Overstaying, marriage, what are our options?

[throwie 0]

I don't know where to start, since this is all very complicated. Please move if needed.

I came to the US from Tijuana on a B2 tourist visa, and a LASER Visa, in June of 2005, when I was 15, along with the rest of my family. My parents decided to stay, and I entered high school, graduating from it in 2008. Obviously, my B2 expired. I'm currently in college, where I have great grades.

In 2007 I met my current boyfriend. He is a US Citizen and we have been dating since. We're both sure that we want to marry, and he is well aware of my situation. I have thought about going back to Tijuana and attempt to fix my status legally, but I'm afraid that my college and high school years will hinder the process. Besides, I don't want to leave my beloved boyfriend behind.

Since my Laser Visa hasn't expired yet, I can probably go back to Tijuana and re-apply for a B2 with no problems, but I don't like the idea of lying to the government about my intentions for the new B2.

Are there any options for us?

[Bobby+Umit 161]

If you leave, you will probably not get another visa, since you definitely overstayed your previous "visit". (laser is just a fancy B1/B2 visa - the expiration is not how long you can stay in the US)

What date was on your original I-94? that is the date they will start the clock. I think if you left the US, you would trigger some sort of ban.

If you really want to get married, you should do so and AOS while staying in the US. You will have to prove a bonafide relationship. You can do that legally.

Go with you gut instinct, if you intend on getting the B2 to come back to the US to marry, and your found out, you will be banned.

A lawyer may help you decide.

[throwie 0]

If you leave, you will probably not get another visa, since you definitely overstayed your previous "visit". (laser is just a fancy B1/B2 visa - the expiration is not how long you can stay in the US)

What date was on your original I-94? that is the date they will start the clock. I think if you left the US, you would trigger some sort of ban.

If you really want to get married, you should do so and AOS while staying in the US. You will have to prove a bonafide relationship. You can do that legally.

Go with you gut instinct, if you intend on getting the B2 to come back to the US to marry, and your found out, you will be banned.

A lawyer may help you decide.

Well, my parents went once back to Mexico after their B2 expired so they could renew it. I didn't go because I was afraid that my presence in the college would be found out. They were successfully able to get another B2. That's why I think I could be able to get another.

The date was November 25 of the same year (2005) and it's (was?) a multiple entry visa.

[throwie 0]

Sorry for the double post, but I couldn't figure out how to edit my topic.

I just wanted to add that I didn't use any fake SSNs for the high school and college, and I do have a job, but it's paid in cash. I also have an ITIN and my parents filed taxes for me until I turned 19. I haven't used any fake anythings.

[Old Dominion 26]

That about sums it up! But once you marry you are still an illegal alien. After filing for the green card, you will not be at risk until the GC is granted. The USCIS tends to overlook situations like yours where you overstayed a visitor visa, if the marriage is indeed bona fide and thought-through. It seems you have already established a bona fide relationship.

The alternative is to marry, return to Mexico, and go through the long spousal visa process. There is no guarantee that your illegal stay won't be used against you by the Embassy.

Your parents did not overstay, so they got another B2. You overstayed.

[throwie 0]

Thanks for your help.

How would I go about adjusting the status once I marry here? I've looked and looked around the wiki and the forums and I can't find anything.

[Kathryn41 3,205]

If you marry in the States, you would file an I-485 application and your husband would file an I-130 petition at the same time. You also need to include an Affidavit of Support from your husband. You might want to read up on the pinned information at the top of the Adjustment of Status forums. The information you need to know is there. http://www.visajourney.com/forums/index.php?showtopic=307

If you marry while you are in the US and had no intentions of getting married when you arrived, then you are legally allowed to adjust your status from non-immigrant to immigrant. If you leave the US and then re-enter as a visitor with the intent to marry that would be considered visa fraud and you definitely don't want to go there! Regardless, since you have been in the US since 2005 you have definitely overstayed your visa and have incurred some sort of ban, most likely a 10 year ban given the time involved. You don't want to leave the US if you can avoid that. Visitor visas generally do not go for several years.

Your best legal bet is to get married and file for adjustment of status now - and don't leave the US until you get your green card. It would be pointless to file for an I-131 (Advance Parole) which is permission to return to the US if you leave it as it is only valid if you don't have some sort of overstay or immigration 'black mark'.

Good luck.

Edited March 24, 2009 by Kathryn41

[throwie 0]

If you marry in the States, you would file an I-485 application and your husband would file an I-130 petition at the same time. You also need to include an Affidavit of Support from your husband. You might want to read up on the pinned information at the top of the Adjustment of Status forums. The information you need to know is there. http://www.visajourney.com/forums/index.php?showtopic=307

If you marry while you are in the US and had no intentions of getting married when you arrived, then you are legally allowed to adjust your status from non-immigrant to immigrant. If you leave the US and then re-enter as a visitor with the intent to marry that would be considered visa fraud and you definitely don't want to go there! Regardless, since you have been in the US since 2005 you have definitely overstayed your visa and have incurred some sort of ban, most likely a 10 year ban given the time involved. You don't want to leave the US if you can avoid that. Visitor visas generally do not go for several years.

Your best legal bet is to get married and file for adjustment of status now - and don't leave the US until you get your green card. It would be pointless to file for an I-131 (Advance Parole) which is permission to return to the US if you leave it as it is only valid if you don't have some sort of overstay or immigration 'black mark'.

Good luck.

Thank you very much! This gives me lots of hope. My boyfriend and I are relieved.

Thank you all for your advice.

[soniew910 0]

it's not that easy.

you still have to prove a bona fide marriage, otherwise uscis will suspect that the marriage is to get around immigration laws. be sure to

save receipts, photos, prior to and after the marriage. good luck.

[jellofish 0]

I spoke to someone who was in a similar situation like yours two weeks ago. They filed AOS and got approved. His wife came here on a student visa and overstayed for 5 years. She worked, paid tax and has an ITIN. They went in the interview with a lot of evidence to substantiate their bona fide marriage and without an attorney, they got approved. They were honest to tell the IOs she worked. You can only make the best of your situation right now - do not leave the country (why risk getting denied for a visa to come back?), file AOS and get prepared for questions about your overstay. Good luck.

Edited March 25, 2009 by jellofish

[jade_arb 3]

I was in your same situation, I overstayed my B1/B2 for almost 6 years, we hired a lawyer because we did not know anything about how to fill up the forms and documents we needed, we didn't even know if I was eligible to adjust status or not. As you have been told you best option is to get married and adjust here. Our lawyer told us that as long as the marriage was bona fide and I had a proof of entering the US legally( I summited a copy of the page of passport with the stamp of my last entry) and proof that I did not enter the country with the solely intention of get married, there is not reason to be denied. I would highly suggest you that you do not fill the forms by yourselves since it is so easy to get confuse, if you have the means hire a lawyer or go to Catholic Charities to get help, that will avoid you getting RFE in the future and it will make the whole process a lot easier.

At the interview the officer did not ask me why I did overstayed or even if I had worked.

Good Luck