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Dewave2

I'm about to overstay for the first time in my life!

By Dewave2 in Adjustment of Status from Work, Student, & Tourist Visas

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Dewave2 Enthusiast

Dewave2   17

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Hi Guys,

So, tomorrow I reach the last possible date my Visa Waiver allows me to be in the states. Which means, come Thursday morning, I will technically be overstaying my VWP. It's safe to say, its playing on my mind a little more than I would like! For almost 5 years now, and more trips than I can possibly count, traveling to the States on the VWP, I have never overstayed. I have only ever even been close to my 90 days a couple of times, but still left a good week or so before hand. I've never had any issues with customs and entering the country or leaving.

The wife and I decided to get married whilst I was here on this trip, and due to this have decided to adjust my status as I have talked about in a couple of other threads. Due to awaiting various pieces of paperwork and documents (mainly a certified copy of our marriage certificate), we haven't been able to file the documents before my 90 days were up, which is something I would have obviously preferred to do. Hopefully, we will have all this sent off in the next couple of weeks, as soon as all the last documents are received.

I'm not sure if my worrying is warranted or not, or whether I'm just letting the mild stress of it all get to me. I guess we have just gone to such lengths in the past to avoid overstays when back and forth, that now I'm just, overstaying, it feels very very odd.

So, any advice?

I guess, I'm mainly concerned about any issues my overstay will have? I know I have read so many threads on here, where it is clearly stated that an overstay is rarely a problem, but I guess, a little reassurance is what I require. Our local office isn't San Diego, it's San Fernando in Los Angeles, so hopefully this helps avoid any problems for us?

And also, what about day to day life, whilst were waiting on our NOA? I think the wife is worried, I'm going to accidentally jay walk and get arrested, and have them search and find out I've overstayed my visa, and deport me...all whilst she is at work haha. I'm trying my best to reassure her this wouldn't happen, but I mean...could it?

Thanks in advance for any advice and kind words. I know I'm not the first person to go through this, it's just tough after almost 5 years of jumping through all the right hoops, and now, just throwing caution to the wind!

AOS Journey

Day 0 - 07/10/2012 - AOS package (I-130,I-485, I-175) mailed to Chicago with FedEx.

Day 1 - 07/11/2012 - Confirmation from FedEx that package arrived and was signed for.

Day 3 - 07/13/2012 - Text confirmation from USCIS of receipt.

Day 4 - 07/14/2012 - Online banking shows that cheques were cashed.

Day 9 - 07/19/2012 - Received 3 out of 3 NOA letters in the post.

Day 11 - 07/21/2012 - Received biometrics appointment letter, appointed set for 08/07/2012.

Day 16 - 07/26/2012 - Completed biometrics walk in.

Day 56 - 09/04/2012 - Received text notification to state that my EAD has been ordered into production.

Day 59 - 09/07/2012 - Received 2nd text notification to state that my EAD has been ordered into production.

Day 62 - 09/10/2012 - Text notification that EAD has been mailed.

Day 64 - 09/12/2012 - EAD received in the mail.

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Boiler Grand Master

Boiler   45,531

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Overstays are usually forgiven when adjusting through marriage to a USC.

People have been deported, it is very unusual.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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LaLaLeesha Explorer

LaLaLeesha   0

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

My advice would be not to jay walklaughing.gif... But in all seriousness , from the many things I've read on these forums, it seems that you shouldn't worry to much about an overstay as long as it isn't to long. I suppose you also have quite a reason with the papers being so incredibly slow in bein sent. Don't worry good.gif

3 Months of Marriage ;D

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Pompey Boy! Rookie

Pompey Boy!   0

Posted
Filed: AOS (pnd) Country: England
 Timeline
Posted

Hi, good luck with it all. As you can see from my timeline we had similar problem and were 2 days late filing! Not much we can do about it now but I honestly don't believe it should cause any problems.

9-1-90 Met future wife I was High School Exchange Student

12-1-10 Worked in FL and spent a week in VA and met old "friend"

2-13-11 Back to VA to spend time with "friend"

10-13-11 Back again to spend more time together

12-24-11 Proposed

12-31-11 Married

1-11-12 VWP expired, still waiting on certified marriage copy

1-14-12 Mailed AOS i-485,i-130 package to Chicago Drop Box

1-16-12 Confirmation of package receipt from USPS

1-20-12 Email and Text received from Chicago

1-21-12 Cheque cashed! (Didn't hang around with that one!)

1-24-12 I-797s received in mail *4 (in 4 envelopes (explain that logic!))

2-03-12 RFE received Tax return 2011

2-03-12 RFE received for income levels

2-09-12 RFE returned

2-13-12 Biometrics letter received

2-24-12 Biometrics appointment Norfolk, VA (in and out in under 5 minutes!)

3-13-12 Email notice that I-131 and I-765 (AP and EAD) approved and production under way

3-21-12 Combo card (AP and EAD)received in mail

4-08-12 Notice of AOS Interview May 9th at Norfolk, VA office

5-09-12 Interview at Norfolk, VA. Case recommended for approval

5-09-12 Email received confirming case has been approved!

