Overstay of Visa a problem for my husband? (entered legally under VWP)

[nathalieg 1]

Hello ladies and gentlemen I wanted to discuss my situation with you all since advice is much needed.

My husband and I met originally through Facebook by luck, he is from Greece and I was born here in California. We

maintained in contact through letters/internet/skype etc from 2009-2010 at which point we physically met.

He traveled to Los Angeles on my birthday in September 2010. Much of the reason we wanted to meet was to be sure how we both felt about each other

and when he came here to Los Angeles we were sure that we were in love and wanted to make our relationship something permanent.

He went back to Greece however because I was a student at the time and we both did not have any financial means by which to support each other and needed to save up to file for a K1 Visa through our lawyer.

He came to California in March of this year and as the time came closer in him having to leave, we both were

emotionally spent and could not stand the thought of being away from each other as we had been previously doing. So we both decided we wanted

to marry and did so earlier this month. He came here on March 1st through the Visa Waiver Program, and the stamped date marked on his visa

was valid until May 29. We will be ready to file for his adjustment of status in late August, so he would have overstayed by that time a little less then 3 months. I am really concerned about this. He did enter legally both times he came to visit me and he was traveling under the Visa Waiver Program both times

since his country is under the VWP.

Just some background information to keep in mind: When we first met he went to the US Embassy in his country

to try to obtain a tourist visa to travel to see me, but his application was denied since he was not employed at the time and he was not a student

so he really had nothing to come back to his country for besides family. About a month and a half after his tourist visa was denied, Greece

entered the Visa Waiver Program though I think they put him on a certain list of people who have been denied tourist visas before because

the two times that he traveled here with the VWP they questioned him to try to get him to say that he came here to work illegally and to marry me

which was not the case at all. Since he is 22 years old, when they saw a young man they imagined that was his intention. But our intention was never

for him to stay here permanently we just decided in the end that we wanted to be together and not waste any more time apart.

I did have a lawyer when he was in Greece when we were thinking of filing for the K1 Visa and he advised me that his denial of a tourist visa

had nothing to do with us filing for the K1 and would not affect our case, since he was granted admission to the US on both occasions even

though he was questioned and he entered legally under the VWP. Also the reason he was questioned is because when he bought the tickets to come

to the US a travel agency in Greece booked his tickets and filled out his ESTA information, and on the ESTA they indicated that he had not

been previously denied a visa, even though he told them that he was. He explained this to them and they verified that he was telling the truth

and he was admitted into the US (this was on his first visit). My then lawyer also advised me that because he was allowed into the country that

it would not affect our case negatively

So my final question is does the fact that he has overstayed his visa by 2-3 months under the VWP affect our case when we are ready to file for an adjustment of status and if so in what ways would it impact our case negatively?

Thank you very much in advance I appreciate you all taking the time to read this

We all can understand how stressful dealing with these things can be

[Kazulie 132]

Generally, being married to a USC overrides an overstay. You shouldn't have any problems. He cannot leave the States until visa is in hand though.

[nathalieg 1]

Generally, being married to a USC overrides an overstay. You shouldn't have any problems. He cannot leave the States until visa is in hand though.

Yes I assumed that as well. Thank you for your help!

Generally, being married to a USC overrides an overstay. You shouldn't have any problems. He cannot leave the States until visa is in hand though.

Just another quick question, how long does the AOS process usually take from beginning to end?

[Lornaevo 48]

Yes I assumed that as well. Thank you for your help!

Just another quick question, how long does the AOS process usually take from beginning to end?

It's a short process if married to a USC which you are. My Wife petitioned for me on May 22 and we have our interview on August 15. So less than 90 days.

Edited July 20, 2012 by Lornaevo