Nightkd

I'm on the VWP and going to be marrying my fiancé (an American citizen) within the next couple of weeks; we will then be applying for a Green Card and I just have a few questions that have popped into my head over the past couple of days, I wonder if anyone could help answer them?

1. I intend to put in an application for an I-131 (Advance Parole) at the same time as my GC applications, but someone made a passing comment a few weeks ago, which they failed to explain - "But, do not leave the country if you're on the VWP" I hadn't said I was on the VWP, just asked about I-131... Was he talking generally "Do not leave the country once you've put in application for GC"? Or is there some reason I shouldn't leave the country, even if my I-131 gets approved?

2. Once I get the GC through (assuming it is approved) am I free to travel back to the UK (and what's the maximum amount of time I'm allowed to stay, is there a limit to how many times I can return home (I intend to do 4 trips a year lasting approx 2 weeks max) - for future reference)?

3. At customs upon returning to the US, do I filter into the 'US Citizen' line or the 'Other'? I assumed other still, but wasn't sure.....

4. I'm still a UK citizen right? Even if I have a GC?

I'm sorry some of these questions seem very ignorant and I'm probably being completely stupid, but I wanted to clarify as much as possible NOW in case any situation arises in the future..

Noorah101

Have you overstayed the VWP? By the time you file for your AOS, will you be in an overstay situation? In general, you should not leave the USA until you have your AP in hand, otherwise you'll abandon the AOS. If you have built up any overstay, you may or may not be eligible to even use the AP. Well, you could use it, but if you've overstayed too long, you could face a ban from returning, even with the AP.

Yes, you can go back to visit the UK once you have your GC. It's best not to stay longer than 6 months at a time. No limit on how many times you can return home. You might want to read up on the USCIS Guide to Naturalization, how stays outside the USA affect your future naturalization, if you have that in mind. But in general, four 2-week trips per year should not cause any problems.

I think it's still "other", but I could be wrong.

Yes. And you'll also still be a UKC even if you become a USC.

Rene

Rete

What was your intent on coming to the US originally? Was it to visit or to get married? Just curious.

Bluegrass Lass

Ok, let's see if I can get this right (i'm sure someone will correct me). An Advance Parole document does not guarantee you re-entry to the US if you leave with your Adjustment of Status pending. We tell everyone that if you have even one day of overstay on a visa, then you absolutely should not leave US soil because it is highly probable you will not be allowed to re-enter. There is a school of thought that if you remain in the US to file AOS, after entering on the VWP, that you are immediately accruing days of overstay after 90 days..hence the recommendation to not leave US soil until the GC is approved. To be honest, I don't know if this is true or not. I'm sure someone will pipe up with an answer.

Just so you know, USCIS will approve your I-131 application (they just love your money) whether you are eligible to use it or not. It is up to you to know if you are eligible to use it.

EDIT: It is also been said, that the days of 'overstay' you accrue by staying in the US beyond the 90 days is forgiven when your GC application is approved. However, it's been said, that if the AOS is denied, not only can you be put into removal proceedings but you know will likely have accrued enough days to warrent a 3/10yr ban. Therefore, you would need to overcome this ban by filing for a hardship waiver later on (if/when you decided to have the US spouse re-file for a spousal visa).


you can only use AP until your GC is approved (and in your hands). This is currently taking less than a year (in most districts). After the GC is approved, you are free to travel outside the US up to about 6months at a time. if you plan on staying outside for more than 6mo, then you should apply for a re-entry permit to make sure USCIS knows you have not abandoned your GC. I'm not sure what the rule of thumb about max time on the I-131, but your desire to only do a few weeks at a time for a couple of visits is perfectly acceptable.

Not sure, but my first inclination if you are travelling on the I-131, is that yuo will go through the visitors line because you will be neither a US citizen or a Legal Perm. Resident yet. Once the GC is approved you use the USC/LPR line.


Of course you are.

On a side note, are you aware of the consequences of having your Adjustment of Status denied when you are adjusting from VWP visitor?

