VWP overstay between 180 and 365 days - options? CR1

[wshc 46]

Some good advice in this thread that I can also apply to my case. Thanks all..

You will have a very hard time dealing with the US immigration process and are looking at a few years of extreme frustration and non-belief if you decide to go for it. If you decide to pursue the option of trying to stay in the US, drop all common sense that you may have and learn to think like a government robot. Remember the entrepreneurial spirit is not shared by USCIS.

Edited November 27, 2010 by wshc

[edgini 0]

Hi edgini!

I have very limited knowledge on this subject but I thought id offer my two cents!

You obviously have overstayed, and you are aware of the ramifications this is going to have for you. You shouldnt have done this, and would be finding it a lot easier if you hadnt, but thats not for anyone on this site to judge!

The idea is that people can come here to find impartial advice on how best to proceed, not to be judges on the choices, bad or good, that they have made. i wish i could help you more, but im a newbie!

All i will say, is that I considered AOS (went to USA on VWP and decided to get married after three years with my now-hubby) I hadnt overstayed, but i felt that the risks were too high to risk a ban. Particularly as he is unable to upheave is life and move to England!#

However, IF i had your situation I think i would probably try AOS. It seems to me that if you leave, the three year ban is a definite. The AOS is a maybe. Try and it and see! If youve got the money to burn and are willing to gamble, then why not.

This is of course dependant on the fact that you are actually in love with your girlfriend and do want to be with her forever!

Alternatively, the investment idea sounds like it would probably be the best one, but i have NO IDEA where to start on this one!

Good luck! let us know what you decide.

Hey, thank you for your input!, If i could turn back the clock with the benefit of hindsight of course i would do some things differently... I think im going to wait until Feb 2011 and see how USCIS are treating the VWP AOS situation... and also see how we feel, and then decide which route to go down, if im going to leave before the 365 days il have to leave at the end of Feb.

[Rebecca Jo 1,962]

Have you asked your attorney when your drop-dead date is?

[Amy and Nick 37]

Just as a side note, in my opinion the AOS on VWP situation is only going to get worse, not better

If it was me id think about doing it as soon as possible!

[Julie y Pat 67]

I'm wondering what happened with your earlier fiancee, and why it wouldn't have "qualified" you for a green card. My guess is that she would have needed a cosponsor for the I864, and you discovered her ulterior motives when she wouldn't sign a prenup. Now you found a new girlfriend who would qualify you for a green card, but the loophole you were hoping to exploit is closing. And you're ready to abandon her and the US if it's going to be too much of a hassle.

[Harpa Timsah 13,258]

I'm wondering what happened with your earlier fiancee, and why it wouldn't have "qualified" you for a green card. My guess is that she would have needed a cosponsor for the I864, and you discovered her ulterior motives when she wouldn't sign a prenup. Now you found a new girlfriend who would qualify you for a green card, but the loophole you were hoping to exploit is closing. And you're ready to abandon her and the US if it's going to be too much of a hassle.

This judgement is really uncalled for.

[edgini 0]

I'm wondering what happened with your earlier fiancee, and why it wouldn't have "qualified" you for a green card. My guess is that she would have needed a cosponsor for the I864, and you discovered her ulterior motives when she wouldn't sign a prenup. Now you found a new girlfriend who would qualify you for a green card, but the loophole you were hoping to exploit is closing. And you're ready to abandon her and the US if it's going to be too much of a hassle.

I dont think you understand this thread, the marriage would not have qualified me for a greencard because USCIS are not approving AOS for VWP period. nothing to do with any I864, prenup or financial standing.

Edited November 28, 2010 by edgini

[Harpa Timsah 13,258]

the marriage would not have qualified me for a greencard because USCIS are not approving AOS for VWP period. nothing to do with any petition or financial standing.

That's not true actually. All USCIS offices are adjudicating AOS from VWP who filed while in-status. And, SOME offices are adjudicating AOS from VWP overstays just like they used to.. which was that the overstay from VWP had no bearing on the AOS petition. Some other offices are no longer doing this, and are putting VWP overstayers on permanent hold or denying, as has been discussed at length in this forum.

