You can apply for AOS ; however be prepared to convince the imigration
officer that you didn't plan to get married when you entered in the US.
Typically, if you get married in the first 30 days, you're screwed ; if you
get married between the 30th and 60th day, you'll have to have a good way to
convince the officer ; if you get married between the 60th and 90th day you
should be fine - it's not a law, just something that is often used by
officers.
You can apply for EAD at the same time as AOS - if it takes them more than
90 days to give you an EAD, you can show up at the locla offce to get an
interim one ; therefore, you should expect to receive your EAD 90 days after
your application is received.
"shuttlex" wrote in message
news:34$338660$2999000$1132578534@britishexpats.com...
>
> Can a "married couple" (one of which is USC) enter the US under the
> visa waiver program, then decide to stay (say 6 weeks later) and
> apply for AOS?
>
> I found this in the instruction forms downloaded from the USCIS site:
>
> Instruction forms for AOS i-485, see page 2 - under the heading:
> "Who is Not eligible to Adjust Status", 2nd to last point
>
> It says: [not eligible if] - You were admitted to the US as a visitor
> under the Visa Waiver program unless [UNLESS!!] you are applying because
> you are an immediate relative of a US citizen (parent, spouse, widow,
> widower, or unmarried child under 21)
>
> Anyone ever tried to do this??? If so, when did you get you 1st/interim
> EAD from the time of your application?
> Cheers
>
> --
> Posted via http://britishexpats.com
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