where to begin?

[Mariz0528 12]

I am so glad to wake up with a positive feedback. Thank you Christeen for giving a good point. Gusandcrys i got you, thank you also for taking time to share your thoughts and so with ManCharsey. Atleast now i have some ideas on how to go through with my case.. Have a blessed and enjoyable weekend everyone!

[Mariz0528 12]

By the way you think there is no need to get the service of a lawyer in my case? I tried to ask around and they are asking for a lot of money...

[f&c 50]

Did you plan to marry BEFORE you came to the United States? If yes, then you can get in trouble with the USCIS and sent back home without being able to come back for 10 years or more.

However, if you decided to get married AFTER you came to the US, then you can get married and file for the Adjustment of Status following this guide very carefully:

http://www.visajourney.com/content/i130guide2

My wife and I did this and she now has her green card. You have to have patience because the process can take many months. Good luck!

exogenesis, how did your wife enter the US from Canada? If by land, did she receive an I-94?

[f&c 50]

By the way you think there is no need to get the service of a lawyer in my case? I tried to ask around and they are asking for a lot of money...

Based on what you've said already, I think you can do it yourself by following the VJ guide and forms' instructions. Good luck whatever you decide!

[ManCharsey 254]

GusandChrys sorry if I keep mentioning your name in my post. I do not mean to be mean at all and if I create that impression, please know that it is not intentional and I am sorry. But with that being I said, I think you are analyzing the situation on a one sided basis. She never in any of her posts said she came here with the intention of wanting to get married and immigrate. She just said she came to see her fiancé and they ended up getting married. Yes she mentioned fiancé but that doesn't mean they had planned to get married right away. Some people get engaged for years before they get married, they could have been visiting each other occasionally and this time out of the sour of he moment decided to get married because they didn't want to be apart. I understand your wanting to sort them about the dangers of AOS with a premeditated intent to marry and adjust status BUT whatever course she takes is entirely up to her and she shouldn't be judged. Perhaps you are not aware but MANY people have done AOS in situations like this and it has worked successfully. In this case, it will even be a very terrible decision if she leaves and uses the k1 visa route since she has already overstayed and will incur the automatic ban. So instead of us continually scaring her off AOS, I think we should be constructive and advise her on how to do the AOS - which is what she is asking about.

It is very possible and I can tell you that her chances of getting approved is over 70% whilst with the K1 visa route her chances are less than 5% and she risks being banned for life or never having a chance to re-enter the US.

[ManCharsey 254]

Do it absolutely by yourself and you will be perfectly okay. Overstays are forgiven in AOS in marriage situations. Just add more evidence to show that your marriage is legitimate. Unless you have more pressing concerns like criminal records etc, then you have no need for a lawyer. There is a a lot of information in this forum to guide you. With that being said I wish you the best of luck and a blessed weekend!

[Mariz0528 12]

Thank you ManCharsey! Once I start with my AOS process I will keep everyone posted so as to help other people as well who is going through the same situation as mine. All the comments are greatly appreciated, thank you all!

[GusandCrys 3]

Yes I see that every case is different. I didn't know about overstays and forgives on that, seems pretty silly to me that they would easily change the rules for people who stay over their allowed time in visas. sexymariz, do whatever is right for you. It just seems to me that if it was that easy, everyone would do it.

[exogenesis 2]

exogenesis, how did your wife enter the US from Canada? If by land, did she receive an I-94?

We both arrived by plane from China, which is where we met since we were both living there for a while. Since she's Canadian she didn't receive an I-94, just a stamp in her passport with a date allowing her to stay for up to 6 months.