what happens if i become illegal?

[RobynSway2709 0]

If i entered the US legally and married a US citizen but then become illegal, what happens? Are there places in the country that we can still apply to become a resident after 3 years or marriage? I understand its a risk but I just want to know incase.

[mawilson 2,133]

If i entered the US legally and married a US citizen but then become illegal, what happens? Are there places in the country that we can still apply to become a resident after 3 years or marriage? I understand its a risk but I just want to know incase.

Did you file Form I-485, Application to Register Permanent Residence or Adjust Status?

If not, you should do so as soon as possible, to avoid deportation if your legal status is ever questioned.

[RobynSway2709 0]

No my VW ends on the 23rd and we have no time. I have no money for a plane ticket because of thanksgiving, and just want to know what could happen. I read somewere that after being married 3 years you can apply to become a resident?? are there ways you can leave the US without being banned? Its not something i want to do i just need to know. Thanks

[ValerieA 350]

I think a bit more clarification is in order - how does your VW end on the 23rd, yet you came here and got married 3 years ago? Did you travel back and forth in the meantime, because that is not really how your original post is worded. In the climate today, it is quite risky to try to AOS if you have overstayed on the VWP.

[RobynSway2709 0]

no i didnt get married 3 years ago, i read that if you are married to a us citizen you can thenn apply to become a resident legally after 3 years.

[Harpa Timsah 13,258]

Well, since you entered on the VW program, you are in trouble. If you had applied to adjust status before your stay was up, then you could adjust to become a Legal Permanent Resident, but since it looks like you won't get in your application in time, the US government will consider you immediately deportable because you entered on VWP. They might not catch your overstay, but there is a good chance you won't be able to adjust to LPR with your overstay... this is a unique situation to people who entered on VWP. It used to not matter (except the risk of deportation in the interim) but now many local offices are denying VWP people who overstayed and are trying to adjust.

There is no 3-year rule to become a resident... that's to become a citizen, but you need to be a LPR for 3 years first. You can apply for that the day you marry. If you leave before you overstay for 180 days, you will incur no ban except you will not be able to use the VWP anymore. If it is more than 180 days, then you start the bans and would require waivers to return.

Ahh yes, we discussed the options here

http://www.visajourney.com/forums/topic/282218-aos-scared/page__p__4283145#entry4283145

Edited November 18, 2010 by Harpa Timsah

[RobynSway2709 0]

180 days? i thought the VW was only 90 days? how can i leave if im illegal?

[Harpa Timsah 13,258]

I said if you OVERSTAY 180 days. Meaning, beyond the 90 days of your VWP.

How can you leave if you are illegal? You just leave.

[RobynSway2709 0]

but im only overstaying 90 days, where does the 180days come in?

[ValerieA 350]

Your original stay, that ends on the 23rd, was for 90 days. If you stay for 180 days AFTER that, you start to incur bans.

[RobynSway2709 0]

so if i file AOS befor the 180days is that possible. if i leave before 180days after the 23rd i will not be banned and have no problem?

[Harpa Timsah 13,258]

Issue 1. AOS is to adjust status while in the US. We already discussed the risks with doing that from a VWP overstayer in your other thread.

Separate issue:

Issue 2. You asked about what happens if you overstay. I said you won't start to incur bans until you overstay for 180 days. That does NOT mean you can suddenly AOS. That "window" has past. It's gone. You don't leave and AOS... You leave and file CR-1. If you did not overstay at all you could file CR-1 and come to visit while you wait for it. If you play this overstaying game though, you can no longer use VWP (if you overstay one day beyond your authorized stay you can no longer use VW) and will have to wait abroad while the CR-1 processes.

[Kathryn41 3,205]

Topic moved from Off-Topic as it is an immigration related question. I've moved it temporarily to General Immigration discussion as the OP is still debating between filing for AOS from an expired VWP status or pursuing a CR-1 visa. Topic may be moved again later to the appropriate forum for whichever option the OP decides to take.

[RobynSway2709 0]

Thanks, if you leave before the 180days you then can file CR1. Do you leave without being deported (if before the 180 days)

[Deputy Purple 1,294]

Thanks, if you leave before the 180days you then can file CR1. Do you leave without being deported (if before the 180 days)

Yes, if you are deported then you will incur a ban even if you are deported within the 180 days.