I'd err on the side of caution, go home and apply for a spousal visa. It'll suck to wait, but better to wait awhile and then get there, rather than be denied and barred from entering the US - or having to wait a much longer time.
Is it true that if I apply for adjustment of status while my VWP has not run out it gets put on hold?
Let's say they receive my application on day 80 and change my status to pending. This means if they were to deny my GC after the interview my status would go back to VWP and i'd still have 10 days in the country?
What I'm trying to say ask is whether it's considered "overstaying" after they've changed your status to pending on day 80!? It's all in regards of the ban obviously.
I'm sorry - I said something terribly confusing. When I wrote "especially the job part" I was trying to say that if you still had a job you were intending to return to, then you should seriously consider filing to adjust status.
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Here is the post by an immigration lawyer that I presume everyone was talking about.
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thank you so much for your replies.
Is it true that if I apply for adjustment of status while my VWP has not run out it gets put on hold?
Let's say they receive my application on day 80 and change my status to pending. This means if they were to deny my GC after the interview my status would go back to VWP and i'd still have 10 days in the country?
What I'm trying to say ask is whether it's considered "overstaying" after they've changed your status to pending on day 80!? It's all in regards of the ban obviously.
Thanks
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