jmood

A quick overview: The officer said he needs to review the case and go over it further and that we will hear back from them in 60 days. He wrote in handwriting in my passaport: My A number, Sec 245 (the name of the office/division), PENDING, his initals FL, ISO, ?YC (possibily NYC, the location) and today's date.

He also asked at the end or towards the end, what visa I entered with and upon saying VW asked about the expiry date, and saw I had overstayed.

When he was saying he would need to review the file further he also said "because of the VW situation" but I can't remember clearly whether he said that as part of his statment on as an "after-though/after-statement" kind of thing.

I know many people have posted that the officer says"you'll hear from us in x days" and that the GC arrives within 2 weeks. But this officer said "he'll have to review further" and wrote "Pending" So I'm wondering..

My husband thinks it's all fine and that the officer was similing as he let us out the door and he was joking with me. But that's HIS take and I'm still unsure...

Any thoughts please?

I'll post the rest of the experience later tonight when the wine buzz from lunch goes away. My first drink in an awfully long time and it hit me - just like I wanted it to!

Noorah101

Sorry it wasn't an instant approval for you. Did the interviewing officer ask you any questions relating to what you said at the POE, or what transpired between the POE officer and you, on the day you entered on the VWP?

Rene

crosscountryrider

I am sorry - hope everything will work out fine.

I think this is showing the importancy to file AOS in time (within your 90 days of VWP) .It also seems the the USCIS is enforcing the rules of AOS from VWP.

I hope you will have good news in a few days.

Kind Regards
CCR

YouWantFriesWithThat

Is that definitely right.......you have to file for AOS within 90 days of arrival? Get married within 90 days yes (on K1) but file for AOS?

Noorah101

It's not a MUST, but it's highly recommended (especially for those adjusting from VWP or Visitor's Visa).

Rene

jeffreyhy

jm,

"Sec 245" is a reference to the INA. It's the section that deals with adjustment of status.

Regards, JEff

crosscountryrider

You are right -you don't need to. But based on the current law -a overstay

is a obvious reason to deny your AOS.

As many people stated before if you have offer from hell he will pick up this issue.

Usually the overstay is forgiven if you file marriage based.

But forgiveness requires the willingness to forgive and the USCIS is not known to be forgiving.

However in this case the office maybe just need Supervisor approval because
of the special situation.

But that's just a guess

Kind Regards
CCR

jmood

No questions were asked about the POE. And as I wrote before, the point about what visa I entered with was the very last question he asked. When he said I'll have to review and get back to you, I don't even remember whether he added the thing about the visa waiver as an afterthought or like a point in itself.

jmood

Before anybody asks, let me add - we married within the 90 days and I filed roughly 80 days after the 90 days expired.

Question: The folks who did get approved but who got their GC later in the post - were they told their case was "pending" at the end of the interview or was another technical term used?

Noorah101

In a case like this, it's not just the overstay that could be the issue. It's the fact that an adjustment of status was made from a VWP visit at all, if the officer believes the OP had immigrant intent at the POE.

Rene

crosscountryrider

they told me right away that I was approved .But it seems this varies from case to case

crosscountryrider

Hi Rene,

I think everything is a guess . My impression was initially that the officer

asked for the VWP and than realized the overstay.

But again you are maybe right.

Kind Regards
CCR

crosscountryrider

BTY there was one thread in BE where the OP mentioned explictely that

there was a policy in place where the OP cannot be told if he/she is a instant approval at the time of the interview.

But again this seems to be just alocal USCIS office policy.

Kind Regards
CCR

jmood

CCR, do you remember which office that was?

crosscountryrider

No. I am trying to find the thread but I have to continue tonight.

Work is calling/shouting my name!

I really wish that this will have a good outcome for you