Noorah101

Please note that the USCIS helpline workers are just contract workers who really know nothing about immigration law.

Seems they are right on this one.

If I were you, I'd have a 1-time consultation with an immigration attorney before acting on this advice. The attorney might tell you something different.

That's one option, but since you've overstayed, I'm not sure it's the BEST option.

Again, another option but perhaps not really the BEST one, either. Talk to an immigration attorney.

Probably around 6 to 12 months.

Probably around 6 to 12 months. Although the K-1 is usually just a tad faster than the I-130 route.

Rene

hcj1440

Hi Gene

There is an exception on the VWP (I-94W) entry for immediate relatives of USCs. See instructions to form I-485, p2, under the heading "Who is not eligible to adjust status", second to last bullet point:
"You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried child under 21 years old)"

HunterGreen

And make it a different lawyer than the one you've consulted before. Nice check on this is to see if the lawyer gives you the answer hcj1440 just gave, when you ask if you would be eligible for adjustment of status.

Dr Jones

On Mar 5, 7:18 pm, hcj1440 <[email protected]> wrote:
> > Once again thank you all for your comments.
>
> > I have just phoned the USCIS helpline and they have said the
> > following:
>
> > 1. Common-law marriages are not valid.
> > 2. Even if we get married I have to go back to the UK and wait for
> > the I-130 to be processed, because I am here on a I-94W visa, and
> > cannot adjust my status.
>
> > Therefore my options are:
>
> > 1. Do option (2) above.
> > 2. File for K-1 so I can come back next time and get married.
>
> > Does anyone know how long I will have to wait in the UK for the I-130
> > to be processed?
>
> > and does anyone know the waiting times for the K-1 if I choose that
> > route?
>
> > Thanks
> > Gene
>
> Hi Gene
>
> There is an exception on the VWP (I-94W) entry for immediate relatives
> of USCs. See instructions to form I-485, p2, under the heading "Who is
> not eligible to adjust status", second to last bullet point:
> "You were admitted to the United States as a visitor under the Visa
> Waiver Program, unless you are applying because you are an immediate
> relative of a U.S. citizen (parent, spouse, widow, widower or unmarried
> child under 21 years old)"
>
> --
> Posted viahttp://britishexpats.com

Thats excellent news I just downloaded the form. Therefore I can
adjust my status even if I am here on a I-94W. Therefore if we:

1. Had no pre-intent to get married before I got here (which we
didn't)
2. Get a marriage license at City Hall.
3. Then we file I-130 and I-485.

Then all should be ok.

New questions
1. Do I file I-130 and I-485 at the same time, or do I file I-130
wait for visa number then file I-485?
2. As the waiting time will result in an overstay on my current I-94W
visa. Is this ok?

Ray

1.All together ..plus the other forms required..it not just those two you need
....with a large check..

2. yes

CarlM

...and dont bother with the I-131.

Hey Ray - long time!

Noorah101

Just a picky note here...you only mentioned getting the marriage license at City Hall. You will need to actually get married and have the certified copy of the marriage certificate (after it's been recorded at the county) before you can file the AOS paperwork.

File the I-130 and the I-485, plus all other required forms and medical, etc., together to the Chicago Lockbox address.

Yes. Don't file I-131 for AP. Don't leave the USA until you have your green card in hand.

Rene

hcj1440

Gene - I cannot remember when your I-94W is good until -- but when USCIS accepts your correctly filed I-485, at that point you will be considered a "pending adjustee" or "adjustment applicant" and you will be here legally while waiting for the AOS paperwork to be adjudicated. So bottom line, if you manage to get everything in and accepted by USCIS before the date on your I-94W, you will not accrue a single day of "unlawful presence" or overstay.

If you do accrue any overstay then as the others have noted, it's probably best if you did not leave the US again (even with Advance Parole) until you have your green card in hand.

You may be able to speed up getting the marriage certificate if you get married in a smaller town (as opposed to a large city hall) and make arrangements with the town clerk in advance. We were able to walk out with our marriage certificate literally within an hour of getting married -- but I did research and made arrangements in advance. In a large city if you are dealing with city hall you may have to wait 2-4 weeks for the certificate to be sent to you in the mail. That will delay your AOS filing as you cannot file without your marriage certificate. Also, if you are in a hurry you can look into neighboring states and see if there is one without a waiting period. Some states have a 3-day waiting period between getting the license and getting married, some require bloodwork to be done, and some (Vermont and Nevada come to mind) allow you to get the license and get married on the same day.

meauxna

Dr Jones: I suggest that you take those downloaded forms and READ them very carefully--you've missed a couple of things already that are right on the forms.

The instructions (How Do I?) section of uscis.gov is scattered, but if you stick with it, you will find more explanation.

Finally, there are many FAQs posted around that cover everything you need to include--you've missed many of them already.

Patrick Hasler

Under the terms of such documents as a Visa waiver etc it is ilegal to change your status whilst here for the 90 days but if you do so and apply they won't kick you out unless you are an undesirable.
I used to come over on visa waivers and got married to Kate 3 months after my last one expired, applying for my green card the very next day.
I was worried that because I had broken the terms of the visa waiver I would be kicked out, but at my INS interview almost 6 months later the officer told me once married they would never have deported me providing I had not lied or had a criminal record etc. Even though that 6 months were spent here as an ilegal alien they didn't care.
On the other hand if I had stayed nad not married Kate I would have been deported.
Be very carefull.

TRPardoe

You need to get yourself a new, and good, immigration lawyer.

hcj1440

You only spent 3 months, not 6 months, as an illegal alien if you applied for AOS 3 months after your last VWP expired. Once your I-485 was accepted by USCIS the unlawful presence clock stopped ticking and you were once again in legal status.

If married to a USC, neither overstay (of any length) nor entry on VWP makes one ineligible to adjust status. Generally speaking you may not adjust status from VWP but there is an exception for immediate relatives of USCs, as noted in an earlier post.

hcj1440

The OP did not consult a lawyer to get those answers, he consulted the USCIS 800# help line.

TRPardoe

Like I said...............

Deedee13

An overstay is a forgiven in immigration on marriage! This is why its hated!

Do not leave the country - until u have a GC.

If u want to work whilst ur visa is being processed dont forget to fill out the work authorisation form. I got mine yesterday, 2 months after applying for it.

If u can read and write and spend a bit of time reading the FAQs u will not need to pay for a lawyer. Do it yourself if u can read and write. Its not difficult just have patience while ur doing it.

And make sure u copy everything u send. If ur wife is going to be ur sponsor, has she filed taxes the past three years to sustain the requirements for the affidavit of support?