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melandrob

Get the feeling we are in trouble

By melandrob in Adjustment of Status from Work, Student, & Tourist Visas

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
Get a Good Lawyer and you should be able to adjust status.

A customer of mine married a lady from a Eqauador who had overstayed her tourist visa by years and they were able to adjust status here in the US.

My ex-wife was here on a tourist visa which had expired for more than two years. I applied to adjust her status and it was fine. Our country just doesn't have the resourced to track down and try to deport people for overstaying visas. Good luck!

That's lovely.. issue is the VWP is VERY different to a tourist visa. VWP actually agree to NO APPEAL if they are denied. There's also something in the rules that makes it technically illegal to apply for AOS after the I-94 is expired after entering on the VWP.

Sucks but there it is. Only SOME states seem to apply this rule and it gets risky to apply now after the VWP is expired.

My personal advice is TRY because if you're approved, great. If you're not then you're deported with a 10 year ban, same ban applies if you leave now without applying. You don't lose anything by trying.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted
just one point not sure it was made but take into account u need to be making 1.5 times the poverty line if u dont u will need a sponsor

Actually it's 125% of the Poverty Level for your household size and the Spouse is ALWAYS the Sponsor, they would need a Co-Sponsor if she doesn't earn enough.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

 
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