I-94W and change of status

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peterbainham

Registered Users (C)
I arrived in the States on a I-94W in August 2005 and got married to a US citizen on 18th October 2005. I want to change my status to lawful permanent resident but my I-94W ran out on October 31 2005. I've heard that I can't change my status since I came on the visa waiver program. Is this true? If so what can I do?
 
In theory, you can adjust your status on I94W if you married to US citizen, but CIS may give you headache.
If you scrolled down, you can find the same topic a few days ago.
 
Oh yes, just noticed it.
Thanks for the reply but can anyone give me a realistic timescale? Some people were saying 12 months max, others were saying years but my attorney says it'll be about 3 months.
I've also been told that I shouldn't leave the country until this is resolved. Is there no way I can leave without jepordising my application?
Finally, I've done the I-765 application for employment authorisation. How long does this normally take?
Thanks for all your help.
 
peterbainham said:
Oh yes, just noticed it.
Thanks for the reply but can anyone give me a realistic timescale? Some people were saying 12 months max, others were saying years but my attorney says it'll be about 3 months.
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It varies for each individuals. May be 6 months, may be 12 months, or more.
I've also been told that I shouldn't leave the country until this is resolved. Is there no way I can leave without jepordising my application?
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Not true unless you overstayed your I94 more than 180 days. Since you did not overstay, you can travel in and out. But you have to have travel document(I-131) to enter the US when AOS is pending.
Finally, I've done the I-765 application for employment authorisation. How long does this normally take?
.
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Usually, 2 - 3 months.
 
Thanks a lot for the reply, it's really appreciated.
Just one final question: you say that I haven't overstayed by 180 days but my I-94W expired on 31 October 2005. Did my marriage on the 18th October 2005 mean that I'm not currently overstaying?
 
Sorry i missed Oct 18 expiration of I94W.
Pending I485 gives you authorized stay. If you filed I485, you are considered legal in the US, but if you did not file I485 after your marriage, you started accruing overstay on Oct 18.
So, question is did you already file I485 ?(I guess you did as you have done EAD application)
 
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Not yet. I'm getting all the papers together and should file by the end of the week. Actually the I-94W expired on 31st October not 18th. By my calculations I've overstayed by 169 days so far.
Would filing the I-485 mean that I stop accruing overstay?
 
My bad. Overstay started on Oct 31, not Oct 18.
peterbainham said:
Would filing the I-485 mean that I stop accruing overstay?
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Correct.
 
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> By my calculations I've overstayed by 169 days so far.

Don't bank on USCIS logging your application in before the 180 days are up. Often, there are 2-3 week delays between applications reaching their facility and the 'notice date' which is the official date of filing. So, you are probably better off to stay the 3 months to 3 years it will take until your temporary permanent residency card is issued. Only after you have the card you can be sure that you can re-enter after a stay abroad.
 
Just got my I-797C through yesterday. It says the received date was April 26 2006 which would be 177 days after my I-94W expired. The notice date is May 5 2006 though. Which one is the official date that I stopped accruning overstay.

Also, how long does it normally take till I have the biometrics appointment and the interview?
 
Hi,
I am about to be in the same situation than you (except for the overstay) as I will need to adjust my status (VWP) to stay with my american husband. I am aware of the administrative process and would like people who went thru the same situation to share their experiences especially since I have been reading that USCIS may give a hard time!
Thanks a lot!
 
jeez.. how you guys ever dared to overstay the I-94 ? :eek:

i would never ever do that! that could have led to further problems and even could compromise your whole process for a legal application....

But more important, that is really bad for the Visa Wavier Program overstays statistics that belongs the country you are citizens of.

Just imagine if all the other people, citizens of the same country on VWP you are from would do the same things. :(

A few years ago, URUGUAY got removed from the Visa Wavier Program due to the excessive number of people overstaying the I-94.
 
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Krillin said:
But more important, that is really bad for the Visa Wavier Program overstays statistics that belongs the country you are citizens of.

Just imagine if all the other people, citizens of the same country on VWP you are from would do the same things. :(

A few years ago, URUGUAY got removed from the Visa Wavier Program due to the excessive number of people overstaying the I-94.
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I agree. Those overstaying think that overstay is their own business, and don't realize they are potentially the bad cause to their fellow citizens.
 
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