[edgini 0]

That's not true actually. All USCIS offices are adjudicating AOS from VWP who filed while in-status. And, SOME offices are adjudicating AOS from VWP overstays just like they used to.. which was that the overstay from VWP had no bearing on the AOS petition. Some other offices are no longer doing this, and are putting VWP overstayers on permanent hold or denying, as has been discussed at length in this forum.

Yes i have read about this here, which is partly the reason for my post, im trying to clarify what the situation is down in florida, i will speak to my attorney about this but was hoping somebody here has used my local office.... also very importantly im awaiting this new directive that USCIS should be issuing about how USCIS should deal with VWP AOS.... right now it really doesnt sound like a good thing to go down that path.

thanks.

[Julie y Pat 67]

I understand this thread very well.

[Rebecca Jo 1,962]

Yes i have read about this here, which is partly the reason for my post, im trying to clarify what the situation is down in florida, i will speak to my attorney about this but was hoping somebody here has used my local office.... also very importantly im awaiting this new directive that USCIS should be issuing about how USCIS should deal with VWP AOS.... right now it really doesnt sound like a good thing to go down that path.

thanks.

Do you understand that you could be waiting a very long time for an official directive?

What is stamped in your passport after your most recent entry? The date and any other notations?

I understand this thread very well.

I'm not sure you do. The OP has stated a willingness to invest a million dollars in the US in order to get a visa. So I doubt the relationship crumbled due to his other fiancee not being able to sponsor him. Reading between the lines, I would guess the OP suspected his former US fiancee of being after his money.

[Kathryn41 3,205]

May I remind everyone that if you do not have something useful to contribute to the conversation, then please do not participate. Judgmental comments are not appropriate and best kept to yourself.

[Julie y Pat 67]

Ok, I'll assume you have met the woman you want to spend the rest of your life with. Three years is not that long when you're talking about the rest of your lives. You seem to be well off financially so that you and your future wife can can spend most of that time together by bringing her to France, or anywhere else as you have stated. Keep tabs on how long direct consular filing is taking in the country you will be living in in Dec 2013, and apply at about the right time when your ban is up. As far as the I601 waiver goes, you might not have a very strong case for it now, but circumstances can change over the next three years that can push the hardship on your wife over the extreme threshold and make a waiver approvable.

[coraliesolms 47]

My 2 cents here... While I didnt have a 3 year ban, due to circumstances beyond our control (money, bad attorneys, a baby and so on and so forth) it took 3.5 years from beginning to end on my process. It was a long 3.5 years, and it was hard, but my husband was well worth the wait. I stayed in Canada and he stayed in the US, we met in the middle about once a year.

IMO... take the 3 year ban, and apply for CR1. In fact, get married, and by the time your ban is up, you will no long have a conditional greencard, you will have a 10year greencard, and only 3 years to wait after that for citizenship. When it comes up at your interview, you can also take the high ground and explain to the CO, that you realised you were going about things the wrong way and chose to correct it on your own before ICE caught up with you and you were deported.

Take my word for it, 3.5 years go by quickly when you are working on being with the person you love. It had its tough moments, but true love conquers all!!

You know whats right, I trust you will make the right decision on your own. Your girlfriend/fiance and future are well worth it.

[VanessaTony 3,567]

I do have a question and I'm trying not to be judgemental... but how do you go from "about to marry someone" in Oct 2010, to considering marriage with another a month later?? I'm not sure your relationship would have passed scrutiny anyway...

You are right, AOS from the VWP was quite a regular occurrence and I'm quite happy the door is being closed on it.

I wish I had good news but I doubt AOSing from the VWP is going to get easier, it'll probably get harder... You seem to really have done your research on the bans etc and you could definitely TRY the hardship waiver...or you could simply return home, or to Europe with your potential bride, and build a life there until the ban passes. You could try taking her to the UK and getting her a UK passport while you wait for your ban to pass then decide whether you want to stay in the UK (or whatever other EU country) or return to the US.

If she's unable or unwilling to uproot her life right now then that's understandable but it sounds like a pretty good option to me