littlegirllost

Hey everyone,
This is just a question.
Im married to a US Citizen, (since Feb this year).
Im about to file all my paperwork to become a permanent resident, i came in on the Visa Waiver Pilot Program.
I called teh BCIS helpline today to check i had all the right forms before i file, and the woman told me i couldnt stay on a I-94W, even though im married to a US Citizen. I then quoted her what it says in the notes for form I-485, that you CANNOT file for adjustment of status under the Visa Waiver program UNLESS you are applying as a spouse, parent, etc. So she then put me through to an Immigration Officer who told me that yes i could file for adjustment of status under the visa Waiver program.

My I-94W runs out end of next week, but i am sending in all the forms today, the reason we had to wait was because my husband was waiting on a job, and he only started it this week, hence we had to wait because of the I-864 Affidavit of support form. I was told you have to file for adjustment of status before your I-94W runs out, so they get it right before it does.

Does anyone know anything about this, or has anyone filed for adjustment of status through Family (spouse, parent, etc) on an I-94W?

justcallme9

I am married to an American citizen ( since March 2003 ) Like you I called for advice as my visa waiver runs out on the 1st December. I was told we can file but I would still have to return to the UK once my 90 days is up.


Good luck .

Folinskyinla

Hi:

The 800 Mis-Information line is wrong. You can file.

Jon1905

I was originally planning on doing this differently, but the mis-information line, as you've already found out.. is full of contradictory information..

I'm working on writing up my timeline, now it's finally complete, but here's some hi-lites..

I entered the US on a I-94w, and married my USC wife.. We left, and went back to the UK.. We both came to the US and filed the I-130 Package.. A month later I returned to the UK for a month, and then came back another month later, on another I-94w..

The plan was for me to stay for three months, and then return to the UK, to wait for processing.. however we became pregnant, and I already felt bad enough leaving my wife, with the country in a state of war as it was at the time.. Pregnant there was no way... so I over-stayed my I-94.. My I-130 was approved just before it expired though, I don't know if that was what helped or not..

I'll skip the reasons for all the delays... but about 14 months later, (All Spent in the US on an over-stayed I-94w) I filed the Adjustment of Status paperwork, and received an EAD..

I got my interview date through, and I now have my Green Card..

This was definately NOT the way to do it, but it is possible... I very much doubt had it not been for the I-130 however, that I would have been so lucky..

~ Jon

littlegirllost

Thanks for the information.
How did you leave the US after you filed the I-130 package?
I am filing the I-130, I-485, I-864, I-765, simultanouesly, and cannot leave the country once i file them all, unless i file a travel document, and thats only for family emergencies back home in the UK.

SO i should have filed all these forms when i first came here? Before the 90 days where up? Ive got one week left, and like i said we were waiting on my husbands job, which he only started this week, plus we had to move to another state.

Im soo worried about it all, im posting the forms tommorrow, and am afraid that they will get back to me when they receive them and deport me. Also, im past 7 months pregnant, i cant fly.

My husband tells me not to worry so much, but im scared about it all. Its all soo complicated, i dont want to be away from him.

Jon1905

I wasn't aware, due to my own ignorance, and the ignorance of the INS Mis-information line staff.. that I could file the I-485 at the same time.. I just filed the I-130, and left.. it was about 14 months before I filed the I-485.. and I believe it's that form that you may not leave the country during the processing of..

Having said that.. I don't really have a clue, as is evident by the complete mess I made of the whole situation.. I may well have been in violation of some rule somewhere by leaving after filing the I-130, but from what I was aware, that one didn't matter if I was in the country or not...

But as you said you are filing the I-485 at the same time, then leaving the country without Advanced Parole would definately be a very bad idea..

~ Jon

Folinskyinla

Hi:

ALL adjustment applications have to file for "advance parole" if they wish to travel. By the way, the requirement is for "emergent" NOT "emergency" reasons -- so it is anything that comes up and is important to you and therefore "emergent" -- you ask and you get

with one PROVISO -- you have not been here 270 days since entry on the VWP.

"misinformation" line strike agains.

littlegirllost

Thanks Folin,
Ive been reading alot of other old posts about people filing for AOS on the VWPP. Some say you encounter problems, because you are lying when you enter the country on one because you intend to leave, but then dont.

