kingarthur

Hi ..help needed

I married my darling on 20th sept in texas,my 90 day visa waiver expires in 20 days on 29th oct,i have not filed any forms yet at the INS,and 20 days will not be enough to get all the paperwork and the supporting documents together,and also we thought we would have the fees but do not at the moment.

It says on form I-485


-WARNING:Travel outside of the us ,may trigger the 3-and 10 year-bars to admission under section 212(a)(9)(B)(i) of the act for adjustment applicants, but not registry applicants.
This ground of admissibility is triggered if you were unlawfully present in the us(i,e you remained in the us beyond the period of stay authorised by the attorney general) for more than 180 days before you applied for adjustment of status,and you travel outside of the us while your adjustment of status is pending.



does this mean that I have 180 days after my visa waiver expires to sort out the paperwork?


it also says on the same form that you are not eligible for adjustment of status

if your authorised stay expired before you filed the application..........
but then says

Unless you are applying because you are an immediate relative of a US citizen(I am the spouse so am a immediate relative)

so can i stay and sort the paperwork out after the 90 days expiry date...will i be deported? or do they let you stay 180 days over the expiry date


kingarthur

ScarlettHill

Your majesty

http://k1.exit.com/

This site has some helpful relevant information. I'm assuming the visa you speak of is a K1. If not this info might not be right for your case, I don't know. Basically what the site says is after your 90 days is up you are officially out of status but in practice they will still process your AOS and you're probably perfectly safe. There is a scary mention that the attorney general has the right to deport but from what I read that would be very unusual. The site is reassuring in saying that AOS will be accepted after your 90 days has expired but they advise doing it as soon as possible.

This is my understanding of what I read at the site. I don't know this stuff for sure. I'd advise you to check it out for yourself. And I'm sure someone will shout if anything in the above is misleading.

Congratulations on your marriage and best of luck.

Regards
-=-
Scarlett

kingarthur

thankyou scarlett for the info,but i did not enter the us on a k1 visa ,i entered on a visa waiver.and decided to marry my darling here because we could not bear to be apart

many thanks

kingarthur(still needing help)

p.s I am in Texas and does anyone have any phone number for the INS,so I can ask them about it

jimmyk

King,
nice to know more of us are in the lonestar state. I'm originally from Brum, now living in the hill country with my wife.
Anyway, you CAN go over your I-94 (visa waiver) by up to 180, but when you want to come back you'll have to get a paper visa from the Embassy before you fly and will no longer be eligible for a waiver. Anyway, e-mail me and i'll tell you what i can (unless your a united fan, just joking) and i'll tell you what i can.
peace
James
[email protected]

Mrs_blackross

the minute you file the I-130/I-485, your status changes from VW or tourist,
to pending AOS; which is a valid status. Therefore, if you file before your
VW expires, you remain in valid status, and even if your VW expires before
you file, you are back in valid status the minute you file everything.
If filed before you are 180 days after the VW expired, you may apply for
and use Advance Parole to go home for visits while you await your AOS. If
you wait until 180 days after the VW expires to file, then it is usually
advised that you do NOT leave (even if INS approves an Advance Parole, it
doesn't mean you cannot be banned on re-entry) until you have the I-551
stamp in your passport, else you trigger the bans.
immediate relatives of USC's are allowed to adjust status from VW regardless
if you overstayed or not. Just be sure you have filed before the 180 days
or be prepared to stay within the US then entire time you await your green
card.

"kingarthur" wrote in message
news:438558.1034194628@britishexpats-
.com...
    > Hi ..help needed
    > I married my darling on 20th sept in texas,my 90 day visa waiver expires
    > in 20 days on 29th oct,i have not filed any forms yet at the INS,and 20
    > days will not be enough to get all the paperwork and the supporting
    > documents together,and also we thought we would have the fees but do not
    > at the moment.
    > It says on form I-485
    > -WARNING:Travel outside of the us ,may trigger the 3-and 10 year-bars to
    > admission under section 212(a)(9)(B)(i) of the act for adjustment
    > applicants, but not registry applicants.
    > This ground of admissibility is triggered if you were unlawfully present
    > in the us(i,e you remained in the us beyond the period of stay
    > authorised by the attorney general) for more than 180 days before you
    > applied for adjustment of status,and you travel outside of the us while
    > your adjustment of status is pending.
    > does this mean that I have 180 days after my visa waiver expires to sort
    > out the paperwork?
    > it also says on the same form that you are not eligible for
    > adjustment of status
    > if your authorised stay expired before you filed the
    > application..........
    > but then says
    > Unless you are applying because you are an immediate relative of a US
    > citizen(I am the spouse so am a immediate relative)
    > so can i stay and sort the paperwork out after the 90 days expiry
    > date...will i be deported? or do they let you stay 180 days over the
    > expiry date
    > kingarthur
    > --
    > kingarthur
    > Posted via http://britishexpats.com