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AOS although being on VWP (expires soon)?
Hey everybody!
I'm completely confused by all this immigration laws for the Marriage-Based Green Card.
My husband is in the US Army, we got married in November 2010. I entered the US in early October to visit him, a marriage was not planned at the time I entered the States with the Visa Waiver Program.
After we got married, we wanted to file the i-130, as well as the AOS form but we didn't have the money for it. I left the US in early January (no overstay on VWP!) due to family reasons and came back in the last week of January, again on the VWP which is still valid til April 25. Now we finally have the money to send all the forms but my concerns are, that it might be too late and that I have to leave the country in late April. My husband is currently at a pre-deployment training out of state, so I can't send my application forms since he can't sign them and I don't have copies of his documents. He will deploy with his unit in July to the Middle East and someone told me that, if we have his orders, we can expedite the process of me staying legally in this country. I know that the best and easiest way for staying legal would be to leave the US and apply for a spouse visa. But since he deploys soon, we want to spend as much time together as we possibly can.
So my question is: Is it still okay and early enough if we file all the forms when he is back from his pre-deployment training and will I still be legal in the US after we sent the forms but my VW expired on April 25?
I hope that someone can answer my questions, thank you very much in advance
I'm completely confused by all this immigration laws for the Marriage-Based Green Card.
My husband is in the US Army, we got married in November 2010. I entered the US in early October to visit him, a marriage was not planned at the time I entered the States with the Visa Waiver Program.
After we got married, we wanted to file the i-130, as well as the AOS form but we didn't have the money for it. I left the US in early January (no overstay on VWP!) due to family reasons and came back in the last week of January, again on the VWP which is still valid til April 25. Now we finally have the money to send all the forms but my concerns are, that it might be too late and that I have to leave the country in late April. My husband is currently at a pre-deployment training out of state, so I can't send my application forms since he can't sign them and I don't have copies of his documents. He will deploy with his unit in July to the Middle East and someone told me that, if we have his orders, we can expedite the process of me staying legally in this country. I know that the best and easiest way for staying legal would be to leave the US and apply for a spouse visa. But since he deploys soon, we want to spend as much time together as we possibly can.
So my question is: Is it still okay and early enough if we file all the forms when he is back from his pre-deployment training and will I still be legal in the US after we sent the forms but my VW expired on April 25?
I hope that someone can answer my questions, thank you very much in advance
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