/Permanent bars.

Having said that, if someone would not be found excludable for any other reason, would not be subject to the bars above and obtains AP they should be able to leave and re-enter the US without incident or repucussions upon their pending AOS.

lairdside

Nope

The EAD (I-765) is accepted with the I-485 as the basis for eligibility.

Ray

My answer to that is BOLLOCKS ...My wife has married over a dozen people who were on VW only 2 was genuine spur of the moment...The vast majority were very well planned...

tortoise

*nods* absolutely. that's what i was talking about when i said it's best not to leave if you are out of status - i.e. you've overstayed your visa.

tortoise

yes, i thought that might be your reply.

lairdside

Mine was ENTIRELY unplanned. I didn't even know that I could AOS when I entered at POE.

Or that I would end up marrying the guy!

lairdside

I did leave with AP whilst my AOS was pending after entering as a VWT. Urgent reason = court case in the UK

I was a week short of the 180 days when I filed for AOS. In my case all went well but I would have preferred not to have had to have left, if that had been a resonable option. I was in the UK for over 6 months, had to reschedule my first AOS interview.

You name it, it was messed up..lol

tortoise

mine too lol. i have the wedding photos to prove it. if i was going to plan a wedding, i would've made sure i looked a hell of a lot better than i did! hahah. i wore a 15 year old dress and looked like shit.

i also would've had my mum and sister there :|

lairdside

Yeah, would have been nice to have had my family there. Or at least SOMEONE.

My stepson tried to fly back from New Orleans to be there but couldn't make it in time. It was too short notice even for friends.

In the end one of the staff at the office was our witness! Rather apt as she was an immigrant..lol

Always planned on a blessing at some point. Doesn't look as if that will happen now though.