5-17-12 2 year green card received via USPS

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Pompey Boy! Rookie

Pompey Boy!   0

Posted
Filed: AOS (pnd) Country: England
 Timeline
Posted

I also believe only an immigration judge can order a deportation not regular police for jay walking! Just do what the americans do and don't walk anyway you'll be fine!

9-1-90 Met future wife I was High School Exchange Student

12-1-10 Worked in FL and spent a week in VA and met old "friend"

2-13-11 Back to VA to spend time with "friend"

10-13-11 Back again to spend more time together

12-24-11 Proposed

12-31-11 Married

1-11-12 VWP expired, still waiting on certified marriage copy

1-14-12 Mailed AOS i-485,i-130 package to Chicago Drop Box

1-16-12 Confirmation of package receipt from USPS

1-20-12 Email and Text received from Chicago

1-21-12 Cheque cashed! (Didn't hang around with that one!)

1-24-12 I-797s received in mail *4 (in 4 envelopes (explain that logic!))

2-03-12 RFE received Tax return 2011

2-03-12 RFE received for income levels

2-09-12 RFE returned

2-13-12 Biometrics letter received

2-24-12 Biometrics appointment Norfolk, VA (in and out in under 5 minutes!)

3-13-12 Email notice that I-131 and I-765 (AP and EAD) approved and production under way

3-21-12 Combo card (AP and EAD)received in mail

4-08-12 Notice of AOS Interview May 9th at Norfolk, VA office

5-09-12 Interview at Norfolk, VA. Case recommended for approval

5-09-12 Email received confirming case has been approved!

5-17-12 2 year green card received via USPS

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Our local office isn't San Diego, it's San Fernando in Los Angeles, so hopefully this helps avoid any problems for us?

Sh*t, man, the San Fernando gang is brutal. I've heard horror stories about them, kicking in doors and taking small children as body armor. Better find a good place to hide when they come for you!

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Mestis Contributor

Mestis   1

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

Just a though...

If you are worried about overstaying, could you send the documents you have now, then send the rest when the RFE arrives? (what does the other think?)

But I do agree that without marriage certificate, kind of a big piece missing...

Edited by Mestis

2006 to 2010 - Working on TN status
09/26/2009 - Wedding
02/16/2010 - Green Card in hand!
02/12/2012 - ROC Done, Green Card Received

09/15/2015 - Naturalization Ceremony

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desmond&molly Contributor

desmond&molly   5

Posted
Filed: AOS (apr) Country: Mexico
 Timeline
Posted

I understand your worries but you'll be ok. Just keep working to get the paperwork together as soon as possible. There's a very small chance you'll get detected for overstaying your visa unless you're out gangbanging, selling drugs or working at a sweatshop somewhere :)

Being serious. Don't drive or travel (specially anywhere close to both borders). You'll be fine for a couple of weeks.

Our visa journey:

07/18/11 :: Day 000 Package received at Chicago Lockbox

07/20/11 :: Day 002 Received email/text message notification

07/26/11 :: Day 008 Received Hard Copy NOA1 (I-485 & I-765)

08/12/11 :: Day 025 Received Biometrics Appointment

08/19/11 :: Day 032 Biometrics appointment 11am

09/13/11 :: Day 057 EAD Card Production Ordered

09/19/11 :: Day 063 EAD Card Sent

09/22/11 :: Day 065 USPS left notice couldn't deliver EAD (at old address)

10/07/11 :: Day 081 Appointment letter sent

10/11/11 :: Day 085 Appointment letter received (at new address)

10/13/11 :: Day 087 Congressman's office got tracking number of EAD

10/21/11 :: Day 101 EAD sent back to USCIS

10/25/11 :: Day 105 EAD resent (current address)

10/27/11 :: Day 107 EAD Card Received

11/16/11 :: Day 121 Interview - Approved and card production ordered!

11/25/11 :: Day 130 GC arrived in the mail

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Boiler Grand Master

Boiler   45,531

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He has potentially a bigger issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dewave2 Enthusiast

Dewave2   17

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted

Thanks guys!

I feel a tiny bit easier about the whole thing at the moment. I really do wish the marriage certificate would finally come however so I can send this off ASAP!

AOS Journey

Day 0 - 07/10/2012 - AOS package (I-130,I-485, I-175) mailed to Chicago with FedEx.

Day 1 - 07/11/2012 - Confirmation from FedEx that package arrived and was signed for.

Day 3 - 07/13/2012 - Text confirmation from USCIS of receipt.

Day 4 - 07/14/2012 - Online banking shows that cheques were cashed.

Day 9 - 07/19/2012 - Received 3 out of 3 NOA letters in the post.

Day 11 - 07/21/2012 - Received biometrics appointment letter, appointed set for 08/07/2012.

Day 16 - 07/26/2012 - Completed biometrics walk in.

Day 56 - 09/04/2012 - Received text notification to state that my EAD has been ordered into production.

Day 59 - 09/07/2012 - Received 2nd text notification to state that my EAD has been ordered into production.

Day 62 - 09/10/2012 - Text notification that EAD has been mailed.

Day 64 - 09/12/2012 - EAD received in the mail.

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