NOW!...well tomorrow!

Hey folks!

Im a long (long long) time lurker on here, and have used this site to get lots of information about the process that I am starting tomorrow.

Im a UKC and my wife is a USC.
Been together 3 years, got married last month
We have a daughter together
I have approx 20 visits to the USA during our time together (I work in the Oil Industry, so my rotational work makes it easy to take trips overseas)
We have the usual documentation, on the same health insurance, Im on her car insurance, we have had a joint bank account for 2+ years. etc etc

Now I am doing the "visa express" VWP-AOS route, which I know has its own particular set of issues, and I know a lot of people here dont approve, but the wedding was a last minute decision... we planned it on the Wednesday, got married on the Saturday. (We actually rented a large yacht and got married on the lake by the ex-mayor, so it was really nice)

The purpose of this thread is just to give an idea of the current timeline to anybody following in my footsteps, and hopefully to get some advice on any issues that come up.

We have an immigration lawyer doing the legwork for us (Mathur and associates in Dallas, Tx) We have paid all the filing fees and given them all the documentation that they asked for, and tomorrow my wife and I are going in to sign the documents, then they get mailed tomorrow afternoon!\

So start the timer!

Paperwork mailed 8/5/11 (pending)

Congratulations on the marriage, good luck with the adjustment.

Regards, JEff

So I take it you've quit your oil industry job, or taking a leave of absence? Since you won't be able to leave the USA for some time now?

Rene

Hi Rene,

At the moment I am working from my companys Dallas office, although being paid and taxed in the UK. My lawyer said that this is a bit risky, especially outside of the VWP 90 days (Im still in the 90). I have permission from my company to take leave of absence when I need it and I have also been offered a position in the Dallas office when I get my EAD

You know that's illegal, right?


Not only is it risky, it's... um, illegal. Did the lawyer tell you that also? He should have... and if he didn't, I suggest you need new counsel. That said, illegal work is usually forgiven for the spouse of a USC... usually.

It's refreshing (some would say amusing, but not me) to come across someone who is comfortable with this level of risk tolerance. Good luck to you.

Ian

Is it still counted as being illegal when Im only doing my own Europe based paperwork, but in the Dallas office (using their intranet)? I didnt realize that.

Im reasonably comfortable yes, if things dont go well....well I will deal with that at the time, Im in for a long wait for things to work its way through the system. Lying awake at night worrying isnt going to make things go any better! Ive always been truthful at the POE, explained that my fiance and daughter were here, and its gotten me into the secondary questioning a few times, but Ive always maintained that if Im truthful with nothing to hide then its going to work out a lot better than lying to them! I think the same applies here, although if I am genuinely working illegally then I guess I better start thinking about taking my leavc of Absence!

Thanks

Stephen

It is illegal to do any work while you are physically in the USA as a visitor. Doesn't matter where the company is located or where your paycheck goes.

Rene

Yup. It's even illegal to answer work emails while you're in the US.

As you have not yet overstayed your 90 days I would recommend that you return within the 90 days and begin the CR-1 visa application process. It is the legal way to proceed, will permit you to continue travelling between the two countries while you wait for your visa, and carries the least risk of getting your situation royally screwed up.

I'm not at all certain about the "legality" or lack thereof of the work you are doing in the way of remunerated activity. But then I used to practice immigration law for a living.

hi guys i know doing the aos from a vwp is frowned upon here.
but what i would like to know is.if the original posters aos failed would he be allowed to fly home then start the iv process or would the overstaying stop them from doing that.
and if so would they ever be allowed to file iv at all

thanks

Hard to say. If he doesn't receive a permanent ban from the US, then yes. It's unclear whether or not he'd receive such a ban.


That'll depend on whether or not the time he was in the US after the VW expired is counted as overstay. If it's more than 6 months he may be subject to a 3-year ban from the US, so he'd need to be outside the US for that long before he could benefit from an IV. The problem is that it's unclear whether or not such time is counted as overstay.

Ian

Overstaying could result in a 3 or 10 year ban from entering the USA, as Ian has posted, depending on the length of the overstay.

On the other hand, a material misrepresentation could result in a permanent ban. In this case, when one enters the USA using the VWP one is representing that they are entering only for a visit, but then by applying for adjustment of status they are changing their story. Do you see the potential problem?

One can apply for an immigrant visa if one is the beneficiary of an approved I-130 petition. The petition merely establishes that a familial relationship exists. So yes, one can apply for an immigrant visa. Having that visa application approved is something else again. If one is excludable from the USA - banned from entering - one is not going to get a visa. (Unless the exclusion can be and is waived.)

Regards, JEff

The way it was explained to me by my lawyer was that if the filing was before the 90days and was rejected, then USUALLY the ban will not apply as long as you leave the US, and thus allowing you to apply from outside.

As mentioned on this and many other threads, the law can be interprited (sp?) in many ways, and 2 different applications can result in 2 totally different outcomes.

just an update folks, seems to have taken longer than expected to get the receipts, I never got the electronic receipts that i signed up for...oh well

Filed - 8/8/11
Receipts received in mail - 9/1/11

One thing I noticed is that the receipts came from the National Benefits Center, is this normal? I thought they only handled the overflow of cases?

The paper receipt notices are the ones you need, the e-mails are worthless anyway.
The NBC is where the cases are first reviewed after being transferred from the lockbox. I believe that the NBC processes the I-131 and I-765, and decides whether the I-485 should go to a local office for interview and decision or to the CSC for decision without interview. Regards, JEff