Applying late for AOS from visa waiver - problem or not?

[katariina 0]

Hey,I hope someone could help me...

I am finnish girl who is married to US c.

We met 2007 I fly here to Alaska 3 times in that year.

Novemer 2007 I arrived again,attention to be 8 weeks,but that time I got pregnant..

We really didin't know what to do..

... and we "found out" if we got married,we could get my status alright..

Well our family said "just get married.." We were so stupid to not know any better..

We got married one month AFTER my visa waiver expired..

Then we were thinking about getting my AOS right,but that time we were pretty low on money and we saw this in one site:

"

Marriage Green Card

If both the U.S. Citizen and Foreign National Spouse are in the U.S., the U.S. Citizen may apply for the Foreign National Spouse’s Permanent Residence through Adjustment of Status with the USCIS.

Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver. It is OK if the visa or I-94 has expired."

So we figured,we don't have to worrie and be in too much of a hurry...

How stupid!!

So now,I have heard there is some big problems with visa waiver expired and getting married..

It's been 2 years now..

Is there anything I can do..

Can they just sent me back to Finland even I have a baby here,who is American citizen?

[trillium13 84]

You are out of status and technically deportable. Being married to a USC or having a USC child makes no difference. It's unlikely anyone is looking for you but you don't want to take the chance, do you? Get your AOS paperwork in ASAP.

Start by reading here:

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

[EmVee 4]

Don't leave the country, don't remain illegal, get a lawyer. The sooner you file paperwork the better. They CAN send you back if they decide to, baby or no baby. Having an American child doesn't guarantee you citizenship or residency. But that doesn't mean they WILL send you back. Either way you can't just carry on living here without doing anything or you're making it worse for yourself, so make an appointment to see an immigration lawyer and get all the paperwork started.

And good luck!

[sachinky 465]

File for AOS immediately. Your overstay will be forgiven. In the meantime, you're out of status.

[Laura & Kyle 16]

Probably should correct this... Your overstay should be forgiven based on the information you provided (we of course don't know your entire situation). Follow Trillium13's advice.

[besaangel 18]

Do go ahead and file AOS- of course, do as much research on your situationn as possible- ALL THE BEST

[katariina 0]

Thanks for your answers.

We are gonna hire a lawer next week..If we get his tax returns by then.

Yes,I really don't wanna be illegal by any means..Hell no

I wanna be able to go to work soon.

2.5 years doing nothing is kinda boring..

We were supposed to do my papers 2 years ago.(time flyes...)

Having a baby really suck all our money,and we thought as long as I don't leave the country we can do them later. Money was a big issue. Since we knew we would need a lawer. We didn't understand anything about those papers. Just end up fighting..

But we talked about this,and if they really wanna send me home,then we start life in Finland. Not bad at all..

[nats6624 0]

Thanks for your answers.

We are gonna hire a lawer next week..If we get his tax returns by then.

Yes,I really don't wanna be illegal by any means..Hell no

I wanna be able to go to work soon.

2.5 years doing nothing is kinda boring..

We were supposed to do my papers 2 years ago.(time flyes...)

Having a baby really suck all our money,and we thought as long as I don't leave the country we can do them later. Money was a big issue. Since we knew we would need a lawer. We didn't understand anything about those papers. Just end up fighting..

But we talked about this,and if they really wanna send me home,then we start life in Finland. Not bad at all..

I got married in 2008 and have been here since 2006 and i filed last month and so far so good. I didn't need a lawyer to file my papers, if your already having trouble affording the AOS papers then i wouldn't get a lawyer. I would use the guides on here and ask questions if you need help. It would save you a lot in the end. Good Luck!!! i so know how you feel about 2 years and have had nothing to do. I am so ready to be over this nothing to do life lol.

[trillium13 84]

If it makes you feel any better, my husband had significant overstay (we weren't married during it, but not sure that it matters) and we had no problems at all. Not to say that it's always easy, but in many (I can't say all) cases overstay is not an issue. Good luck and keep us posted!

[katariina 0]

Thanks.oh it helped me a lot..

Our family (my husbands mom and dad) really don't know all about this,they think as long as you are married you are fine..

We are supposed to fly lower 48 to great grammas 85th b-day party on next month...

I am a little bit afraid of the flying part..But I guess it will go alright.

There isin't no answer to our family..Family in lower 48 haven't seen me or our baby..Pressure is huge to go there.

[Bobby+Umit 161]

Only bad thing that could happen is that they deny your AOS, and force your return home to get another visa (CR-1 most likely). (on a VWP, you have no option to contest the denial).

Then you would be subject to a ban upon re-entry - due to the overstay of 180+ days. (in your case, >1 year = 10 year ban), this would be caught at the embassy level, and you would have to apply for a waiver.

I would suggest you retain legal representation to try to avoid any issues.

[Brother Hesekiel 2,236]

If you don't have any money, do not hire a lawyer. You do not need a lawyer. Adjusting status in your position is very easy. Thousands of people do it every month. I understand that your English is not as good at this time, but I hope your husband's English is better. Read the guides on this Web site, and ask question, all the questions you have, as people here will help you. Save the $1,000 for a lawyer, as the AOS will cost you $1,010 anyway.

[trillium13 84]

We didn't actually hire a lawyer for our case either. My husband had met with a lawyer just once to see what his options were so we knew where to start from and what to expect. Other than the overstay, our case was pretty straightforward so we did it all ourselves. Even though we didn't have a lawyer, I can't say we did it on our own-we got a lot of advice from different immigration boards, and did a LOT of research on our own.

You have to educate yourself, that's really important.