Nightkd

Haven't overstayed and will be filing for AOS before my VW expires... Came here with the intention to visit for a week, ended up staying and my partner proposed..

So with the GC stamp in my passport or physical GC in my hand, I will use the USC line?

If it gets denied do I get deported and possibly banned from returning for a lot of years?

Thank you all for your replies, they're really helpful.

Noorah101

There is no more GC stamp in the passport. When you arrive in the USA after your trip abroad, ask the agent there at the POE which line to use.

There is no appeal process if you adjust status from the VWP. Therefore, if you are denied, you will be going back to the UK. Whether there would be a ban in place or not, I'm not sure. If you then want to come back to the USA to live, you would have to do an Immigrant Visa and overcome the ban (if there is one) with a waiver.

Rene

meauxna

Why is this the most pressing question you have?

Once you are a Permanent Resident, you will use the airport lane designated for Permanent Residents.
this will be a different setup in every airport (and can change during the day at the SAME airport).

Permanent Resident. That's the phrase to remember.

Nightkd

The lawyer said because they're fannying about at the place where the physical GCs are made, they're stamping passports to make up for the delay in getting the actual GC?

Nightkd

Because all of our major questions have been answered! I'm stuck with all the little niggling ones that I just want to know in case it turns out to be important in the future.

Thanks

Noorah101

Ah yes, that makes sense. Remains to be seen how it goes by the time you have your AOS interview.

Rene

Bluegrass Lass

That's true, there is a delay in making the physical cards, at this time. This is supposed to be a temp delay while they are installing new equip. So you may not have this prob at all by the time it comes your turn. Then again, we are talking about USCIS here, so who the heck really knows.

Glad to hear you are using a lawyer and *hopefully* getting some good advice. Feel free to come back and ask more, or use the search function. If you've thought of it, it's probably already been asked.

ian-mstm

So... you have a lawyer! Why? Do you have a criminal history? Prior overstays? You know there is nothing he can do to speed up the process, right? You know that *you* are still responsible for everything submitted on your behalf, right? You know that *you* are still responsible for ensuring that all the forms are filled in correctly and that all the evidence and documentation that you still have to gather are complete and properly attached, right? You know that he isn't the one who will suffer if things go belly up, right?

I'm guessing you know what all the filing fees are, and that you file the whole package to the Chicago lockbox at the I-485 address given on www.uscis.gov.


You've got almost a year before you need to worry about this. It is silly to even be concerned about it at this point in time.

Is this guy an immigration lawyer? A member of AILA?

Ian

Rete

Well it's going to be a while until you have a green card, so this is not a pressing issue at the moment for you. I assume you have spoken with your attorney about your actions and motives and intent upon entry and that he/she was okay with your answers.

Glad to hear that you have received answers in regard to completion of the forms, mailing of the forms, medical, vaccinations, employment authorization, parole document, social security card, driver's license, evidence of relationship, etc.
Good luck.

Folinskyinla

Hi:

I see you have a lawyer and you are asking for lay opinions. Whatever, that is your privilege.

Because of the public nature of this forum, there is a consensus here that it pays to be, shall we say, discreet when talking about VW to marriage adjustment.

I will like to mention that a colleague who I respect and trust is of the opinion that your situation is the ONE time where your legal standing might be improved by obtaining and using advance parole before you've been here 270 days.

Furthermore, deponent sayeth not.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon.

Nightkd

Oops, I abandoned this thread

I just wanted to update, incase anyone searches (I hate googling and coming up with a relevant thread, only to find it died before the final outcome... ) that I was approved for my Green Card on the 24th of September.

Lawyers aren't worth it! The process is actually pretty simple once you know what you're doing (it was in my case anyway)... We had a preliminary appointment with one - which is where I got the info 'the lawyer said' in this thread...but decided not to use him, because he wanted far too much money for doing basically nothing.... But hey, that's just my opinion.

I'm all Green Carded up Thanks for your help guys.

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