Rafaelite

Howdy....

Can somebody advise me?

I am a UK citizen, recently married to an American. I came into the US on a visa-waiver, without intention to marry or file for AOS on this visit, but circumstances changed once I was here, and my wife and I decided we would stay together here.

We have all the documents prepared to file for AOS, and have been given an interview date of Jan 23rd (we live in Dallas, which operates a pilot program whereby the interview is conducted on the same day as the filing of the application). This date is about 3 weeks after the expiration of my authorised stay, since I could find no appointment before the date of expiration. We spoke with the local USCIS office a couple of weeks before the expiration, and they told us that an appointment would surely arise before that date, but, if it did not, we should book ourselves in for the earliest available appointment, even if it was after that date.

The whole process seems so complicated, and we doubt we would be able to pay for lawyers to overlook our application. From stories we have heard, we are getting ourselves so worried that we will be denied the right to stay together because we did not dot our I's or cross our T's or somesuch techincality.

Most recently, I have become worried about my passport, which is is still valid, and will be until the end of May. But I read in some places that I will be required to have a passport with 6 months remaining on it, although USCIS mentioned nothing about this when we spoke to them, and other sources suggest it does not apply to people from the UK, since the country has an agreement with the US whereby passports that expire while the holder is abroad are automatically extended for a further 6 months.

I am wondering, though, whether I ought to have my passport renewed before I go to the interview, or whether we should just plan to do it afterwards, and explain as such if we are asked about it. Can anyone advise as to what is best for us to do?

We seem to be worrying about one thing after another right now, and are getting so stressed from the whole process.

Just Jenney

I find it interesting that despite having no intent to marry while in the US on the VWP, you have managed to obtain all the documents required to apply for AOS, AND be prepared for a VERY quick interview appointment, including getting your birth certificate and police certificate from the UK. Did you bring these documents with you? The police certificate alone usually takes a minimum of 40 days to obtain, and that's just within the UK; meanwhile, you've been here since early October...

So, in other words, your VWP has already expired. Well, not much you can do about it now, can you?

Yes, there is that possibility. Unfortunately, if one is trying to adjust from the VWP and their AOS application is denied, there is no appeal option. The foreign spouse would need to leave the country or be deported. It would be a wise move to consult with an immigration attorney to do your best to ensure all your T's are crossed and I's are dotted, especially since you decided to go down the VWP-to-AOS path instead of the K1 visa path.

I looked at the I-485 instructions and didn't see any mention of it (unless I missed it, which is possible). Even if a 6+ month passport validity isn't required for AOS, I would recommend it so you don't have to deal with the hassle of updating your passport if it expires before you get your greencard. That's just me, though. On the other hand, your interview is only 2 weeks away so you may not get your passport back in time. So, I suppose it depends what your comfort level is.

Welcome to the world of US immigration. Regardless of the process, it's stressful; we've all been there. Unfortunately by applying to adjust from the VWP there are added stressors (in my opinion) since you basically only have one shot.

Best of luck.

~ Jenney

Rafaelite

There's no need to be so suspicious. Yes, it has been something of a rush to get everything together - medical and all - since we only knew at the last minute that we were going to stay here - basically because of my wife's job. The original plan was to go back to the UK after we were married, to visit my family, and stay there until we decided our long term future. I didnt decide the VWP to AOS route - we were kind of cornered into it, and didnt understand enough about immigration - only our desire to be together. Had I known what i know of the process now, I would have waited and gone the k-1 route.

Anyhow, thanks for your advice. We're just hoping USCIS wont be totally nightmarish about the whole thing.

Lagomorpheus

Hi,
I can't comment on the passport question, but my husband and I recently
went through the DORA program and Dallas and I can give you a flavor of
how it went for us. My husband (from the UK) was here on a J1
(nonimmigrant) visa. We married in July and got an interview
appointment at the end of August.

One trick we discovered to getting the DORA appointments was to
continually keep checking the system for cancellations. Our original
appointment was for mid-October, which we booked in my husband's name.
I sat by the computer everyday continually checking for appointments
and when one came up that was the following day, I booked it in my
name. This was crucial because once you have an appointment booked, the
system won't let you rebook in the same name without cancelling the
original appointment. You don't want to give up the Jan 23 appointment
to risk having it get snapped up by someone else!

