Overstay VWP & married

[Justine+David 218]

If you are denied, there is no appeal available to the VWP, in which case you'll have a 10 year ban when you're deported for the overstay.

Ignorance is no excuse...

You'll probably be lucky and adjust with no issues, but this laissez-faire mindset you have should change. You're talking about your livelihood, the ability to stay with your husband legally. It's extraordinary to me how people think that they can stay in a country just because they want to and not a single thought to the legalities...

[suganspyce42 5]

If you are denied, there is no appeal available to the VWP, in which case you'll have a 10 year ban when you're deported for the overstay.

Ignorance is no excuse...

You'll probably be lucky and adjust with no issues, but this laissez-faire mindset you have should change. You're talking about your livelihood, the ability to stay with your husband legally. It's extraordinary to me how people think that they can stay in a country just because they want to and not a single thought to the legalities...

Hi, I have to say your comment is so true, this might be a little off topic, but to say the least, she will probably be lucky enough to adjust and I am not begrudgingly saying this but the immigration laws are kind of messed up. People filing for spousal and fiance visas get denied all the time and have tons of proof for strong ties in a relationship but then you have people that are just visiting, overstay then adjust status and never have to leave.

[Benediction 15]

^^^Agreed

[jajaju 33]

Although you seem excited and happy to hear how easy this could be, please don't forget to consider the negative consequences of your petition not going so well. ie, Legal fees, being red flagged, having to return to home country anyway so doing the process twice. It's said the situation worst frowned upon and with the most harsh consequences is people overstaying WVP.

I am in a similar situation to you where I had the purest of intentions, and I've chosen to soon return to my home country and do it the 'right' way. Simply because I understand my ignorance has left me in a situation where I couldn't expect any immigration officer to presume anything but fraudulent intentions.

On a good note, spouses are considered first relatives so don't have to go on a waiting list for a visa number, so it's not likely to be a wait of more than 4 to 6 months worst case. Get your spouse to file I-130 petition from the US and travel to your home country only when things start happening (interview etc) and you won't have to be away for long at all.

Hope this helps give another perspective.. Many immigration attorneys will give free advice on the phone, but be aware they may encourage you to take the more 'risky' path because it's also more expensive and higher attorney fees!

**all this info from my immigration attorney.

[bigdog 376]

A little slip and slide and bingo you are in.

[Harpa Timsah 13,258]

Hi, I have to say your comment is so true, this might be a little off topic, but to say the least, she will probably be lucky enough to adjust and I am not begrudgingly saying this but the immigration laws are kind of messed up. People filing for spousal and fiance visas get denied all the time and have tons of proof for strong ties in a relationship but then you have people that are just visiting, overstay then adjust status and never have to leave.

Please understand that someone adjusting within the US also needs to show proof of a bona fide relationship, and if they cannot, they are denied and deported.

[AmyWrites 593]

If you are denied, there is no appeal available to the VWP, in which case you'll have a 10 year ban when you're deported for the overstay.

Ignorance is no excuse...

You'll probably be lucky and adjust with no issues, but this laissez-faire mindset you have should change. You're talking about your livelihood, the ability to stay with your husband legally. It's extraordinary to me how people think that they can stay in a country just because they want to and not a single thought to the legalities...

Unfortunately the US media has painted this whole idea that marriage to a USC = automatic green card, I'm not surprised.

[ValerieA 350]

If you are denied, there is no appeal available to the VWP, in which case you'll have a 10 year ban when you're deported for the overstay.

If the OP goes home and tries to get a CR-1 they will get a 10-year ban that will require waivers, additional time and expense.

OP, do NOT leave the US until you have your green card, or you will have additional problems. AOS is legal, otherwise they wouldn't allow it. There is no 'right' way to do immigration, it depends on each person's situation within the framework of legality.

[newacct 688]

I am in a similar situation to you where I had the purest of intentions, and I've chosen to soon return to my home country and do it the 'right' way. Simply because I understand my ignorance has left me in a situation where I couldn't expect any immigration officer to presume anything but fraudulent intentions.

On a good note, spouses are considered first relatives so don't have to go on a waiting list for a visa number, so it's not likely to be a wait of more than 4 to 6 months worst case. Get your spouse to file I-130 petition from the US and travel to your home country only when things start happening (interview etc) and you won't have to be away for long at all.

The OP shouldn't leave the U.S. Their overstay will cause a (3- or 10-year) ban if they leave the U.S. now.

On the other hand, overstay is not a problem for AOS for immediate relatives of U.S. citizens.

Edited February 28, 2013 by newacct

[del-2-5-2014 1,339]

Hi, I have to say your comment is so true, this might be a little off topic, but to say the least, she will probably be lucky enough to adjust and I am not begrudgingly saying this but the immigration laws are kind of messed up. People filing for spousal and fiance visas get denied all the time and have tons of proof for strong ties in a relationship but then you have people that are just visiting, overstay then adjust status and never have to leave.

Thanks.

[Justine+David 218]

If the OP goes home and tries to get a CR-1 they will get a 10-year ban that will require waivers, additional time and expense.

OP, do NOT leave the US until you have your green card, or you will have additional problems. AOS is legal, otherwise they wouldn't allow it. There is no 'right' way to do immigration, it depends on each person's situation within the framework of legality.

I never said she should go home. I said that if she was denied, then there are no appeals allowed in VWP applicants, in which case she'd be deported and slapped with a 10 year ban.

You're right, there are many ways to getting legal status. I suppose I should feel unlucky that I had common sense to think about legalities when dating my foreign boyfriend, but somehow I think I got the better end of the deal in life