QUESTION
What happens if we file I 485 after VWP expires?
Asked on Mar 17th, 2015 on Immigration - Texas
More details to this question:
We are in the process of filing I 485 and all other documents for my husband’s AOS. He is from the UK and I am a US citizen. We just got married two weeks ago. We are still waiting on our marriage license as well as his appointment for I 693. We won't have everything ready until late next week and his VWP expires this coming up Monday. Therefore we will be submitting about a week late. Is this going to cause any problems? We are also expecting a child and I cannot even imagine him having to go back.
3 ANSWERS
This is fine. Just make sure he does not travel internationally after the I-485 is filed. It should be fine.
Answered on Mar 20th, 2015 at 6:19 AM
Best wishes upon your marriage and upon the upcoming birth of your child! Generally, someone who enters the U.S. lawfully and with inspection, and then later becomes married to a U.S. citizen, may succeed in the adjustment of status application process regardless of whether the foreign national spouse may have overstayed a visa. It would be wise for you and your husband to engage an immigration attorney to learn all of the relevant information about your husband's immigration history, about your marriage and related issues in order to advise you about adjustment of status eligibility and in order to represent you and your husband in the adjustment of status application process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Mar 19th, 2015 at 10:40 AM
Bruce A. Coane
Generally, not a problem. Good luck with the baby.
Answered on Mar 19th, 2015 at 1:20 AM