UK girl married US boy within VWP, now less than 180 days overstay, advice!

[MrsP2010 20]

Hey there

I married Mr P on Oct 5th 2010. My VWP expired on 8th October, as in three days later. At this point we were under mis-information and thought we could file from the US within 6 months of the overstay start date.

A friend in a similar boat just got her I-485 denied, and now we're realizing we will have to file from outside the US very soon.

My question is, what now? I've not filed anything, I'm still in the US, currently 3 months overstay. What visa am I applying for, what timeline and what do I need to do while I am still in the US?

Many thanks! (We're speaking to a law attorney also, but we want to research all sources!)

Mrs P

[amykathleen2005 441]

If you speaking to the same attorney that wrongly advised you before I would get a new one.

What I would do in your situation is file for CR-1 ASAP. You can find step by step instructions how to here:

http://www.visajourn...tent/i130guide1

Because you overstayed your visa waiver you will not be able to use it again but your husband is still able to visit you in the UK while your visa processes. Do not overstay in the US more than 180 days or you will receive a ban when you leave. File the CR-1 and then go home and wait for your interview which will come in a few months.

Edited January 22, 2011 by amykathleen2005

[VanessaTony 3,567]

The VWP is different to regular visitors where overstay is ignored (i.e. you're not ineligible for applying) and when approved for GC it's forgiven for spouses of USC, it used to be that VWP was fine too but lately (in the last year or so) anyone who files AFTER their I-94 is risking getting denied. It depends on where you live when you file which I don't know enough about but if you have a friend that was just denied it isn't looking good.

So, basically your choice is to file the I-130 for a CR-1 or you can TRY and file AOS from within the US knowing that if you're denied you face removal proceedings if you don't leave in 30 days from getting the notice. There is no appeal. If you fail to leave in the 30 days and end up getting deported you face a 10 year ban. I personally don't recommend trying the AOS route as filing for the CR-1 isn't that hard, especially as you're from the UK.

As previously stated you won't be able to use the VWP any more because you overstayed. If you leave now (before 180 days of overstay) you won't have a ban so it's lucky that you have only overstayed by 3 months.

Good luck.

P.s. Be careful of lawyers. Some of them have no idea what they're doing. Just recently there was a post about a guy who was told to wait till his divorce was final before filing for ROC (down the line this will apply to you) even though it wouldn't be final until after his deadline (you need to file for ROC 90 days before your status expires). Had the guy not come here and asked and instead just listened to the lawyer he would have ended up having his status cancelled because he filed late and being placed in removal proceedings.

Edited January 22, 2011 by Vanessa&Tony

[MrsP2010 20]

Thanks guys. I'm going to read through all of that today and get started on my paperwork. And no, it's not the same lawyer, and I'm still very skeptical of their advice, as the last one we spoke to told us we wouldn't be denied. That was a month ago.

It's funny how grey the areas are in visas, and yet they expect us to get it so right! There are so many decent and hardworking people getting turned away because they didn't scrutinize the internet hard enough. Grr.

[sciencenerd 56]

You're within the 180 days, so you should probably leave the country and apply CR1 so you don't have to worry about it being denied. You won't be able to do visa waiver again, but you won't need to once you have permanent residency. Just make sure you leave before the 180 days so you don't get a 3 year ban (remember 180 days does not equal 6 months exactly).

[MrsP2010 20]

I am filling in forms and I've come up against questions!

When I put my addresses down on the G325-a, I have a gap of a year where I was at no fixed address. I was technically living back at my family address for mail purposes, but I'd just finished university (June 2009) and was travelling over the summer. I then lived back at the family address (Oct and Nov 09) before going back to America for three months and then travelling Mexico from Feb 2010 to July 2010. After That I was back at the American address until now.

So do I ignore the bits where I am travelling? My address for then would be the family address back home.

[MrsP2010 20]

You're within the 180 days, so you should probably leave the country and apply CR1 so you don't have to worry about it being denied. You won't be able to do visa waiver again, but you won't need to once you have permanent residency. Just make sure you leave before the 180 days so you don't get a 3 year ban (remember 180 days does not equal 6 months exactly).

I've gone on timeanddate.com and use their day calculator, and for good measure I'm leaving a month before the 180 day mark. I need a bit more time here though to get everything together! Aaagh, life has just got hectic!

[MrsP2010 20]

And another question (these will probably keep coming!)

I have had a lot of jobs with moving around for university, should I list everything, like even the student ambassador job I did once a month for the Spring? I like to keep busy working, so I have maybe 15-20 jobs that cover the 5 year period.

