Overstay on visa waiver

[boobby 0]

I am British and have always come to the united state yearly. I met the woman of my dream about 2 years ago on one of my visits. I came over on a visa waiver program and overstayed before we got married. We are currently happily married. We are considering changing my status but I don’t know how to go about doing this.

[antone 0]

First advice - consult an AILA attorney. What you propose is legal as you described it, and can be done, but you should really seek professional assistance.

The overstay may not be an issue, but I wouldn't like to offer definitive advice here.

[Himaya Ko 0]

Just go march in the streets!

Sorry, I couldn't resist that. The last post seems to be the way to go. Good Luck!

[boobby 0]

Just go march in the streets!

Sorry, I couldn't resist that. The last post seems to be the way to go. Good Luck!

you didn't have to say that and you know it too.

Thanks anyway

[TracyTN 237]

Read the Guides section of this website about Adjustment of Status.

[aussiewench 9]

Have a read of this thread. It will give you all the information you are after.

http://www.visajourney.com/forums2/index.php?showtopic=62644&hl=

Edited May 8, 2006 by aussiewench

[mrswooten4ever 0]

good luck

Adele

[camaleon 0]

U can do it, the only thing is they gonna bother u a little bit more than usual.

Your status as u said is OVERSTAY,u should submit these forms:

1.- i-130 Relative.

2.- i-i485 Adjust of Status.

3.- i-765 Work Permit.

4.- i-695 Medical.

5.- i-864 Affidavit.

6.- g325 one for u and one for her.

c u later.

[zyggy 9]

U can do it, the only thing is they gonna bother u a little bit more than usual.

Your status as u said is OVERSTAY,u should submit these forms:

1.- i-130 Relative.

2.- i-i485 Adjust of Status.

3.- i-765 Work Permit.

4.- i-695 Medical.

5.- i-864 Affidavit.

6.- g325 one for u and one for her.

c u later.

There is only one suggestion that should be made... Talk to a AILA attorney. You don't need to hevae them do the paperwork, but the initial consultation is well worth the few hundred dollars that it will cost.

[Boiler 45,735]

http://www.visajourney.com/forums/index.ph...page=i130guide2

All on the FAQ.

Most people here diy, not that difficult if you are OK with paperwork, a bit of a pain but all possible.

If you are out of status for more than 180 days do not travel until you have your GC.

[gugu24 0]

well if you are overstay then it doesnt matter you are from germany, england or australia. its a terrible violation. its my personal experince. i was not the one to do but a guy flying with me was from germany. he has applied for AOS. but when he came back to usa he was stopped on the airport blaming he overstayed in his prvious visit went in lock up and sent back to gemrany.

well its a big violation. you would have to go through a lengthy process. your application would be probably denied and you amy need to go the court. After 9/11 things are pretty rough.

[Milka 0]

I wish you the best for your future together.

[aussiewench 9]

well if you are overstay then it doesnt matter you are from germany, england or australia. its a terrible violation. its my personal experince. i was not the one to do but a guy flying with me was from germany. he has applied for AOS. but when he came back to usa he was stopped on the airport blaming he overstayed in his prvious visit went in lock up and sent back to gemrany.

well its a big violation. you would have to go through a lengthy process. your application would be probably denied and you amy need to go the court. After 9/11 things are pretty rough.

However as Boiler stated this can be avoided if one does not leave the US.

From http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Ineligible

You may be ineligible for adjustment to permanent resident status if:

You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

To the OP. To be clear on your options, seek a consultation with an immigrant attorney.