(Yes another) England To Chicago
#46
Re: (Yes another) England To Chicago
i really dont want him to have to leave for any length of time, but i'm worried the AOS from VWP may be the worst approach. if he was banned, i'd likely have to go through all this to be in the UK- and with even less money or work prospects in my future.
maybe we should consider the K1 or I-130, not sure which is better, especially with our situation.
I'm calling attorneys tomorrow to see who can see us quickly and might be able to offer us options, thanks for the tips on lawyers in our area.
p.s. i'll be sure to ask the attorney about the overstay ban and get back to you
maybe we should consider the K1 or I-130, not sure which is better, especially with our situation.
I'm calling attorneys tomorrow to see who can see us quickly and might be able to offer us options, thanks for the tips on lawyers in our area.
p.s. i'll be sure to ask the attorney about the overstay ban and get back to you
Rene
#47
Just Joined
Joined: Sep 2008
Posts: 27
Re: (Yes another) England To Chicago
Great advice!
ta very much
ta very much
#48
Re: (Yes another) England To Chicago
Tomorrow's sunday by the way
We'll ask Monday though for sure.
We'll ask Monday though for sure.
#50
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: (Yes another) England To Chicago
What I do not know, however, is if the AOS is denied - do they THEN consider the time spent an overstay?
Unless you're saying you were told no to that...
#51
Re: (Yes another) England To Chicago
I'm not sure, just going by my experience. A few weeks before we go married I met with my atty to work out the best options. Her answer was that as long as both the marriage and application for AOS were submitted before the 90 days was up then I could do it. We married day 87 and paperwork was in day 89. It didn't raise any eyebrows at my interview. That was 5 years ago though so I don't know what might have changed since then.
#52
Re: (Yes another) England To Chicago
Yes, that's what I meant. It was pending & if they denied, then I'd be back to square one but it wouldn't be an overstay because they permitted me to stay while awaiting the decision. Like I said though, that was a few years ago so I don't know what might have changed.
#53
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: (Yes another) England To Chicago
OK, was just making sure I understood you - thanks
#54
Re: (Yes another) England To Chicago
But I wonder if this would be consistently enforced by all offices? Because we all know how consistent USCIS is.
#55
Just Joined
Joined: Sep 2008
Posts: 27
Re: (Yes another) England To Chicago
if they did impose a ban based on a rejected AOS after VWP- and based in the length of your overstay, there are several things wrong with the logic.
if you apply for AOS, you can't leave the country until you receive an AP. that's my understanding. So, to deny an application for AOS, then penalize someone based on how long they overstayed their original VWP- when it's impossible for them to leave, and their overstay was dependent on how long it took to process the application...
i just don't see how they can enforce a ban for someone who files within the 90 days
if you apply for AOS, you can't leave the country until you receive an AP. that's my understanding. So, to deny an application for AOS, then penalize someone based on how long they overstayed their original VWP- when it's impossible for them to leave, and their overstay was dependent on how long it took to process the application...
i just don't see how they can enforce a ban for someone who files within the 90 days
#56
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: (Yes another) England To Chicago
if they did impose a ban based on a rejected AOS after VWP- and based in the length of your overstay, there are several things wrong with the logic.
if you apply for AOS, you can't leave the country until you receive an AP. that's my understanding. So, to deny an application for AOS, then penalize someone based on how long they overstayed their original VWP- when it's impossible for them to leave, and their overstay was dependent on how long it took to process the application...
i just don't see how they can enforce a ban for someone who files within the 90 days
if you apply for AOS, you can't leave the country until you receive an AP. that's my understanding. So, to deny an application for AOS, then penalize someone based on how long they overstayed their original VWP- when it's impossible for them to leave, and their overstay was dependent on how long it took to process the application...
i just don't see how they can enforce a ban for someone who files within the 90 days
Your logic is just fine - the only problem is - will the USCIS use logic?
As a VWP entrant - you have basically no rights to appeal their decisions. It is the risk of trying to adjust from the VWP.
That said - probably most people who file within the 90 days are fine. I do not know what happens to any who are rejected. I would certainly put the question to an attorney when you talk to one.
#57
Re: (Yes another) England To Chicago
if they did impose a ban based on a rejected AOS after VWP- and based in the length of your overstay, there are several things wrong with the logic.
if you apply for AOS, you can't leave the country until you receive an AP. that's my understanding. So, to deny an application for AOS, then penalize someone based on how long they overstayed their original VWP- when it's impossible for them to leave, and their overstay was dependent on how long it took to process the application...
if you apply for AOS, you can't leave the country until you receive an AP. that's my understanding. So, to deny an application for AOS, then penalize someone based on how long they overstayed their original VWP- when it's impossible for them to leave, and their overstay was dependent on how long it took to process the application...
#58
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: (Yes another) England To Chicago
... and their overstay was dependent on how long it took to process the application...
i just don't see how they can enforce a ban for someone who files within the 90 days
Ian
#59
Just Joined
Joined: Sep 2008
Posts: 27
Re: (Yes another) England To Chicago
we spoke with an immigration attorney today to get a feel for what we're facing, and he seemed fairly confident about filing AOS after VWP in our case
though a concern was that he seemed less rushed to file than we are and mentioned that if you lawfully married a USC within in 90 days you have the right to file for AOS eventually. He also said some people are here for years before attempting to file AOS. I dont think that's really relevant because some people are risk takers who live on the edge. I obviously am not one of those people.
when we asked if you could incur a ban if it was rejected his response was 'is there any reason they would want to reject you?' which was basically saying 'have you done something they'd want to keep you out of the country for'. I took that half answer as further evidence that they will decide case by case and as was so aptly put, 'it's their sandbox- their rules'
though a concern was that he seemed less rushed to file than we are and mentioned that if you lawfully married a USC within in 90 days you have the right to file for AOS eventually. He also said some people are here for years before attempting to file AOS. I dont think that's really relevant because some people are risk takers who live on the edge. I obviously am not one of those people.
when we asked if you could incur a ban if it was rejected his response was 'is there any reason they would want to reject you?' which was basically saying 'have you done something they'd want to keep you out of the country for'. I took that half answer as further evidence that they will decide case by case and as was so aptly put, 'it's their sandbox- their rules'
#60
Re: (Yes another) England To Chicago
when we asked if you could incur a ban if it was rejected his response was 'is there any reason they would want to reject you?' which was basically saying 'have you done something they'd want to keep you out of the country for'. I took that half answer as further evidence that they will decide case by case and as was so aptly put, 'it's their sandbox- their rules'
Well, a denial doesn't have to come from your side, either. If you get a really crabby AOS interviewer, and he asks you to show proof that there were no plans to stay when entry was made on the VWP, and you can't prove that, or the officer isn't happy with your proof....then you risk a denial anyway.
Rene