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

[duitta2g15 26]

Hope all goes well with you!!!

[Honugirl 2]

I will post it for sure! Thank you again

[cazzers 83]

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!

Well in that case, when you get here, send me a msg, we'll go out for a coffee or something, neighbor

[Honugirl 2]

Well in that case, when you get here, send me a msg, we'll go out for a coffee or something, neighbor

Ok:) I will:) Thx:)

[novedsac 355]

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).

I thought an overstay in excess of one year was a ten year ban ?

[novedsac 355]

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!

TSA are a very low level of security - kinda like rent-a-cops. Is Reno an international airport with a CBP contingent ? I'd be much more nervous at the bigger airports in CA and HI where an over zealous TSA supervisor has CBP resources close by. Could potentially cause a huge headache. I wouldn't risk it.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist VIsas - OP asking about AOS from VWP ~

[Cathi 5,744]

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.

wrong. Overstaying is absolutely 100% illegal.

[tangrien 7]

You'd probably be okay flying to Hawaii domestically, but again, why chance another day out of status? If you are 100% sure you're going to get married, I'd advise to go ahead, move it forward, and adjust status ASAP.

I wish you both the best of luck! I had some family live in Hawaii for a couple years and they made it sound like paradise! (though, as has been pointed out, an expensive paradise). Keep us informed on what happens!

[maeve808 5]

I would not fly if I was in your situation. I'd get married right away and start with the Adjustment of Status process. And until all this is fixed, I wouldn't even think about moving to Hawaii. I myself have lived in Hawaii for 10 years and will be returning there this year with my spouse. I can tell you from first-hand experience that you need to make a LOT of money to be able to afford living there. Many people work multiple jobs or live with their extended family. Here I found a forum where you can ask questions about living in Hawaii: www.to-hawaii.com/forums/Forum-Living-in-Hawaii

Or here is some more useful information: www.to-hawaii.com/moving-to-hawaii.php

Wish you good luck!

Edited April 10, 2014 by maeve808

[PhillyDM 2]

I am sorry to hear your situation.I know that feeling.

Love is blind,and could drive us crazy.

I really want you to make it with him and get happy.

That's why I want you to do the right thing.

Unfortunatelly, VWP overstay after 90 days is considered as "illegal immigrant".

Everybody advised you to get married immediately,but VWP is not the right for marriage purpose.It's only limited to tourism and short term business trip.

My point is that marriage with VWP and apply for AOS itself is red flag as well as overstay.Even if your AOS is accepted,you'll have to go through so many issues at interviews.

Anyways,all I want to say is to go talk to immigration lawyer before you make a move.

Any small things you do/are going to do could be fatal mistakes.There are bunch of immigration lawyer that offers initial counseling for a few hundreds $.

I wish your best!!

[PallasAthena 101]

Hi DoriM

Here is the guide that you should follow to adjust your status: http://www.visajourney.com/content/i130guide2

About traveling domestically, in the past they didn't look at whether you overstay or not. However, when my husband was visiting me last time, we took a flight from Phoenix to NY. When we were going through airport security, they asked us for our boarding passes and ID. My husband showed his passport. The agent flipped to his visa and was staring at it for a long time. My husband wasn't out of status but it goes to show that they will look at your visa. So, for now, stay in California, get married, and adjust your status. Once you have your green card (it will probably take 3 or 4 months), then you will be free to go wherever you'd like worry free.

Hope that helps! Good luck!

[BirdyGirl85 23]

I would not risk flying anywhere until you file for AOS and are approved. I know this was a long time ago, but back in 2008, my husband (boyfriend back then, he was visiting me) and I flew to Florida from California to go to Disneyworld for a week. My husband came to the U.S. on the VWP, and he was still legal to be here, but at the security check in the San Jose airport, they were checking his I-94 for a really long time. They even had other people come look at it. I don't know why they were having so much trouble reading it, I think they were trying to make sure his I-94 wasn't expired. (But that was back when there was paper I-94's)

Edited April 10, 2014 by BirdyGirl85

[Avery Cates 1,141]

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!

Myself I wouldn't risk a flight, and instead focus on getting a legal status before I think of any pipe dreams like moving to Hawaii.

Tally up another spontaneous VWP decision.

Overstaying is not illegal.

[PallasAthena 101]

What would happen if the OP returned back to Hungary and her fiancé petitioned a K-1 for her?

Or if they got married in the US, she returned to Hungary and her husband petitioned a CR-1 for her? Would she need some kind of waiver in either case?