Overstay VWP & married

[Alsinet 0]

Hello,

I came in the USA on a VWP in 2011, met my husband, a US citizen, whom I married a few months after but I was still authorized on US territory. After my marriage, at the time, I had no idea I actually overstayed my VWP, I didn't know I did anything wrong, I wasn't being told that I would have to come back to my country, nobody explained anything to me, they said "Welcome to the USA" and that's it. Everybody was so nice and I know they say no one should ignore the law but at the time I didn't know what the law was; everytime I showed my passport to different officers, for travelling as an example, they didn't say anything to me. We stayed married for all that time with my husband and today, in 2013, I'd like to know what should I do to adjust my status. Should I go to an immigration office or call somebody, I heard I would need to fill out some forms. Please help me, I want to stay with my husband, USA is MY HOME now, not the country I come from.

[Merrytooth 5,748]

Please read the http://www.visajourney.com/content/i130guide2

[Harpa Timsah 13,258]

You mention traveling. Did you ever leave the country or are you talking abut traveling within the US?

[Alsinet 0]

I read it. I would be then in that case: "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

Is that the only option? I mean we have stayed married the whole time, it clearly shows it is not a fraud case, plus my husband is sick and we can't afford to go together in my country of origin.

You mention traveling. Did you ever leave the country or are you talking abut traveling within the US?

I travelled within the US, by plane.

Edited February 26, 2013 by Alsinet

[Harpa Timsah 13,258]

Did you lie at the Port of Entry? What were you asked when you entered?

Intent to immigrate on a non-immigrant visa is, by itself, not enough of a negative factor to deny an Adjustment of Status. But any statement you made at the Port of Entry can be. You have already overstayed and will have a ban if you leave, so filing for AOS from within the US is better for you, unless you otherwise lied to gain admission.

[Alsinet 0]

Did you lie at the Port of Entry? What were you asked when you entered?

Intent to immigrate on a non-immigrant visa is, by itself, not enough of a negative factor to deny an Adjustment of Status. But any statement you made at the Port of Entry can be. You have already overstayed and will have a ban if you leave, so filing for AOS from within the US is better for you, unless you otherwise lied to gain admission.

I didn't lie. At the port of entry they asked me what was the purpose of my presence in the US. I answered I was about to visit some friends, then the officer asked me if I intented to work, I said no, which was the truth at the time, I just wanted to visit some people, the situation then changed, once I met my husband I wanted to stay here with him. That's it.

[Harpa Timsah 13,258]

So if the situation changed then you did not intend to immigrate, so the above warning does not apply to you.

Please explain how the above warning applies to you...

[Done--Really 331]

AOS will be a piece of cake. You entered legally, met your guy some time later, got married, and have never left the country. A few forms, a few $$, and you will have your green card. Really simple.

[Alsinet 0]

AOS will be a piece of cake. You entered legally, met your guy some time later, got married, and have never left the country. A few forms, a few $$, and you will have your green card. Really simple.

So that's really that simple? Even if I overstayed my VWP just the fact to be married to a US citizen makes me eligible to AOS? We need to wait now to gather money for it... Thanks for the answers.

[newacct 688]

So that's really that simple? Even if I overstayed my VWP just the fact to be married to a US citizen makes me eligible to AOS? We need to wait now to gather money for it... Thanks for the answers.

Yes. Just make sure to not get deported before you file, and you'll be set.

[Done--Really 331]

Really, really important that you under NO CIRCUMSTANCES leave the country before you are 100% through the entire AOS process.

Also, start reading the AOS section here on VJ to understand what folks go through, some pitfalls, and generally to have a support system.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Edited February 27, 2013 by magical

[Done--Really 331]

Chances of deportation are very slim so long as you haven't been sideways with the law, and even if ICE should find you for some remote reason, more times than not you would be given a chance to AOS since you are already married...deportation should be the least of your worries.

Try to scrape together the $$ to make the initial filing, and then you will have your GC in just a few months. Heck, I'd borrow the money just to get the process going--this is life changing, so let's go girl !!

[Alonso&Sheryl 10]

Your case is kind of the same as mine.

I came on a tourist visa many many years ago. Overstayed (my parents' decision, not mine). I lived my life, made the U.S. my country, fell deeply in love, got married, and now I am adjusting my status through marriage, my wifey is a us citizen.

Nothing to worry about. Just put together about $1400 for the fees. But always remember, ignorance is not an excuse. Gotta research everything before making a decision. So if you wanted to stay in the states, you should have researched how.

Quick question, how long have you and your husband been married?

[Alsinet 0]

Chances of deportation are very slim so long as you haven't been sideways with the law, and even if ICE should find you for some remote reason, more times than not you would be given a chance to AOS since you are already married...deportation should be the least of your worries.

Try to scrape together the $$ to make the initial filing, and then you will have your GC in just a few months. Heck, I'd borrow the money just to get the process going--this is life changing, so let's go girl !!

Thanks for the answer, that is very encouraging, I'll do that

[Alsinet 0]

Your case is kind of the same as mine.

I came on a tourist visa many many years ago. Overstayed (my parents' decision, not mine). I lived my life, made the U.S. my country, fell deeply in love, got married, and now I am adjusting my status through marriage, my wifey is a us citizen.

Nothing to worry about. Just put together about $1400 for the fees. But always remember, ignorance is not an excuse. Gotta research everything before making a decision. So if you wanted to stay in the states, you should have researched how.

Quick question, how long have you and your husband been married?

We have been married for a little more than a year now. Why? We will start gathering the money and fill out the forms.