Mark Duddridge

I'm nearing the end of my 90 day stay here in the US, (90th day is this coming Tuesday).
Since I have got here, my g/f & I have become engaged, (early Jan), and married, (last
weekend). Just after we were engaged we sought out the advice of an Attorney. They
suggested either I go home after 90 days and then come back on a Fiancé(e) Visa some time
in the future in order to marry or that we marry before I was due to leave and apply to
adjust my status.

We decided to go for the latter and married last weekend, however, we only received the
forms we requested from the INS on Tuesday and we cannot see our Attorney until
mid-March! : S

I came in to the US via the Visa Waiver Pilot Program, (I'm British), (with instructions
upon my I-94 that I could not change status, extend my stay or work), so I feel that I
should go, as planned and then adjust my status either before I return to the US again.

My wife thinks I should stay and we complete an I-539 and then we can sort out the rest of
the forms with the Attorney's guidance.

The third alternative I have thought of is leaving the States for a week or two before
returning and then adjusting my status when I get back here.

Can anyone help with suggestions?

Thanks in advance, Mark.

Mark Carroll

(snip)
>I came in to the US via the Visa Waiver Pilot Program, (I'm British), (with instructions
>upon my I-94 that I could not change status, extend my stay or work), so I feel that I
>should go, as planned and then adjust my status either before I return to the US again.

This could take an awfully long time, especially now that you're married.

>My wife thinks I should stay and we complete an I-539 and then we can sort out the rest
>of the forms with the Attorney's guidance.

Adjusting your status now might be the best way, and staying in the US.

>The third alternative I have thought of is leaving the States for a week or two before
>returning and then adjusting my status when I get back here.
(snip)

And how do you plan to return? It's illegal to enter on the VWPP with the prior intention
of staying and adjusting status, and if they ask you what your plans are at the airport it
is a very bad idea to lie.

-- Mark

Sylvia Ottemoeller

Mark Duddridge wrote:

> I'm nearing the end of my 90 day stay here in the US, (90th day is this coming Tuesday).
> Since I have got here, my g/f & I have become engaged, (early Jan), and married, (last
> weekend). Just after we were engaged we sought out the advice of an Attorney. They
> suggested either I go home after 90 days and then come back on a Fiancé(e) Visa some
> time in the future in order to marry or that we marry before I was due to leave and
> apply to adjust my status.
>
> We decided to go for the latter and married last weekend, however, we only received the
> forms we requested from the INS on Tuesday and we cannot see our Attorney until
> mid-March! :

You could probably hire another attorney who would see you right away.

> I came in to the US via the Visa Waiver Pilot Program, (I'm British), (with instructions
> upon my I-94 that I could not change status, extend my stay or work), so I feel that I
> should go, as planned and then adjust my status either before I return to the US again.
>
> My wife thinks I should stay and we complete an I-539 and then we can sort out the rest
> of the forms with the Attorney's guidance.

You are not eligible to file Form I-539. Those instructions on the I-94 are the truth.

> The third alternative I have thought of is leaving the States for a week or two before
> returning and then adjusting my status when I get back here.

Bad idea. You would have to enter the U.S. in WT status again, and there would be no
question of your preconceived immigrant intent. After all, you are already married!! INS
could refuse to admit you, and you could be stuck outside the U.S. until you could
complete an entire consular immigrant visa process.

> Can anyone help with suggestions?

It is not the end of the world if you overstay your authorized WT stay, if you are
eligible to file Forms I-130/I-485 etc. It does not cost you any more; you just make use
of INA section 245(c), which allows immediate relatives to file Form I-485 despite having
violated status. The moment Form I-485 is filed, you are in legal status again. So you
would have a small window of violating your status; a reasonable risk compared to the
alternatives, in my opinion.

Mark Duddridge

> This could take an awfully long time, especially now that you're married.

Yes, I kinda guessed it would.

> >My wife thinks I should stay and we complete an I-539 and then we can
sort
> >out the rest of the forms with the Attorney's guidance.
>
> Adjusting your status now might be the best way, and staying in the US.

To be honest, we were leaning in this direction already.

The way I understand it, if my I-539 was posted tomorrow for arrival Monday, (I'm not sure
how good or bad the US postal system is), I would be able to stay whilst it is processed?

> >The third alternative I have thought of is leaving the States for a week
or
> >two before returning and then adjusting my status when I get back here.
> (snip)
>
> And how do you plan to return? It's illegal to enter on the VWPP with the prior
> intention of staying and adjusting status, and if they ask you what your plans are at
> the airport it is a very bad idea to lie.

I realised everything you replied to the third suggestion after I posted the original
message, and so I put this idea out of my mind. After all, lying & cheating my way in
would just put everything in jeopardy, which is what we most definitely do not want.

Thanks for the advice, help & clarifications, Mark.