I came here in Feb 2003 and we got married, i then went home after 6 weeks. I came back again in April, done the medical and went home *again* after 7 weeks. This time im one week away from my 90 days. Is this going to make my case worse? The fact that i entered twice more AFTER i got married to a USC? Or will it help because they will say i didnt plan to stay, because i went home twice?

Thanks

Folinskyinla

Hi:

You definately fall under the rubric of "preconcieved intent" but that is a "discretionary" factor. Actually lying at the POE is an "eligibility" factor. You don't give the facts of what happened at port of entry so I have no idea if you considered fraud or not -- you are the only one can show that and the mere fact of entry with intent to remain longer is NOT fraud -- it requires an actual misrepresentation.

This is an area often misunderstood.

AnnaV

This is one of the most useful pieces of information on this subject I've seen here yet. And I mean it sincerely. I've been reading about this "10-foot pole topic" for a while now, and I've always come away confused about the "intent" factor. You just made it a bit clearer for me.

Thanks.

Anna

littlegirllost

Folin,
At the port of entry i was just asked where i was staying, how long for, and i think perhaps why. She also saw i had been into the country twice before this year, and asked me how many times in total i had been to the U.S . I told her 4, because i had been on holiday with my mum when i was about 15.

She didnt ask about husband/fiancee/boyfriend, so i didnt say anything. She let me through with the least amount of aggrevation than the 2 previous times. I never technically lied at any of the POE's, because i didnt stay more than the 90 days. This time, we both decided we had had enough, and we wanted to be together to have our baby together. I knew at some point he would either live with me in the U.K, or me there with him. Thats why i done the medical that second time, i knew sometime we would be doing something, just not sure when or how.

One more thing, what did you mean Folin when you said "you are the only one can show that and the mere fact of entry with intent to remain longer is NOT fraud -- it requires an actual misrepresentation".

Thanks, once again.

Folinskyinla

Hi:

The "ten foot pole" part comes from the fact that lay people can read after-the-fact analysis as a planning tool -- and not do it so well -- and they are playing with fire. As a lawyer, I am subject to various ethical considerations on giving what can be considred advice on future actions.

crusty

Hi,
My husband overstayed his I-94w and the "helpline" also told us he couldn't stay. I want you to know that because of the great people in this forum and all of the wonderful advice we were given by them...He applied for adjustment and everything has gone wonderfully since then. He has already recieved his EAD,had fingerprinting done, had his medical done, and finally recieved his Social Security Card and is now employed...nothing left but the interview now. I understand how you are feeling as we were also in fear of deportation and the like...but it all worked out . Go ahead and file for adjustment without fear. If you do overstay before filing...please DO NOT leave the country, they won't let you back in if you do so. Good luck to you and God Bless.

Susanna

Am I right in thinking then?
That if you have entered the US on a 1-94w and did not lie at POW and have a 90day stay permitted then if you marry a US citizen within that time limit and applie for change of status once married, you can stay in the country with your spouse until all approvals are made?..........But can you return to the UK in the meen time if need be and get back in without ?heard so many conflicting stories????.
Do you aplie before you marry or after for change of status and if not pre-emited is it legal to marry a US citizen while on a 1-94w?
Thanks for any input.

Mrtravel

Susanna wrote:

    > Am I right in thinking then?
    >
    > That if you have entered the US on a 1-94w and did not lie at POW and
    > have a 90day stay permitted then if you marry a US citizen within that
    > time limit and applie for change of status once married, you can stay in
    > the country with your spouse until all approvals are made?..........But
    > can you return to the UK in the meen time if need be and get back in
    > without ?heard so many conflicting stories????.
    >
    > Do you aplie before you marry or after for change of status and if not
    > pre-emited is it legal to marry a US citizen while on a 1-94w?
    >


You can legally marry if you enter on any visa or VWP. However,
preconceived intent to IMMIGRATE doing this would be illegal without the
correct visa (K-1). That is as far as I am going. The rest is very
interpretive. It isn't just about lying. For instance quitting your
job, selling your home in advance of this move without the proper visa
would also be considered as possible preconceived intent.
Avoid tha hassle, do it legally.