AoS from VWP overstayers - post your stories/timeline here

[edindzeko 0]

Hello people! I am currently married to a USC and we are very happy together. I have overstayed my VWP (Spanish) for about 2 years. We are going to file for AoS and although it seems daunting I am staying hopeful for me and my wife. I found this website and this is what it says as it specifically applies to me

6) Can the Foreign Spouse Travel to the U.S. under the Visa Waiver Program, then Marry and File for a Green Card After Overstaying the 90 Days?

Whereas the process is more clear-cut for couples that file within the 90-day VWP validity period, USCIS adjudication of applications filed when the beneficiary overstays the 90-day period have historically varied. Up until recent years, the attorneys around the country were experiencing different results depending on where their clients were residing. Some USCIS offices were denying applications if the applicant had filed outside the 90-day period and then immediately removing the applicants from the U.S.; others were approving them; and others were holding them in suspense. USCIS attempted to rectify this recently in a correspondence with the American Immigration Lawyers Association (AILA). Essentially, the agency has declared that unless the VWP entrant has already received a final order of removal or is currently in proceedings, he or she is entitled to apply for adjustment of status as an immediate relative (including spouse), despite filing for their Green Card outside of the 90-day period.

This info can be found here: http://www.khurgel.com/sweethearts-vs-immigration-law-timing-issues-related-to-spousalfiancee-petitions/

While I will still hire a lawyer just to make sure that most things go well, I would LOVE if the people here who came here on a VWP, overstayed, married and successfully adjusted would post their stories or timelines here. This can help all of us in the same position.

Many thanks!

[Harpa Timsah 13,258]

You don't need a lawyer for overstay. Overstay from VWP is the same as a visa: forgiven/irrelevant for spouses of USCs who adjust in-country.

Edited October 15, 2013 by Harpa Timsah

[edindzeko 0]

I understand, and thank you for that. So I'm curious now... how or what will cause someone to be in an "order of removal or in the proceedings of it"?

Again, anybody who'd like to share similar stories especially if they've been successful, please do share!

[whatyvonnedidnext 0]

Hey. I came in on a visa waiver from England in February. My husband and I got married in April, filed in May, actually we had a one week overstay lol. Everything was fairly quick, we had our AOS interview in September during which I wasn't asked anything about the initial cause of my visit, the officer was just interested in what we had accomplished jointly AFTER our marriage. We had lots of evidence from before but just a bank account and joint phone contracts. Nonetheless today we had our approval (the only RFE was for my birth certificate)

[whatyvonnedidnext 0]

Oh and we didn't use a lawyer :-)

[ftalm 0]

My husband and I are currently in the process of adjusting from VWP - I came to the US in June and we got married in August; you can see my timeline in my signature -... just like the previous post, we also have about a week overstay. So far so good - we are now waiting to get an interview notification.

Hopefully everything will go well - we have loads of evidence of our relationships, from pictures to plane tickets, to bank accounts, apartment lease, insurance, under both our names. Will keep you updated

Oh and we don't have a lawyer either.

Edited October 18, 2013 by ftalm