Adjustment of status after expired ESTA

[crazylulu 0]

Hi everyone. I need help with my Adjustment of Status

I've been really worried because of one thing. I am married to a US citizen. We got married in Slovakia in January and he had to return to US in June. I came to visit him for two months in July for my summer vacation and planned to go back home, since I run a business there which I wasn't able to hand over/sell yet. While here, my husband got diagnosed with depression and asked me to stay. So I started looking for people to replace me over the summer which I did at the very last moment and I decided not to return home and stayed here. We had at around 6 weeks after that to file for adjustment of status. However, since I had no documents here for it, I had to ask my mom to mail them to me (including my medical records for the doctor's appointment) and she got the address wrong and everything returned back to Slovakia. I finally got it this last Friday, after it all returned back home and she shipped it the second time. In the meantime my esta expired last week. I already had my vaccinations done, all I need now is to get the medical exam this week and we can file. Are we gonna be in trouble for filing 10 days after my esta expired? Could I be deported? Should I explain this in our packet? I have the postal receipts that show that it was mailed on time but returned and was mailed again. Or do I just not mention it? I would appreciate any kind of advice cause I tried to google it but found lots of confusing info. Thanks in advance!

[Penguin_ie 5,997]

**** Moving from AOS from Family Visa to AOS from Tourist Visa *****

No need to mention it, overstay is forgiven when adjusting status based on marriage to a USC.

[Delboy 6]

**** Moving from AOS from Family Visa to AOS from Tourist Visa *****

No need to mention it, overstay is forgiven when adjusting status based on marriage to a USC.

Best thing to do is to see an immigration attorney to discuss your situation it will help you to understand your options and give you peace of mind.

[Cathi 5,794]

Best thing to do is to see an immigration attorney to discuss your situation it will help you to understand your options and give you peace of mind.

No need whatsoever for an attorney, overstay will be forgiven for spouse of US citizen when adjusting status Edited October 15, 2013 by mimolicious

[civilservant 42]

So you were already married when you entered, and now you are adjusting status? Good luck trying to prove non-immigrant intent!

[ValerieA 350]

So you were already married when you entered, and now you are adjusting status? Good luck trying to prove non-immigrant intent!

OP won't have to.

[civilservant 42]

Yes, they will. The presumption of immigrant intent is still required to be rebutted. The OP entered on the VWP, which means that if the Interviewing Officer believes FOR ANY REASON the AOS should be denied (including believing they lied on entry, even if they didn't) that there is no appeal and they will become immediately removable and possibly banned.

That is the risk taken when attempting to AoS from VWP.

The advice on this thread, and this forum generally, is appallingly inaccurate.

[ValerieA 350]

Intent can not be used as a reason to deny, even if they suspect it. Look at the little linky thing in my signature. I agree, often the advice on this forum is appalling, mostly the stuff coming from people who applied for a K-1 or CR-1 visa and have no experience in AOS from a tourist et al visa.