I^m so lost, we want to get married but..

[Honugirl 2]

Hello everybody

I'm sorry if my post is not in the right topic, I didn't know where to put it

I sign up to able to share my worries, and maybe somebody can tell me what to do, or what would be a best way to do it.

I^m from Hungary, I met my boyfriend online last March, both of us felt that this is the one. I can^t describe what we felt,it^s like two magnet on two side of the World. He want it to visit me, but he started a school in June, he didn't had a passport so he wouldn't make to Hungary before June. So I decide that well there is a Holiday in order, so I came to San Francisco last June with a VWP.

It was love at first sight, so powerful, its like we knew each other a long time ago. Before end of August, we started to think about that what should we do? Should I go home? If I go home we not going to see each other at least for 6 months. We didn't want that, specially him. So we decided I stay, and when we have the money we get married. We had to move to San Jose last November because of his job, and lately we started to think about marriage.

And then something happened. He got laid off and he is trying to find a job but its super difficult. We had an Idea before that we want it to move to Hawaii, and get married there. But I don't even know if I can fly with an overstay VWP on a domestic flight?

Or we were thinking about to get married before we move, but then we have to stay here for the interviews and for the papers? How long is going that take? We are so lost we don't know what to do, because we have to move out end of this month, and we rather move to Hawaii immediately and not wasting time and money here in San Jose.

So my question is that is that a Leap of Faith to fly with an overstayed VWP? There is a possibility that they might check my status? Is anybody had a same situation? I asked lawyers on a site, but one says there is not going to be any problem and others says the opposite.

I have so many question but this one is the most important one!

Thank you so much for your answers!

Edited April 9, 2014 by DoriM

[Virtuous45 31]

I don't have any information on "overstaying on a VWP", but I do know that an "overstay" in the US in any shape or form, is ILLEGAL especially on a Visa that was not used for the purpose it was given. As is it now, you are out of status and anywhere you go and use your passport, is going to be a problem for you. You will likely be removed from/ or banned from re-entering the US in the future. That will alos pose a problem for you when your husband (petitioner) is ready to file the I-130.

You need an Immigration Lawyer to assist (NOT one who tells you there is no problem). The experts

[canadian_wife 1,808]

Anytime you go out of status it is a risk. Marry ASAP, even at a courthouse, and file your adjustment of status ASAP

good luck

[ckurt 23]

Airports don't check your visa status My wife's K1 was expired when we flew to Michigan from California. They just need to make sure you are who you say you are when you fly So as long as you have some kind of valid ID, you can fly within US, however I would not risk it in your situation Good luck

[charlottelizabeth 11]

I wouldn't risk it in your situation either. You have already knowingly committed visa fraud. You need to marry NOW, and you need to apply for AOS directly after. That should be the priority in my opinion. Good luck.

[belinda63 3,022]

1. He will need either a job meeting 125% of the poverty levels to sponsor you or another person to co-sponsor you before you even think about filing for AOS.

2. The total costs for the filing will run around $2,000 (1-130, 1-485, medical exam, misc). Do you have this much right now to spend on AOS?

3. You are out of status and have been since about August 2013. If caught you might be detained and deported. If you leave or are deported you will have a three year ban from the US (overstay of 180days-364 days) or five year ban (overstay of 365 days or more). You will never be able to use the VWP to enter the US again due to your overstay. Also if you leave he will have to file for a K-1 visa (fiancé) or CR-1 visa (spouse) as well as a I-601 waiver for your overstay. If you are deported add an I-212 waiver to all that.

4. Getting married gives you no status in the US. Until you file for AOS you are here illegally. You will not be able to leave the US until you receive your green card without incurring the ban mentioned in #3.

5. Will taking a domestic flight trigger an immigration issue? Don't know but are you willing to risk it?

6. You do realize Hawaii is a very expensive state to live in right?

7. If you move after filing for AOS you file a change of address with USCIS (form AR-11 I think) to let them know where you are. In fact you and your spouse have to keep them updated until you become a citizen.

[duitta2g15 26]

Overstaying is not illegal. Entering the US without inspection is illegal because you will not be allowed to adjust status in the USA. Since she is in a genuine relationship, she can get married and adjust her status ASAP. You can also travel using your passport domestically because TSA don't look at visa. They only verify information looking at the biographical page of your passport.

