loocfa

im new to this forum and was unsure where i should post this, please pm me if this is the wrong place thanks



i was hoping that someone could help me out with e few questions I have , let me first explain my situation.
I am a british citizen, and have been in the USA for 1 year and 8 months, i entered as a visitor from england, and was engaged to my fiancee. within my first 90 days in the USA I married my usc wife.
due to financial problems and a death in my wifes family, my visa application has been on hold, until now, we have managed to save the money so i can begin my application process. (not sure if this matters but my wife is the only one working and is in full time education with finical aid funded)
So far i have my mother-in-law sponsoring my application, and have completed the medical examination, and have filled out all my paper work, but have not yet sent it off.

With all this in mind, my sister, (back in england) is getting married in 3 weeks time in england, (she dont give me much notice)
is there any way i can go back and see her with out have issues when i return back to the USA.?
i have NO AP paper work, and have read some info about emergency AP paper work, but havent found any firm info. is a wedding even classed as an emergency?

if anyone can help with my situation it would be greatly appreciated, if you have any questions feel free to ask i will reply asap.
also any other info you may know that may help my situation, such as, problems with my overstay period, would be great,

thanks for your time and look forward to a response.

Noorah101

You actually mean your AOS has been on hold. You are inside the USA now, so you aren't applying for a visa.

NO. You have overstayed long enough now to incur a ban if you leave the USA. I wouldn't leave the USA even with AP in hand under your circumstances. Definitely put all your overseas travel on hold untli you get your green card.

No, it's not. Sometimes even a death in the family isn't considered an emergency to USCIS. They rarely give out emergency APs.

Get your AOS filed ASAP.

Best Wishes,
Rene

fatbrit

Nope -- going now would set you back much, much further than when you first started. Sister will have to enjoy her wedding without you.

loocfa

thank you for the fast reply, much appericated.
thou this does bring another question to mind:
if i was to leave the country, back to england, and my wife was to file my application from the US, about how long does it take to process, basically, how long would i have to be way from my wife.?

fatbrit

Possible scenario:
2 years (rough estimate IV + waiver petition) to 10+ years (failed waiver).

Noorah101

In your case, about 11 years. You have overstayed the VWP by more than 365 days, and you will incur a ban of 10 years from returning to the USA.

Edit to add that fatbrit is right, you can apply for a waiver, but do you really want to go through all that hassle just to attend your sister's wedding?

Rene

loocfa

ok, thank you for your help you have enlightened me a little, big thanks.
sorry to be a pain, but one last question,
if i was to send my paper work off tomorrow how long does it averagely take to process,? and will i have any problems with my application, due to the fact that i have overstayed.?


thanks

Noorah101

How long AOS takes totally depends on your local office backlog. It can take as little as 3 months, or as long as 12+ months. You shouldn't have any problems with your application due to your overstay, since you are married to a USC. USCIS forgives overstays in these cases.

Go to www.uscis.gov to see Processing Time estimates for your local office (usually the city you live in, or nearest big city).

Rene

loocfa

awesome
thank you so much for your information, truly knowledgeable,
cant thank you enough,
hope you have a great day,
THANKYOU!!!!

walshy1980

A couple of years ago the Santa Ana CA USCIS officw granted me emergency AP - so that I could attend my brother's wedding. I just showed them the invite and a picture of my brother and I. I wasn't hopeful, and it was a long shot, but it did work. Either way, I hadn't overstayed, and this isn't advice - just news that USCIS does sometimes grant emergency AP for family weddings.

fatbrit

How long did you have to play with? OP has 3 weeks!

loocfa

so maybe its worth a shot?
i have an appointment tomorrow at my local uscis, go go over a few questions, and ask about a emergency AP, can hurt to ask right? they are going to throw me in jail or send me back to england?

Tracym

We got one in a couple days when Keith's dad fell terminally ill. We had already applied though - but they expedited it.

I think we have a well-connected attorney though, he made a few calls.

Sadly, even the couple days wasn't quick enough for us, dad went into a coma before Keith could go.

Tracym

With that much overstay and an entry on the VWP (someone correct me if I'm wrong) I think if you leave even with AP, you will not be allowed back in, because you will have a 2 or 10 year ban.

chicagojlo

Am I right in thinking you can't really ask for AP on an as yet unfiled application? And surely going into USCIS and announcing your as of today illegality is a little crazy...