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AOS - on the VWP

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  • AOS - on the VWP

    Just wondering if anyone has experienced or has advice on my situation.
    I entered the states in October on a VWP with the intention of visiting my boyfriend, doing a road trip and then returning back to Canada where I was living a month after.
    When the time come to return we both didn't want to be separated so I decided to stay, my visa is valid until Jan 15th.
    We are now discussing eloping and applying for the I-130 and I-485 rather than me leaving and waiting to come back on a fiance visa as we don't want to do the distance apart and we both know we want to get married.
    Can I overstay my visa if the I- 130 and I-485 are pending and what have people used as evidence in the interview as we don't have lease agreements and bank accounts in our names together. Any advice would be appreciated.
    Thanks

  • #2
    You can be petitioned and Adjusted after marriage while you are on the Visa Waiver or visitor visa option.

    Evidence needed during the interview would include proof of living together, commingling of financial affairs, photos together, etc.

    --Ray B

    Originally posted by kaylahills1 View Post
    Just wondering if anyone has experienced or has advice on my situation.
    I entered the states in October on a VWP with the intention of visiting my boyfriend, doing a road trip and then returning back to Canada where I was living a month after.
    When the time come to return we both didn't want to be separated so I decided to stay, my visa is valid until Jan 15th.
    We are now discussing eloping and applying for the I-130 and I-485 rather than me leaving and waiting to come back on a fiance visa as we don't want to do the distance apart and we both know we want to get married.
    Can I overstay my visa if the I- 130 and I-485 are pending and what have people used as evidence in the interview as we don't have lease agreements and bank accounts in our names together. Any advice would be appreciated.
    Thanks

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