[khwaidee1 196]

Airports don't check your visa status My wife's K1 was expired when we flew to Michigan from California. They just need to make sure you are who you say you are when you fly So as long as you have some kind of valid ID, you can fly within US, however I would not risk it in your situation Good luck

They are not supposed to and the only one who will look at your travel documents domestically are they TSA and they have no powers over immigration matters. Or so one would assume. Last year before my wife got her GC we flew from Reno, Nevada to Santa Ana, Calif. My wife used her passport. The TSA agent kept harping on the fact that her visa was expired. I tried politely to explain she didn't need a visa to fly from Nevada to California. So, she called over a supervisor and we went through the same drill. I just kept saying yes, we know it's expired, it's a 1 use visa and we have applied for AOS. Most comical to see these two try and figure out what to do. They gave up, befuddled and we were on our way to cross state lines!

[belinda63 3,022]

Technically overstaying is a violation of US immigration laws so it is illegal and can have consequences including detention and deportation. She can file for AOS, I never said she couldn't, but he is not working. Please read my entire post prior to commenting.

[cazzers 83]

6. You do realize Hawaii is a very expensive state to live in right?

I agree to that, the cost of living in Hawaii is soooo expensive. before moving to hawaii, you should do some research and see if this is the best solution for you two. living in paradise has it's cost!

and like everyone said...get married there, apply for AOS and once you have noa1, then you can show that at the airport with the passport and you should be good to go.

Aloha!

[Honugirl 2]

1. He will need either a job meeting 125% of the poverty levels to sponsor you or another person to co-sponsor you before you even think about filing for AOS.

2. The total costs for the filing will run around $2,000 (1-130, 1-485, medical exam, misc). Do you have this much right now to spend on AOS?

3. You are out of status and have been since about August 2013. If caught you might be detained and deported. If you leave or are deported you will have a three year ban from the US (overstay of 180days-364 days) or five year ban (overstay of 365 days or more). You will never be able to use the VWP to enter the US again due to your overstay. Also if you leave he will have to file for a K-1 visa (fiancé) or CR-1 visa (spouse) as well as a I-601 waiver for your overstay. If you are deported add an I-212 waiver to all that.

4. Getting married gives you no status in the US. Until you file for AOS you are here illegally. You will not be able to leave the US until you receive your green card without incurring the ban mentioned in #3.

5. Will taking a domestic flight trigger an immigration issue? Don't know but are you willing to risk it?

6. You do realize Hawaii is a very expensive state to live in right?

7. If you move after filing for AOS you file a change of address with USCIS (form AR-11 I think) to let them know where you are. In fact you and your spouse have to keep them updated until you become a citizen.

1. He is looking for a job, but we going to have a co-sponsor

2. Yes we do have that amount

3. I know that:(

4. I know that too:(

6. I live in California, depends where you live, if you live in Honolulu, or Maui , or go to Waikiki yes its expensive, other then that, its like in hmm lets say, San Francisco. I have friends there, they live in Ohau

7. Thanks for the tip!

[Honugirl 2]

I agree to that, the cost of living in Hawaii is soooo expensive. before moving to hawaii, you should do some research and see if this is the best solution for you two. living in paradise has it's cost!

and like everyone said...get married there, apply for AOS and once you have noa1, then you can show that at the airport with the passport and you should be good to go.

Aloha!

Thx Cazzers!

What is noa1?

We did a lot of research, and we have friends there, so its not like we just go and we will see. Thank you for your answer!

[nightingalejules 678]

As you know, the longer you stay in the us while out of status, the higher the risk. If you get married ASAP and file for adjustment, you can move during the process, as long as you update your info with the appropriate department.

You have the cash, you have a joint sponsor, all you need is the marriage certificate to start the process.

And overstays are forgiven for spouses, so as soon as you are legally married and have filed your forms you're all set.

Good luck and may love conquer all (even bureaucracy and grouchy VJ posters!)

Thx Cazzers!

What is noa1?

We did a lot of research, and we have friends there, so its not like we just go and we will see. Thank you for your answer!

NOA 1 is the first "notice of action" that you will receive after sending your paperwork in.

[ckurt 23]

Thx Cazzers!

What is noa1?

We did a lot of research, and we have friends there, so its not like we just go and we will see. Thank you for your answer!

NOA1 is a acceptance letter you receive from USCIS telling you they have accepted your petition. It is the first response after you send you package (Please note that NOA1 doesn't mean APPROVE Good luck

[Honugirl 2]

Thank you everybody!