We did have to bring my husband's UK birth certificate, but we didn't
require a police transcript for some reason. I am not familiar with the
circumstances that require the poilice transcript, so that is something
you should check on. At the appointment, their main concern was that
our marriage was legit and entered in good faith. We brought evidence
of our joint bank accounts, emails, dual car insurance, wedding photos,
etc. The officer's main concern was that we had been married for just a
month or so and wanted to make sure our marriage was real.

We did consult with an attorney that was certified to practice
immigration law in Texas and felt it was worth the money, although it
was pricy for us. Most attorneys will do an initial consult and can
answer questions you have - that's what we did.

Good luck with it!
Marie

ian-mstm

No... you chose it. Please... let's not be naive about what actually happened here.


USCIS ... Murphy's Law ... much the same! Jenney is right... if the adustment is denied, there's no appeal process.


Where did you get the idea that you have a right to stay together? I wouldn't call circumvention of US immigration law a technicality!

Have a great day!

Ian

ladygwennie

I think if you really want answers to your questions u should see if you can get a lawyer, or try to get a consultation. If you really can't afford one, its worth looking into catholic charities, they might be able to help.

meauxna

Oh don't start that.. how is this OP circumventing US immigration law?

meauxna

Police checks are required for Consular visa applications. I don't recall seeing that they are a requirement for Adjustment of Status applications.

Rafaelite

Great. I come on here simply looking for advice, and seem to have been set upon with all manner of accusations that I am some kind of immigration fraud artist bent upon deceiving US immigration.

For your information, I am going down the route that USCIS has TOLD me is acceptable, so quite how I am circumventing any laws is beyond me. The only mistake I have made is not understanding immigration and knowing its ins and outs as well as I know that I love my wife. And if anyone thinks I would have knowingly chosen a route that forces such stress upon me, then they clearly have no idea.

And, YES, as it happens I do believe people have the RIGHT to be with those whom they love. It escapes me why there are some of you who would look down their noses at that.

meauxna

Toughen up. You got one post you didn't like, and it came from our self-declared sanctimonious prick. You also got some very helpful replies, so I don't see how you're being set upon.
If you don't feel you can afford a lawyer, there are plenty of non-profit immigrant assistance groups where you can have some of your fears allayed.

Finding a Lawyer:
The American Immigration Lawyers Association is a nonpartisan, nonprofit trade organization that requires paid membership. They offer a referral service at their website: http://www.aila.org/

Think you can’t afford a lawyer?
http://uscis.gov/graphics/lawsregs/advice.htm
Includes tips for protecting yourself from becoming a victim of an unscrupulous attorney.

Catholic Charities is a well-known assistance group that charges on a sliding scale or similar. I'd say it's clear that you'll be more comfortable with a more official opinion than you'll get here. We're just a bunch of people who've been through this ourselves and read a lot.

You may have a moral right to be together, but that does not translate into a legal right to be together in the United States.

Rafaelite

Oh, certainly, I appreciate the helpful replies. Thanks muchly for your efforts.

andrea874

Just a note...
What do they need a UK police certificate for? I dont think you need that for the AOS part... the only police certificate-like-thing that I had to get was something from the court stating a criminal charge I had (as a minor) was dismissed... and only because I checked off "yes" to that question about having ever been charged with anything.

Ray

They don't ....

Just Jenney

You don't -- I just goofed, that's all. It happens!

Still, I know it was an annoyance getting Mark's UK birth certificate -- and he was in the UK at the time! That's why I always think it's sort of weird when people say they married spontaneously on the VWP/tourist visa and yet they are able to obtain these sorts of documents despite the long distance. Especially in this case, when the turn-around time was only a matter of weeks, not months. I realize the OP doesn't appreciate these sorts of things being pointed out, but I (and many others here) can't help but wonder...

~ Jenney

Ray

I am afraid I tend to not believe it either....I just dont how you can go on a vacation... and stay .. with it taking so long before you can go back ...
what happens to their Job, home, all sorts of responsibilities ...and then jump into an Immigration nightmare with no knowledge or money ..
Just me being my cynical self ..I suppose ..