AOS through marriage to US Citizen- Advice needed!!

[dubleon]

Hi,

I entered the US a month and a bit ago from the UK legally on a visa waiver program to help my girlfriend with her exams. I originally planned to go back to the UK afterwards.

We have now decided to get married and send in the I-130 and I-485 forms. We have been dating for years, have lived together before and the marriage is 100% real. She is a US Citizen.

I would like to confirm that:

- I am able to stay past the date marked in my passport, but this overstay will only be forgiven once a green card is issued. Therefore, I will have to stay in the US until I get one and cannot work. If I leave and try to come back during I will be banned from the US for 3 years minimum.

- The green card you get initially lasts for only 2 years and is void if you get a divorce before this time. After 2 years it will last forever

- Can I fly/ travel throughout the USA during this time i'm waiting in the USA to get the green card?

- When I go and see the immigration officer for the interview wont he/she arrest me because I've overstayed?

- Should I be paranoid during this time about being picked up?

- Do the customs people have to receive the forms before the stamped passport date for it to be forgiven once the green card is issued? Or does it just have to be dated or postmarked before the stamped passport date?

- If I go home while the I-130 and I-485 forms are processed and before my passport stamped date, can I not enter/exit on a VWP?

- If I talk to a lawyer, do I need them to write down all of this as advice to protect myself?

- Do immigrations officers get angry when people do this?

- Is there anything else I should know?

Thanks!

[AleCerr]

Response

I would like to confirm that:

- I am able to stay past the date marked in my passport, but this overstay will only be forgiven once a green card is issued. Therefore, I will have to stay in the US until I get one and cannot work. If I leave and try to come back during I will be banned from the US for 3 years minimum.

YES!!!! if you leave the country after your I-90 expired you will not be able to come back for 3 years. So i suggest you stay. If you're spouse is going to apply to grant you residency it is OKAY if you're out of status. As long as you stay within the US you will be fine.

- The green card you get initially lasts for only 2 years and is void if you get a divorce before this time. After 2 years it will last forever

Yes because you are submitting the papers within the first two years of your marriage, USCIS gives you a temporary residency that lasts two years. It will get void if you divorce. But right before the second year of your papers been approved, you have to submit a change of status to permanent resident. This wont last forever given that within 3 years you can apply for citizenship.

- Can I fly/ travel throughout the USA during this time i'm waiting in the USA to get the green card?

YES YOU CAN! dont even worry about this, you can fly anywhere within the country as long as you have your unexpired passport.

- When I go and see the immigration officer for the interview wont he/she arrest me because I've overstayed?
SHE WILL NOT ARREST YOU! where did you hear this? listen once you submit the I-130, I-485 this means that you are in the process of changing your stutus, you're probably going to be by that time without a legal status but immigration will not arrest you because you went to the interview. The only way that they can arrest you is if the find out the marriage was a fraud.

- Should I be paranoid during this time about being picked up?

NOPE! in which state are you?

- Do the customs people have to receive the forms before the stamped passport date for it to be forgiven once the green card is issued? Or does it just have to be dated or postmarked before the stamped passport date?

IT doesnt matter. It will be good if you do it before you're I-90 expires but even if you submitted after you lost legal status it wont really make a difference with USCIS. Given that once you submit your papers you're already in the process of changing your status.

- If I go home while the I-130 and I-485 forms are processed and before my passport stamped date, can I not enter/exit on a VWP?

DONT DO IT! you should submit with you I-130 and I-485 an advanced parole I-131 this will grant you the ability to travel outside the country. But i suggest you do not go outside of this country while your papers are been processed.

- If I talk to a lawyer, do I need them to write down all of this as advice to protect myself?

NOPE.

- Do immigrations officers get angry when people do this?

NOPE

- Is there anything else I should know?

Do not worry. It is not as harsh or as bad as it sounds. Immigration can work beautifully as long as you do everything right. I suggest you should see an immigration lawyer so that they can take you step by step. Clearly you have some fears. You MUST submit the I-130 with the I-485 as well as the I-765 to get work authorization and the I-131 if you want advanced parole to travel. If your marriage is real and not **** then you will do excellent. It will take less than 5 months for all your papers to be processed.

[dubleon]

Hi, firstly THANK YOU SO MUCH for helping out, I really appreciate it. A few more questions if you don't mind :

- What is an I-90? I came on the UK visa waiver program, they stamped my passport and wrote a date on it (October 10th) , 90 days from my arrival. Is an I-90 to do with a tourist visa?

- If I stay in the USA and don't leave while my status is being changed do I only need to file I-130 and I-485 forms (and no other forms) before my interview?

- Do I also need to file these forms before October 10th? Or can I do it afterwards? I don't have my marriage certificate yet, do I at least need this before October 10th?

- Does my wife come to the interview too?

- Do I need to schedule a medical exam before my interview?

- While I'm waiting for the adjustment/interview can I look for work and set something up?

- Do I get a US passport when I get temporary residency? I presume a social security number too?

I plan to stay in the US and not travel outside the US during processing. I will have a valid UK passport. I'd like an lawyer but I don't have the money right now