infotec28

Hello,

I am a US citizen in the Fort Lauderdale-Miami Florida area

My wife came from Scotland to the US as a tourist on a visa wiaver March 24th 2003.

We married on June 2nd 2003 which is 64 days after she arrived in the US.

I talked to a friend's wife who worked as a clerk in an immigration office.

I became quite frightened when she indicated that if I waited longer than June 24th 2003 to get all of the immigration forms out(the 90 day point at which her stay on her passport expires) that INS could charge me an additional $1000 for overstay....

There is no way that I can afford the forms for a while to come.

Is this true???? I am scared ((((((((((

Thanks

Dekka's Angel

I have no idea what $1,000 your former-immigration clerk friend is talking about. She is probably confusing things with Adjustment of Status based on 245(i), which allowed certain undocumented and out of status people to apply for AOS without leaving US soil -- as they would have been required to -- provided certain conditions were met. That is the only program I am aware of with a $1,000 "penalty fee" associated with it. And acceptance of applications for that program ended in early June.

Assuming, however, that I'm reading your post correctly, and that your wife entered lawfully on a VWP with no preconceived intent to have her marry and remain that was not disclosed at the port of entry when asked about the purpose of her visit (or is that why you are referencing the 64 days? If it is, pretend I didn't answer you at all because that's a 10-foot pole subject for me personally) and there are no other disclosed issues, the $1,000 penalty would not apply in any event because she entered the country legally and did not (I presume) commit any other violations which would trigger 245(i) to begin with.

I'll let others far more facile describe what the impact is of not filing the forms by the time her VWP admission period runs out. But a $1,000 penalty from BCIS isn't one of them.

infotec28

thanks!

ok crew....what are the consequences of not being able to file the appropriate forms by the time the Visa Waiver runs out in 4 days from now?

If so.... are the consequences for sure?

Thanks

lairdside

The consequences as far as I am aware would not be significantly different for filing whilst in status and filing whilst out of status, except of course that whilst out of status your wife runs the risk of being detetcted and undergoing expedited removal.

If I am incorrect about the expedited removal would someone please correct me - but my impression is that as she came on the VWP and not a visa that she waived her rights to the removal process so can be removed without process.

The BCIS may well question you as to your wife's possible immigrant intent when she entered the US, the abuse of the VWP is a sensitive issue as it is considered to be a "privilege" by many BCIS officers. Some may well take a more concerned attitude towards this than others.

Alex

We were not able to file for two years after our marriage. The only
downside to that was you can not use advanced parole (under no
circumstances use advance parole if you are more then 180 days out of
status. Personally I wouldn't at any point out of status). Your wife
should also not work until you can file and get her EAD. I am on
disability so not working was not a problem for me.

We had a successful adjustment of status and I apply for my citizenship
in Jan.


infotec28 wrote:
    > Hello,
    >
    > I am a US citizen in the Fort Lauderdale-Miami Florida area
    >
    > My wife came from Scotland to the US as a tourist on a visa wiaver March
    > 24th 2003.
    >
    > We married on June 2nd 2003 which is 64 days after she arrived in the
    > US.
    >
    > I talked to a friend's wife who worked as a clerk in an
    > immigration office.
    >
    > I became quite frightened when she indicated that if I waited longer
    > than June 24th 2003 to get all of the immigration forms out(the 90 day
    > point at which her stay on her passport expires) that INS could charge
    > me an additional $1000 for overstay....
    >
    > There is no way that I can afford the forms for a while to come.
    >
    > Is this true???? I am scared ((((((((((
    >
    > Thanks
    >
    > --
    > Posted via http://britishexpats.com

infotec28

thanks for the posts...lets keep them coming....

We are very low key here....my wife doesn't work illegally either so with respect to expedited removal, does INS come beating the door down in general??

thank you

lairdside

I believe not. You normally have to be apprehended in conjunction with something else (illegal employment, driving offences etc) is the impression I have, unless you live near the Mexican border.

However it doesn't hurt to be careful.

