Overstayers, share your experience here.

[Girona40 0]

As a VWP adjuster (who was never out of status, I might add), I can see why people who file for K1, K3, CR/IR visas don't like that we can do it. But it is a legal process.

Just the same, I personally don't like seeing people with overstays of many, many years be able to adjust status with no hassle. But it is a legal process and they will be forgiven - as has been proven to me on this and another thread!

My feeling is that the majority of people on this forum who have overstayed did so out of ignorance and circumstance, not maliciously to obtain "easier" immigration benefits. Since we're talking about reuniting families in this forum, we should support them within the framework of the law to follow the required path.

If you don't like it that overstayers can do this, there are plenty of other threads to read. This one is for supporting those in that situation, not running them into the ground.

If there is any question of "intent" there is the possibility of denial.

Personally, I don't care enough to continue this debate.

[ChristinaM 0]

Since it was not a personal debate with you, Girona, I have no problem with you bowing out graciously.

I agree that I don't like people being able to overstay a visa for an extended period of time and then being able to "get immunity" from any kind of backlash because they're married - but that's the way the law is.

What the explanation is I don't know, but the law has been quoted on this post from the USCIS directly. I'm sure that there *are* people who get married just to hold status here, but in the context of this forum I think they're few, far between and usually driven out as trolls. More people come in on something like a tourist visa, or F-1, fall in love and get married.

I'm fully aware of the implications of adjusting from the VWP, since I did it myself. I was merely making the point that since it is a legal process for people to both adjust from tourist status (which is very unpopular amongst certain people) and to complete AOS with an overstay from whatever kind of visa (pretty much) this post is not the place for bashing those people. It's a place for supporting them through the process, not assessing their morality for doing so or the law which allows them to.

[one_coolchiq 0]

Everybody's entitled to their own opinion. I just want to wish for World Peace hehe..sorry if OT. Peace everyone *smile*

[stinger157 0]

Since it was not a personal debate with you, Girona, I have no problem with you bowing out graciously.

I agree that I don't like people being able to overstay a visa for an extended period of time and then being able to "get immunity" from any kind of backlash because they're married - but that's the way the law is.

What the explanation is I don't know, but the law has been quoted on this post from the USCIS directly. I'm sure that there *are* people who get married just to hold status here, but in the context of this forum I think they're few, far between and usually driven out as trolls. More people come in on something like a tourist visa, or F-1, fall in love and get married.

I'm fully aware of the implications of adjusting from the VWP, since I did it myself. I was merely making the point that since it is a legal process for people to both adjust from tourist status (which is very unpopular amongst certain people) and to complete AOS with an overstay from whatever kind of visa (pretty much) this post is not the place for bashing those people. It's a place for supporting them through the process, not assessing their morality for doing so or the law which allows them to.

The explanation is very easy. There must be a definition that explains under which circumstances and in which time period a marriage has to happen so the alien immediate relative is eligible to file for AOS. I really can't imagine that this kind of amnesty is for people who got married after they went out of status.

And the OP posted alot. But she ignored the part of the people who are not eligible.

[ChristinaM 0]

I think that's what upsets people - the fact that even if you're out of status when you marry (and have been for a considerable period), you're still entitled to adjust as if nothing has happened. It's a legal "hole", I guess.

[stinger157 0]

I think that's what upsets people - the fact that even if you're out of status when you marry (and have been for a considerable period), you're still entitled to adjust as if nothing has happened. It's a legal "hole", I guess.

I am not so sure about the "hole". I heard a few stories about people who tried it and where the alien "immediate relative" got deported and got additionally a ban. So there must be some kind of working paper or definition to this law.

[ChristinaM 0]

I know if you enter illegally you can't adjust under any circumstances - do you think that would account for the cases you've heard of, Stinger?

[stinger157 0]

I know if you enter illegally you can't adjust under any circumstances - do you think that would account for the cases you've heard of, Stinger?

These people entered on valid visas but went out of status after a certain time. They thought a marriage would "rescue" them which would be true if any alien immediate relative who enters legally would be eligible. But base line, they are back in europe.

And it is a bit difficult to enter illegaly if you are coming from europe. The only explanation I have for that is, that everyone who violates immigration law before marriage or who marries to get back into status is ineligible to this form of amnesty.

In my understanding this law is for:

- couples who marry spontaneous while on VWP or any other program and violate the program rules this way,

- someone who works illegally to support his american family,

and and and...

In my understanding it is not for:

- someone who comes to the United States on a visa and marries after it expires to get back in status,

- someone where the marriage is not in good faith and just for the reason to get a green card or citizenship

and and and...

That is why I want to look if I can find a definition. It is hard to believe that USCIS would support all of these cases.

And...., yes, I am in Las Vegas, but I go the K-1 way. Even there is no other place where a spontaneous marriage is more common than here. I just don't want to have any problems lateron.

[ChristinaM 0]

Don't confuse it with just marrying on the VWP! Some people do overstay a tourist visa, marry and adjust, other people marry on a tourist visa and file for AOS without ever being out of status.

Otherwise, I'm very interested to see what you can find out.

[stinger157 0]

Don't confuse it with just marrying on the VWP! Some people do overstay a tourist visa, marry and adjust, other people marry on a tourist visa and file for AOS without ever being out of status.

Otherwise, I'm very interested to see what you can find out.

Well, I gave you some examples. An I-94W is not considered a visa. USCIS says that an I-94W is not extendable and that you cannot change to another visa or status. Through this law there is kind of an amnesty to people who file for AOS after entering on an I-94W and having a spontaneous(!) marriage. But of course it has to be spontaneous.

[Kez/JWolf 6]

Most people who marry after entry on a VWP dont have any overstay.... they file before the I-94 expires....

Kezzie

[radacos 0]

Personally, I'm a tad disappointed that the discussion got sidetracked, since I was quite interested in the experiences of adjusters who overstayed.

[Kez/JWolf 6]

yeh it is a shame..... would have been interesting to learn about their experiences.....

Kezzie

[stinger157 0]

Most people who marry after entry on a VWP dont have any overstay.... they file before the I-94 expires....

Kezzie

Most people, Kezzie, right! But not all! There are really some who think that the immigration law of the united states has the same value than the european.

Personally, I'm a tad disappointed that the discussion got sidetracked, since I was quite interested in the experiences of adjusters who overstayed.

radacos,

nothing got sidetracked. The OP ignored basically the fact that there are also other cases where you can get deported even you are "married".

That are details that are also very important and that have to get solved first. Otherwise this posting would cause the impression you can file for AOS no matter what.

That is definately not the case!

[hcj 0]

Stinger,

I know it sounds almost impossible that US immigration law would allow people who have overstayed to adjust their status -- even if they married after they were already out of status. I agree, it makes no sense.

But this is what the current law is. Some "aliens" know this and have exploited it for many years. It's not anyone on this forum, but people do show up on tourist visas, get a job under the table, and proceed to live here until they find a USC to marry. And our immigration laws reward them for breaking the law and allows them to adjust status.

It's not fair. I am the first person to say this loophole should be closed. I'm curious to find out under what circumstances your European friends were denied adjustment, and anything else you can find saying this is not the law. Because everything I have ever read, including the actual immigration law code in "Title 8", as well as experiences with "overstayers" in real life and in online life, has shown me that the current law allows overstayers to adjust status as long as they are married to a USC and they entered legally. Doesn't matter how long the overstay was, doesn't matter if the marriage took place when they were already out of status, ten years after they originally entered the US on a 6 month visa.