One complicated situation... from E-3 visa to...?

[visajames 0]

i have a really complicated visa situation and wondering if anyone would be able to help?

i got here on an e-3 work visa (for australians) in 03/2007 and was authorized to stay until 03/2009 on i-94. however, right away the work that i came here for unfortunately did not work out, so i had to try to find different work. i was on and off jobs for a long time as i simply could not find an employer who is willing to help me file a new paperwork for my visa... at the last job i had before my authorized stay expired, i was able to get that employer to file the visa paperwork for me, but it failed through in 02/2009 as i could not provide the evidence of me actually worked for the original employer that i came here for...

meanwhile, at the last job, i fell in love with my wife-to-be (U.S citizen by birth) but at the time, i was hoping the extension of my work visa application would go through and i did not feel that i shall rush to marriage since we didnt date for that long at that point.

anyway, we got married in 04/2009 after my authorized stay expired in los angeles and stupid me who just simply just put everything off as i really hate to deal with visa stuff...

things have gone worse since then especially financially for both of us, we both lost our jobs and struggling. and for me, its even worse as i cannot get a job because i dont have the proof of eligibility to work legally in U.S.

so i finally filed i-130 in 10/2011 and i really dont know what is gonna happen as i overstayed for 2 years and 9 months. i didnt file i-485 at the same time because first, it says you are not eligible for adjustment if your authorized stay expired before you file the application and second, i dont have the money for i-485 at the moment...

can anyone shed some light on this situation?

many thanks,

james.

[TimeTravel 78]

Sorry to hear about your situation James. But the bad part is that you overstayed in US. If someone overstays 365 days, then there is 10 years ban. Whenever they catch you to stay there illegally, then they will deport you from US. I dont know what to suggest, since I do see a long process for your situation. But it may take few years or so.

Wait for some expert VJ members comments for your situation, else try to hire a attorney, who is an expert to get the waiver and work out for your situation.

[VanessaTony 3,567]

You need to file the I-485. Your overstay will be forgiven.

Contrary to the above post you will not be deported. While you are able to be detained, your marriage to a USC permits you to AOS so they'll give you that chance first.

I suggest you take out a loan, or borrow the money from friends/family to file the I-485. You'll get the EAD in around 2 months (don't bother with the AP) so then you can get a job and eventually things will start to pick up.

DO NOT leave the US until you have filed AOS and had your GC approved. One you have your GC you can leave the US to visit your family in Australia.

[Soapz 14]

If I remember correctly, the USCIS does not make an issue out of an overstay, if the rest of the paperwork is in order. File the I-485, find a sponsor if you need one, and make sure to have boatloads of proof. Send in photos, letters, and so on (use the guide!). I think I read somewhere that there is also a waiver that can be filed - although I don't know if that can or needs to be applied in your situation. Maybe somebody else knows more about this.

Good luck