Hedy

If I am correct you can not file for the paperwork ,or change her
status during the visit on a VWP.It is only possible is she came in on
a tourist visa
I found this information for you :

"What Are the Disadvantages of Using the VWP?

If you are admitted to the U.S. under the VWP, you may not change or
extend your nonimmigrant status. If your admission is denied, you have
no right to administrative or judicial review, except as noted above.
Likewise, if you are found to have violated the terms of your
admission, you also forfeit the right to contest a removal order.
Therefore, before using the VWP, you should carefully consider your
options."

Who is Eligible?
You may apply to extend your stay if you were lawfully admitted into
the United States with a nonimmigrant visa, your nonimmigrant visa
status remains valid, and you have not committed any crimes that would
make you ineligible. You must apply to extend your status if you wish
to stay longer than the date indicated in the lower right-hand corner
of your Form I-94 (Arrival-Departure Record). Please note, you must
submit the application for an extension of stay BEFORE your current
authorized stay expires. You must also keep your passport valid for
your entire stay in the United States.

You may not apply to extend your stay if you were admitted to the
United States in the following visa categories:

(VWPP) - Visa Waiver Pilot Program
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé of a U.S. citizen or dependent of a fiancé
S - As an informant (and accompanying family) on terrorism or
organized crime

Patrick

Hedy you are wrong, the ONLY way you can adjust status is if you marry a
USC, there is no other way to adjust status on the VWP.
Patrick
"Hedy" wrote in message
news:[email protected]...
    > If I am correct you can not file for the paperwork ,or change her
    > status during the visit on a VWP.It is only possible is she came in on
    > a tourist visa
    > I found this information for you :
    > "What Are the Disadvantages of Using the VWP?
    > If you are admitted to the U.S. under the VWP, you may not change or
    > extend your nonimmigrant status. If your admission is denied, you have
    > no right to administrative or judicial review, except as noted above.
    > Likewise, if you are found to have violated the terms of your
    > admission, you also forfeit the right to contest a removal order.
    > Therefore, before using the VWP, you should carefully consider your
    > options."
    > Who is Eligible?
    > You may apply to extend your stay if you were lawfully admitted into
    > the United States with a nonimmigrant visa, your nonimmigrant visa
    > status remains valid, and you have not committed any crimes that would
    > make you ineligible. You must apply to extend your status if you wish
    > to stay longer than the date indicated in the lower right-hand corner
    > of your Form I-94 (Arrival-Departure Record). Please note, you must
    > submit the application for an extension of stay BEFORE your current
    > authorized stay expires. You must also keep your passport valid for
    > your entire stay in the United States.
    > You may not apply to extend your stay if you were admitted to the
    > United States in the following visa categories:
    > (VWPP) - Visa Waiver Pilot Program
    > D - As a crewman
    > C - As an alien in transit or in transit without a visa
    > K - As a fiancé of a U.S. citizen or dependent of a fiancé
    > S - As an informant (and accompanying family) on terrorism or
    > organized crime

Careybear

My friend and her fiance decided to get married while he was over on his VW and they sent in their AOS papers last week i believe. I'm sure it's able to be done. They sent in the papers to Detroit and his 90 days weren't over before they sent their papers in. They weren't planning on getting married when he entered but because of her health issues they decided to get married. I hope this helps....you are definitely able to apply for adjustment of status your wife will just be seen as "pending permanent resident" (i believe that's what it's called anyway) while you wait for you AOS interview...if someone else has comments on this please feel free to make them.

Carey

lairdside

Erm, actually no.

You can AOS from the VWP if you're eligible as the immediate relative of a USC. i.e. parent, minor child or spouse.

It is not with out problems but "technically" you can.

lairdside

This only applies to the immediate relatives of USC - not LPRs.

You may be able to travel on AP whilst adjusting status from the VWP provided that your overstay did not exceed 180 days.

HOWEVER, I would consult with an immigration attorney prior to attempting this to make sure that there are not any other complicating factors which may make the alien inadmissable upon their return to the US.