Thanks!

[Amy and Nick 37]

For the address during your gap year I would advise putting down your family address, but add an attachment I would write a short statement explaining that you were on a gap year and possibly even listing the countries you visited?

Obviously this is easily trackable for them so you dont want to look like you are hiding anything. I also assume the time spent in America may have something to do with the current hubby so you may need photo/email from around this time as evidence, and it may look strange of you dont mention it on the G325a

I would also suggest writing ALL jobs you have had, no matter how tedious the process, or how long you worked there for! I have also had a LOT of jobs in that time period (student life!) and I listed them all, using a seperate sheet to finish!

Good luck!

[MrsP2010 20]

For the address during your gap year I would advise putting down your family address, but add an attachment I would write a short statement explaining that you were on a gap year and possibly even listing the countries you visited?

Obviously this is easily trackable for them so you dont want to look like you are hiding anything. I also assume the time spent in America may have something to do with the current hubby so you may need photo/email from around this time as evidence, and it may look strange of you dont mention it on the G325a

I would also suggest writing ALL jobs you have had, no matter how tedious the process, or how long you worked there for! I have also had a LOT of jobs in that time period (student life!) and I listed them all, using a seperate sheet to finish!

Good luck!

I hate to admit it, but yes, my heart dragged me here time and time again! All IT has to do is fall in love with someone, it's ME who has to do all the paperwork! *tsk*

Thanks for your advice, I kinda suspected that would be the case, so I'm going to draft up a cover letter and supporting sheet now. Are there any templates around?

[Amy and Nick 37]

Oh dont even get me started, the paperwork is a DRAG, but I feel i spent enough time on mine that im not TOO worried about getting an RFE (jinxed myself now, havent I!)

Definitely feels good to get it out of the way!

There are templates, ill go on a hunt for them now!

[Amy and Nick 37]

Okay, start with the guide:

http://www.visajourney.com/content/i130guide1

Then check out Loto's guide (He's a bit quieter as his wifes visa was recently approved, but he's pretty much a God around these parts!)

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

I cant find the cover letter I used, although I found it somewhere on VJ! However, the one posted in this thread is pretty similar!

http://www.visajourney.com/forums/topic/270403-another-pedantic-i-130-question/

Also, as a side note, this is what you want to be following once you get I-130 approval. Dont bog yourself down now, but keep the link!

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

[MrsP2010 20]

So helpful! Jeez, that's a lot of supporting evidence. I'm worried, because I don't have much in the way of receipts or anything like that, we live in a hostel and have limited space, so we never thought to keep things. It's got me really worried! We have joint bank account, photos, and plenty of people who know us, what else is there?

[Amy and Nick 37]

Ha, well this is what I included, but bear in mind I went COMPLETELY overboard!

cover letter

completed and signed form i-130

check for i-130 filing fee

completed and signed form G325a with photo (petitioner)

completed and signed form G325a with photo (beneficiary)

Copy of ALL pages of petitioners US passport

Copy of petitioners US birth certificate

Copy of marriage licence and certificate

Copy of ALL pages of beneficiarys UK passport

Copy of beneficiarys UK birth certificate

Copy of UK deed poll noting change of name as a child of beneficiary

completed form G1145

Copy of affidavit from petitioner and beneficiary

copy of affidavit from petitioners parents

copy of affidavit from the Pastor who married us

copy of our wedding invitation

proof of joint bank account

proof of joint utilities (electric, tv, internet)

proof of life insurance documents

proof of joint lease on condo

copy og IM chat

copy of letters to each other

copy of emails to each other

copy of facebook messages and wall to wall

copy of wedding cards sent to us

copy of passport stamps proving visits to each other (is it okay to just assume they can look at the copied pages at the start as proof of this or do i need to print them again)

photographic evidence from beginning of relationship up to the wedding

To be honest, I sent his much in because I HAD it. It was time consuming to organise, but i figured why not chuck it all in!

Since reading VJ ive seen people get approved when sending nothing more than the wedding certificate!

My theory (no real backing to this!) is that if its going to take you ages to get evidence together, just go ahead and send the packet in with what you have. Chances are you wont get an RFE, but if you do, it will only set you back a few weeks. If its going to take you longer than that to gather everything, just get it in and started!

[JoannaV 174]

The only relationship evidence I sent was the marriage certificate, a boat insurance policy that happened to mention my name alongside my husband's, and three affidavits from in-laws and a friend saying basically "I know X and was present at his marriage to Y." I was approved no problem.