601 and yearlong overstay

[brokensemaphore 0]

In December of last year, my husband (just my boyfriend at the time, not fiance) came from the UK to the US on a visa waiver. Blah blah blah, long story short, we got married and didn't file the right paperwork (or not all of it, anyway). We filed the petition for alien relative, and got a receipt back the day after his waiver expired in March. It was then approved in May. Then we were told that we should have filed for his adjustment of status at the same time (he wants to immigrate here and be able to work, etc.), and that he was out-of-status.

We're getting everything together now to send the AOS, but we were told that since by the time they get it, he'll have overstayed longer than a year, if the AOS gets denied, he'll incur the 10-year bar. Is that correct? The reason I'm posting in this forum is because someone who's gone through the process told us that if we file a 601 it won't matter that he overstayed. Is that right? We don't expect his paperwork to be approved, just because he'll have overstayed for so long, but if what we were told is accurate, it seems we have a bit of hope.

Last question: if we were to leave the US, what would that do to his status here? Would we be able to just complete his paperwork from the UK since he left of his own accord, or would that somehow hurt his status?

Thanks to anyone who can offer some insight!

Edited January 6, 2007 by brokensemaphore

[kitkat1 5]

In December of last year, my husband (just my boyfriend at the time, not fiance) came from the UK to the US on a visa waiver. Blah blah blah, long story short, we got married and didn't file the right paperwork (or not all of it, anyway). We filed the petition for alien relative, and got a receipt back the day after his waiver expired in March. It was then approved in May. Then we were told that we should have filed for his adjustment of status at the same time (he wants to immigrate here and be able to work, etc.), and that he was out-of-status.

We're getting everything together now to send the AOS, but we were told that since by the time they get it, he'll have overstayed longer than a year, if the AOS gets denied, he'll incur the 10-year bar. Is that correct? The reason I'm posting in this forum is because someone who's gone through the process told us that if we file a 601 it won't matter that he overstayed. Is that right? We don't expect his paperwork to be approved, just because he'll have overstayed for so long, but if what we were told is accurate, it seems we have a bit of hope.

Last question: if we were to leave the US, what would that do to his status here? Would we be able to just complete his paperwork from the UK since he left of his own accord, or would that somehow hurt his status?

Thanks to anyone who can offer some insight!

Overstay on a legal entry is generally forgiven via marriage to a USC. You should consult a qualified immigration attorney just to be clear on the possible outcome at the AOS interview but he should not leave the US - in that case he will trigger the ban and a 601 will surely be required.

[Lonely-in-Ireland 0]

Trust me, Contact a GOOD immigration Lawyer ASAP!....My husband and i married in 2004, he came over on a visa waiver in 2002 from Ireland. At the time of our marriage, we filed all of the necessary paperwork, and waited and waited, AND WAITED...we finally had our Interveiw, we thought it went well, and then heard nothing for almost a year afterwards, they even went so far as to, send us a SS card for him as well as a work permit!....In September 2005, they took him from our home very early in the morning while i was at work, wouldnt even let him get dressed!...And they put him in prison for 2 months awaiting deportation. They wouldnt even let me see him. We were told when we were married, that since we were married, his overstay would be forgiven. And when they arrested him, he was COMPLETELY LEGAL!....But it turns out that his overstay voided that somehow. Please, if you can, get a qualified lawyer, obviously, i didnt get a good enough one, and i am no definately paying for it!....I hope this didnt scare you, i just hope this doesnt happen to anyone else! it is really the visa Waiver, that screws everything up, when you get one, you waive ALL RIGHTS!...they are dangerous things!

GOOD LUCK, and please take my advise!

Erin

Feel free to send a message with more questions! I am online all the time!

[stressed 0]

Trust me, Contact a GOOD immigration Lawyer ASAP!....My husband and i married in 2004, he came over on a visa waiver in 2002 from Ireland. At the time of our marriage, we filed all of the necessary paperwork, and waited and waited, AND WAITED...we finally had our Interveiw, we thought it went well, and then heard nothing for almost a year afterwards, they even went so far as to, send us a SS card for him as well as a work permit!....In September 2005, they took him from our home very early in the morning while i was at work, wouldnt even let him get dressed!...And they put him in prison for 2 months awaiting deportation. They wouldnt even let me see him. We were told when we were married, that since we were married, his overstay would be forgiven. And when they arrested him, he was COMPLETELY LEGAL!....But it turns out that his overstay voided that somehow. Please, if you can, get a qualified lawyer, obviously, i didnt get a good enough one, and i am no definately paying for it!....I hope this didnt scare you, i just hope this doesnt happen to anyone else! it is really the visa Waiver, that screws everything up, when you get one, you waive ALL RIGHTS!...they are dangerous things!

GOOD LUCK, and please take my advise!

Erin

Feel free to send a message with more questions! I am online all the time!

---------- ------ HELLO i hope you don't mind to much but after reading your coments i have a Question, i'm told that because my mexican wife was in the usa illegal for 4 years i must apply for a 601 waver, even though i have an approved I-130 I'M TOLD i need the waver to get passed the 10 year bar, what could be the chance that not even the waver will help, i'm american and she and i have been married 6 years now, thanks for allowing me to ask this.

[Lonely-in-Ireland 0]

Trust me, Contact a GOOD immigration Lawyer ASAP!....My husband and i married in 2004, he came over on a visa waiver in 2002 from Ireland. At the time of our marriage, we filed all of the necessary paperwork, and waited and waited, AND WAITED...we finally had our Interveiw, we thought it went well, and then heard nothing for almost a year afterwards, they even went so far as to, send us a SS card for him as well as a work permit!....In September 2005, they took him from our home very early in the morning while i was at work, wouldnt even let him get dressed!...And they put him in prison for 2 months awaiting deportation. They wouldnt even let me see him. We were told when we were married, that since we were married, his overstay would be forgiven. And when they arrested him, he was COMPLETELY LEGAL!....But it turns out that his overstay voided that somehow. Please, if you can, get a qualified lawyer, obviously, i didnt get a good enough one, and i am no definately paying for it!....I hope this didnt scare you, i just hope this doesnt happen to anyone else! it is really the visa Waiver, that screws everything up, when you get one, you waive ALL RIGHTS!...they are dangerous things!

GOOD LUCK, and please take my advise!

Erin

Feel free to send a message with more questions! I am online all the time!

---------- ------ HELLO i hope you don't mind to much but after reading your coments i have a Question, i'm told that because my mexican wife was in the usa illegal for 4 years i must apply for a 601 waver, even though i have an approved I-130 I'M TOLD i need the waver to get passed the 10 year bar, what could be the chance that not even the waver will help, i'm american and she and i have been married 6 years now, thanks for allowing me to ask this.

You will definately need an I-601, otherwise if she is out of the country, she could be denied entry, as long as you get this appreoved, she should be fine. There is a long wait from what i have heard though. Goto Uscis.gov and they have a list of what dates they are working on for each petition.

Hope this helped, feel free to email me.

Oh, and can i ask?...Did your I-130 get approved after your first interveiw? I have heard that if you have a ban, they may deny it the first time around?