Overstay 4 months VWP . Now Married. Any problem????

[Ms. Tillery 0]

Hi everybody,

I will explain my case,

I came to US first time on January 17th, I meet my husband at that time, so I got out before my first visa waiver expired and come back 8 days later so I will renew for another 3 months, I didnt plan to stay that longer but... i felt in love, so...my second waiver visa expired on July 10th and I was scared to go again and have problems to come back, so my boyfriend decided to marry me, we got married on August. Now Im trying to get everything right, change my status and become legal, at this time Im actually pregnant, and Im scared to fill the forms and get deported. I need some advise, My husband is an american citizen and it's a real love story =)

[bigdog 377]

Take a look at the guides, http://www.visajourney.com/content/guides file for "Married".

[ceadsearc 516]

Your overstay shouldn't be a problem unless you are in the San Diego area. Assuming you aren't, you shouldn't have an issue. The sooner you file your petition the better as you will then enter a new period of authorized stay. This is important because if your petition is denied for some reason, you do not have the right to appeal since you came on VWP and would need to leave and file for a CR-1. If you have accumulated 180 days of overstay you'd incur a ban.

This is worst-case scenario though and you should be fine. Just be extra careful when filling out your paperwork - double and triple check it so you don't end up with any issues as a result of silly errors.

[caeremonarius 26]

Your overstay shouldn't be a problem unless you are in the San Diego area. Assuming you aren't, you shouldn't have an issue. The sooner you file your petition the better as you will then enter a new period of authorized stay. This is important because if your petition is denied for some reason, you do not have the right to appeal since you came on VWP and would need to leave and file for a CR-1. If you have accumulated 180 days of overstay you'd incur a ban.

This is worst-case scenario though and you should be fine. Just be extra careful when filling out your paperwork - double and triple check it so you don't end up with any issues as a result of silly errors.

This is correct. My wife and my situation was very similar (although her overstay wasn't as long). See my timeline below for details. At our interview, the VWP, overstay and intent never came up. Feel free to send me a private message if you want to go over any of the details (you're from Spain, like my wife, so our cases would be fairly similar).

¡Mucha suerte!

AJ

[Andy and Pui 16]

Your overstay shouldn't be a problem unless you are in the San Diego area. Assuming you aren't, you shouldn't have an issue. The sooner you file your petition the better as you will then enter a new period of authorized stay. This is important because if your petition is denied for some reason, you do not have the right to appeal since you came on VWP and would need to leave and file for a CR-1. If you have accumulated 180 days of overstay you'd incur a ban.

This is worst-case scenario though and you should be fine. Just be extra careful when filling out your paperwork - double and triple check it so you don't end up with any issues as a result of silly errors.

What do you mean by that?

[Brother Hesekiel 2,236]

He "means by that" that San Diego is outright denying AoS petitons of people who entered the U.S. without any visa and overstayed their welcome.

If the I.O. is in a really bad mood, he would also determine that the applicant came with the intention to adjust status and marks that down as material misrepresentation" which carries a lifetime bar. Hence, especially in San Diego it's rather immigration suicide to enter the U.S. with a visa waiver, overstay, and then attempt to adjust status.

Edited November 4, 2011 by Brother Hesekiel

[JimVaPhuong 4,863]

What do you mean by that?

Not very long ago there were a number of USCIS field offices that were categorically denying adjustment of status for VWP overstays. This was based on more than half a dozen US District Courts that had determined that applying for adjustment of status while in overstay constituted a sort of appeal to have their overstay waived, and VWP applicants waive their right to appeal any decision by an immigration officer as a condition of using the VWP.

The director of USCIS has since settled this matter by directing USCIS field offices to decide adjustment of status cases on their merits. However, by all accounts, that didn't change anything at the San Diego field office. Apparently, the director of that field office has decided to go along with the 9th Circuit Court decision, and that office is still denying adjustment of status for VWP overstays. I suppose it's also possible that the San Diego office might be continuing the practice just to make sure that the issue eventually makes it way in front of the US Supreme Court. Dunno. For now, it's not safe for a VWP overstay to attempt to adjust status through the San Diego field office.

[Ms. Tillery 0]

Thanks everybody for the answers, Now, I have some peace of mind. I live in Miami, so I hope everything goes fine!

Thanks caeremonarius, I will definetely send you a message if I have any doubts filling the papers.

I really appreciate your help!