Overstayed, now AOS

[yohino 22]

I'm writing this on behalf of my friend and his now wife.

She entered the country when she was 12, with her mother and never returned to their country, which is Uruguay.

She has told me at the time they entered there was no need for a visa to enter the US from there, I'm thinking it might have been something eqvivalent to the VWP? Not sure what the exact tourist-agreement between the countries was though.

She is now 19 and just got married to a USC and they are filing for her AOS within the next week or so.

After reading all the recent trouble people have had with adjusting their status after overstaying their VWP I wanted to ask if anyone had any insight as to if this couple should expect any problems?

Thank you for your time guys!

[yohino 22]

Probably should have done this before I posted but I researched it a bit and it seems like Uruguay used to be on the VWP program, but isn't anymore, so I assume that's what they entered on.

With this new info, did their chances just go up for trouble?

They are filing out of NC if that makes any difference.

[NigeriaorBust 4,087]

The current trend is increasing denials for people that overstayed their VWP. Others will tell you more. What city / state is your local USCIS office , it makes a difference.

[VanessaTony 3,567]

Honestly the chances aren't good, but then she has a 10 year ban anyway so the only risk she runs by applying for AOS is being deported on the spot rather than waiting and worrying about ICE finding her.

[yohino 22]

Yeah, that's what I am worried about too.

Raleigh-Durham NC is the closest field office.

Since I know them I know they have a genuine relationship but after hanging around VJ far to much for the last year or so I have picked up on what might be seen as "red flags", and unfortunatly these guys have a few.

Large age difference, she is 19, he is 29.

He has a 13 year old daughter from a previous relationship (only 6 years between wife and daughter, not sure if that is a red flag or not.)

Fairly short courtship, they met shortly before he went on a 6 month deployment, and married within 2 months of him getting back to the States.

They are getting help from a military immigration liason and they seem to think everything will be an easy ride, I'm just not so sure and was hoping someone here would be able to give me some thought about their situation.

[yohino 22]

So, North Carolina is in the 4th Circuit and as far as I'v found, they are not one of the Circuits that are denying VWP overstay's AOS yet.

So, that's a good sign, yeah?

Would the fact that my friend, the USC, is in the military make any difference when it comes to the IO showing some leaway?

(It might seem like I'm talking to myself in this thread but it is actually helping,haha)

[Myopia 93]

So, North Carolina is in the 4th Circuit and as far as I'v found, they are not one of the Circuits that are denying VWP overstay's AOS yet.

So, that's a good sign, yeah?

Would the fact that my friend, the USC, is in the military make any difference when it comes to the IO showing some leaway?

(It might seem like I'm talking to myself in this thread but it is actually helping,haha)

Being that the fourth circuit is one that is not automatically denying or holding VWP adjustment applications, I see no reason for her not to file other than she could wait for this memo that all seem to be waiting for to be 100% sure what is happening.

Of course there is a risk of her being denied but those who have successfully adjusted do not seem to have had any comment made as relates to their overstay.

I am about to file my application and being a VWP overstay myself, I am making sure that my package is tight with zero mistakes. My husband works for the government ironically and I wondered if that would make any difference but I doubt it,

The problem with hanging around here is you get compacted worse case scenarios and it can be a little daunting. I think the age gap is a normal one for the USA..lots of women her age like older men...I was dating a 29 year old when I was 19 too! My husband is younger than me which would be wierd somewhere else but I cite Demi Moore/Aston Kutcher and Mariah Carey/Nick Cannon as my examples.(lol)

And no you arent talking to yourself lol.

Edited February 2, 2011 by Myopia

[JimVaPhuong 4,863]

Yeah, that's what I am worried about too.

Raleigh-Durham NC is the closest field office.

Since I know them I know they have a genuine relationship but after hanging around VJ far to much for the last year or so I have picked up on what might be seen as "red flags", and unfortunatly these guys have a few.

Large age difference, she is 19, he is 29.

He has a 13 year old daughter from a previous relationship (only 6 years between wife and daughter, not sure if that is a red flag or not.)

Fairly short courtship, they met shortly before he went on a 6 month deployment, and married within 2 months of him getting back to the States.

They are getting help from a military immigration liason and they seem to think everything will be an easy ride, I'm just not so sure and was hoping someone here would be able to give me some thought about their situation.

10 years is not a huge age difference.

He was 16 when his daughter was born?

[yohino 22]

10 years is not a huge age difference.

He was 16 when his daughter was born?

Ok, atleast that's a good thing, I wasn't sure how big of a age difference it has to be to be considered out of norm.

He was actually 15, hadn't turned 16 yet but was later that year.

[ronald q 0]

Maybe this web site can help http://www.***removed***/greencard/adjustmentofstatus/

[yohino 22]

Thanks for the link but I'm aware of the tecnical side of AOS, it was more info about the recent changes to VWP overstayers being denied at interview I was wondering about. But Thank you!

Another scenario, or upcoming events for them.

My friend will be relocating to California, with work, by the summer, and as I'v understood it that is a place where they are denying VWP overstayers already. So it's in their best interest to stay here in NC and finish up everything before making the move right? If possible that is.

Any thoughts on this guys?

[JimVaPhuong 4,863]

Another scenario, or upcoming events for them.

My friend will be relocating to California, with work, by the summer, and as I'v understood it that is a place where they are denying VWP overstayers already. So it's in their best interest to stay here in NC and finish up everything before making the move right? If possible that is.

Any thoughts on this guys?

If I was a VWP overstay who was attempting to adjust status then I think California is the last place in the US I would want to be right now.

[yohino 22]

Thanks for backing up what I was suspecting, I'll be sure to let them know that under no circumstances should they make the move before her status is fixed.