Staying in the US as UKC
#31
Account Closed
Joined: Mar 2004
Posts: 2
Re: Staying in the US as UKC
ASAP but overstay are forgiven when adjusting through marriage to a USC. NOA after applying to adjust provides a document.
#33
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Joined: Mar 2004
Posts: 2
Re: Staying in the US as UKC
I see a variety of opinions and certainly one statement that is wrong but this is open forum all are welcome to participate.
#35
Re: Staying in the US as UKC
Yes, staying and applying to adjust status is an option. The crux is your intent at entry. Did you enter the US with the intent to remain and adjust status? If asked to prove that you didn't, do you have said proof? If not, you lost your boat's paddle and are sailing up the river at the whim of the river. And yes, there are ways to prove your intent but I'm not about to tell you what they are.
Do you have the documentation required to file? A long form birth certificate showing your parents' name and where they were living at the time of your birth is one such document. Can your wife afford financially to complete the I-864 affidavit of support or do you have enough savings to help bring her income and assets over the required amount? Do you have over $2,000 for the filing fees for the I-130 and I-485? Can you afford to be sitting in the US for 90 to 180 days without permission to leave the US and return and not being able to work until you get your employment authorization document/advance parole?
You have been married for two years. Go home, your wife can file the I-130 for the start of your visa and you can complete the visa process at the US Consulate in London. You can visit under the VWP just as you have been for the last two years and when the visa is approved at the US Consulate you can then enter the US with full permission to live, work, leave and enter as you will be legal permanent resident.
There is no guarantee that your application for adjustment of status, if you file while here and remaining, will be adjudicated successfully until the day of the interview which can be anywhere from 6 months to 18 months. Go home.
Do you have the documentation required to file? A long form birth certificate showing your parents' name and where they were living at the time of your birth is one such document. Can your wife afford financially to complete the I-864 affidavit of support or do you have enough savings to help bring her income and assets over the required amount? Do you have over $2,000 for the filing fees for the I-130 and I-485? Can you afford to be sitting in the US for 90 to 180 days without permission to leave the US and return and not being able to work until you get your employment authorization document/advance parole?
You have been married for two years. Go home, your wife can file the I-130 for the start of your visa and you can complete the visa process at the US Consulate in London. You can visit under the VWP just as you have been for the last two years and when the visa is approved at the US Consulate you can then enter the US with full permission to live, work, leave and enter as you will be legal permanent resident.
There is no guarantee that your application for adjustment of status, if you file while here and remaining, will be adjudicated successfully until the day of the interview which can be anywhere from 6 months to 18 months. Go home.
#36
Account Closed
Joined: Mar 2004
Posts: 2
Re: Staying in the US as UKC
Intent is determined at the PoE and the OP has been here nearly 90 days.
Multiple BIA court cases have upheld that intent cannot be the reason for denial of an I-485 for the IR of a USC.
Google Matter of Cavazos, Matter of Ibrahim, and Matter of Battista.
Multiple BIA court cases have upheld that intent cannot be the reason for denial of an I-485 for the IR of a USC.
Google Matter of Cavazos, Matter of Ibrahim, and Matter of Battista.
#37
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Thread Starter
Joined: Jan 2020
Posts: 18
Re: Staying in the US as UKC
Me and my wife were planning on me staying in England and filing for the i-130 without meeting up before hand, however our financial situation meant we had to wait for a few months which led us needing to see each other - this was the reason for the visit. I explained this at the PoE and the original visit was for 30 days. I 100% intended to go home and then we would finish filing the i-130. Her grandpa is our sponsor for the visa and is also where we are residing, he has enough income to cover us living here and is very understanding and supportive. I am really at a crossroad here where I cannot decide which road to go down, I know I'm not guilty of anything and our marriage is real but I still worry that we'd be unsuccessful for whatever reason.
#38
Re: Staying in the US as UKC
Me and my wife were planning on me staying in England and filing for the i-130 without meeting up before hand, however our financial situation meant we had to wait for a few months which led us needing to see each other - this was the reason for the visit. I explained this at the PoE and the original visit was for 30 days. I 100% intended to go home and then we would finish filing the i-130. Her grandpa is our sponsor for the visa and is also where we are residing, he has enough income to cover us living here and is very understanding and supportive. I am really at a crossroad here where I cannot decide which road to go down, I know I'm not guilty of anything and our marriage is real but I still worry that we'd be unsuccessful for whatever reason.
#39
Re: Staying in the US as UKC
Me and my wife were planning on me staying in England and filing for the i-130 without meeting up before hand, however our financial situation meant we had to wait for a few months which led us needing to see each other - this was the reason for the visit. I explained this at the PoE and the original visit was for 30 days. I 100% intended to go home and then we would finish filing the i-130. Her grandpa is our sponsor for the visa and is also where we are residing, he has enough income to cover us living here and is very understanding and supportive. I am really at a crossroad here where I cannot decide which road to go down, I know I'm not guilty of anything and our marriage is real but I still worry that we'd be unsuccessful for whatever reason.
Last edited by Pulaski; Jan 19th 2020 at 4:50 pm.
#40
Just Joined
Thread Starter
Joined: Jan 2020
Posts: 18
Re: Staying in the US as UKC
Our family (her family) would be able to take care of me for 6 months without me being a burden, I am confident of that. If I wanted to adjust what forms would I file first?
#42
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,620
Re: Staying in the US as UKC
The OP says he is 21, she is 20 ... they've been married nearly 2 years ....... her grandpa is going to sponsor him
Anyone but me thinks this whole situation (if one believes it is genuine) is going to end badly ......
Anyone but me thinks this whole situation (if one believes it is genuine) is going to end badly ......
#45
Re: Staying in the US as UKC
As you don’t have the usual things people would use to prove they intended to return (i.e. a job expecting you back etc), it’s a risk to overstay and try to adjust status. Your call though.