leaving after 90 days?!

[MonaTurner 0]

well like i said i got married in germay, to an us soldier who was stationed there, iam a german citizen and came to florida (with my husband) when he got medically discharged from the army! i got here with an esta form and my passport. it said i have to leave after 90 days, isnt there anything to do so i can stay here! i got all paperwork ready for the visa process but we dont have the money for starting it just yet! cant i just go to canada for 24 hours and then come back and stay again 3 month?

I really need help as soon as possible cause i got to florida on the 1st of jan. means i will have to leave soon! thank u for ur help!!!!!

[Harsh_77 718]

No unfortunately you cannot just keep on using your VWP, you will have to file for the visa. They track you based on your passport when you left and when you entered the country.

Traveling to CA or Mexico will not reset your VWP clock.

[USArmyWifey 2]

I spent hours trying to find a loophole in the VWP so i could stay more than 90 days with my husband in the states but from everything i have seen there isnt any way they will let you stay in the US & from what ive read a quick trip to Mexico or Canada isnt going to fool them into letting you back in the country and start your 90 days again.

Also trying to get into the US too much on the VWP will cause them to start questioning your entry as it is a short term tourist visa rather than a long term thing and they may start suspecting you are working illegaly or something like that if you try and get in the country for such long periods of time so often and ovbiously if you are going to apply for a visa soon you dont want anything bad coming up against you!

There may be something you can do that i havent come across yet but from what i can see there is not a way around it unless you return to your home country and then fly back to the states again as it is valid for 2 years of travel, however if this is an option you choose to do be prepaired for them to question your visit when you get to the POE if you plan to come home for a week and then fly back to the states! (it doesnt say you cant do this however..)

Also, make sure you dont overstay, if you overstay for a day they apparently treat it no different to if you overstay for 6 months, so as tempting as it is make sure to keep everything legit as i think overstaing can cause you a ban for a certian time period.. I may be incorrect on my facts there however maybe someone else knows a little more than i do.

I was in exactly the same boat as you since my husband is in the army and currently can not leave his post due to the mission he is on, so i do hope that you guys get something worked out

[Deputy Purple 1,294]

You do have the choice of overstaying but you will be out of status.

When you file to adjust status to LPR the overstay won't impact your approval.

The downside is that you won't be able to do a lot of things until you do file to Adjust Status.

[MonaTurner 0]

but this would be funny, having money on going back to germany would almost pay my visa hahaha thank u so much guys! well i hope that my husband will be able to get a job soon so we can just get a loan for the visa cause i know as soon as i put in for the visa, i dont have to leave the states until they approved or denied me! I dont work, i cant work, and i will not work, well i hope i dont have to leave my husband here all alone. WE just to the house and our house all goods came in past monday! everything is settled and hes so happy here! i should of started my visa in germany, (i didnt cause i wanted to see how i like it here if i wanna stay here and if everything will work out for us) could really bite myself in the behind right now! lol, well is there any page i can go look up to find out some more info? thanks again to all of u!!!!!

Edited February 15, 2012 by MonaTurner

[Darnell 8,478]

cause i know as soon as i put in for the visa, i dont have to leave the states until they approved or denied me!

You are confused. Sorry. If someone has told you this, they were massively confused.

You have confused 'Adjustment of Status' process with 'Getting a Visa' process.

Both have a GreenCard at the end of each process.

In a kindler, gentler world - yer husband would have filed the I-130 prior to leaving Germany, prior to getting out of the Army.

Again, sorry.

well is there any page i can go look up to find out some more info? thanks again to all of u!!!!!

Yes - look up, find the word, "Guides" and click it.

Good Luck !