VWP Entry and Adjustment of Status
Hello everyone!
My UKC spouse is in the US and although he had every intention of leaving, we would like to try to keep him here permanently. We have been married for 2.5 years and my UK Visa just recently expired. His 90 days on VWP will expire on 12-1-10. If we applied for his AOS and I-130 within the next two days, what are the chances that he would be alright to stay while the Visa app is being processed? If he has to go back to the UK, how long will he have to stay over there before coming back in on VWP? Any help is greatly appreciated thank you! |
Re: VWP Entry and Adjustment of Status
I am just wondering what info you gleened from the thread you posted into (I split your post out for discussion)?
Why didn't you file when you were living in the UK and decided to relocate? What was your plan for immigrating your husband to the US? He was going to leave but now he's not? There is some back story missing; it may have an impact on your choice. |
Re: VWP Entry and Adjustment of Status
Originally Posted by Shellytime
(Post 8967806)
My UKC spouse is in the US and although he had every intention of leaving, we would like to try to keep him here permanently. We have been married for 2.5 years and my UK Visa just recently expired. His 90 days on VWP will expire on 12-1-10. If we applied for his AOS and I-130 within the next two days, what are the chances that he would be alright to stay while the Visa app is being processed?
If he has to go back to the UK, how long will he have to stay over there before coming back in on VWP? Rene |
Re: VWP Entry and Adjustment of Status
Sorry if I have posted into the wrong thread - My children and I left the UK a year after we moved there. We were miserable and I could not find work in my field. We did not apply for his Visa because he had a year's solid work over there which he could not walk away from. A few months after we left, the company lost the contracts that they had, so he was out of work for what was supposed to be only a few months. He is here now on VW, leaving earlier then the 90 days because he was supposed to go back to work in the UK to complete the work that had been put on hold. Only just recently we have found that again everything is on hold...this is why we are only trying to do something now.
Our intention was to apply for his Visa after the first of next year, as we were told that he would not be able to enter the US while it was in process. We are prepared for time apart again if we have to, but with the serious change in circumstance we were hoping we could change that by applying for his AOS now. |
Re: VWP Entry and Adjustment of Status
Originally Posted by Shellytime
(Post 8967823)
Our intention was to apply for his Visa after the first of next year, as we were told that he would not be able to enter the US while it was in process.
We are prepared for time apart again if we have to, but with the serious change in circumstance we were hoping we could change that by applying for his AOS now. Rene |
Re: VWP Entry and Adjustment of Status
Originally Posted by Shellytime
(Post 8967806)
If we applied for his AOS and I-130 within the next two days, what are the chances that he would be alright to stay while the Visa app is being processed?
You need to be aware that if his adjustment is denied for any reason whatsoever, he has NO right whatsoever to appeal that decision, and being married to a USC or having USC children will not help him at all. He will become immediately removable from the US. Ian |
Re: VWP Entry and Adjustment of Status
Originally Posted by ian-mstm
(Post 8968769)
and a medical (though, not 100% sure about the medical).
Rene |
Re: VWP Entry and Adjustment of Status
Thank you all for all of your feedback - I contacted an immigration attorney today just to better understand the potential circumstances that a denial could cause. I don't know if I would be able to get everything in order in time, and no matter what happens, we will NOT have him overstay his 90 days.
Now it's just getting the medical scheduled and seeing how quickly we can make that happen :blink: |
Re: VWP Entry and Adjustment of Status
Originally Posted by Shellytime
(Post 8969012)
I don't know if I would be able to get everything in order in time, and no matter what happens, we will NOT have him overstay his 90 days.
Ian |
Re: VWP Entry and Adjustment of Status
Originally Posted by Shellytime
(Post 8969012)
Thank you all for all of your feedback - I contacted an immigration attorney today just to better understand the potential circumstances that a denial could cause. I don't know if I would be able to get everything in order in time, and no matter what happens, we will NOT have him overstay his 90 days.
Now it's just getting the medical scheduled and seeing how quickly we can make that happen :blink: also if you don't get the medical in time it's not a desaster. You will need to sent all other AOS forms in time . Without a medical you will receive a RFE and your case will stop processing BUT WILL NOT BE DENIED. This can buy you some time to fill send your package within the 90 days. But you have to send the medical results to USCIS within 30 days after you received the RFE. Good Luck CCR |
Re: VWP Entry and Adjustment of Status
Originally Posted by crosscountryrider
(Post 8969307)
Hi,
also if you don't get the medical in time it's not a desaster. You will need to sent all other AOS forms in time . Without a medical you will receive a RFE and your case will stop processing BUT WILL NOT BE DENIED. This can buy you some time to fill send your package within the 90 days. Rene |
Re: VWP Entry and Adjustment of Status
Originally Posted by crosscountryrider
(Post 8969307)
Hi,
also if you don't get the medical in time it's not a desaster. You will need to sent all other AOS forms in time . Without a medical you will receive a RFE and your case will stop processing BUT WILL NOT BE DENIED. This can buy you some time to fill send your package within the 90 days. But you have to send the medical results to USCIS within 30 days after you received the RFE. Good Luck CCR Considering the changes in *practice* that we've been seeing (remember, the law itself has not changed) I'd be wary of relying on this interpretation. Sorry, just a more conservative approach. |
Re: VWP Entry and Adjustment of Status
Originally Posted by Noorah101
(Post 8969321)
I'm not so sure. I don't know for 100% sure, but it could be that USCIS does not consider the AOS package to be properly filed until it has all its components intact...which means responding to the RFE for the missing medical. If USCIS does not have a properly filed AOS package (including the medical) within the 90-day limit of the VWP, it *could* be denied. They won't know this, I imagine, until the interview of course.
Rene it maybe changed but when I did my AOS from VWP my attorney told me that this will work. But by any means if the OP can make it in time even better. I am also not a lawyer and don't know the latest policies. Kind regards CCR |
Re: VWP Entry and Adjustment of Status
Hello again, and thanks to everyone for the very valuable input and information that you have provided.
In a nutshell, we did not apply on his last visit due to the time constraints, so he went back to the UK. He has come over again on the VWP, as we were having some problems and weren't sure if we were going to move forward with the Visa app at all. After a bit of time, we have worked out our issues and know that the stress of another separation may be the end of us, so we just want to file now and get things moving. He has gone for his medical, and I am filling out the remaining forms now (I-130, I-485, I-765, G-235A and I-864) and will be sending them out tomorrow. With all of this I am trying to get my head around all of the fee's that must go out and found the insert below on the USCIS website. "Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file." Also, my husband did not bring his BC, and his family in the UK is not able to find it. Is this an absolute requirement for the I-485? |
Re: VWP Entry and Adjustment of Status
Have you contacted an immigration attorney yet? You said in early November that "no matter what happens, we will NOT have him overstay his 90 days." Have you researched how to approach your case based on where you live?
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