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

[EM_Vandaveer 2,408]

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?

Yes, because of her overstay. Better to stay, get married and file for AOS. OP, don't worry, it'll most likely go OK. I adjusted from VWP, too, although I did not have overstay. Once you get your NOA1 after filing, you will be in a new status ("AOS pending"), so you will be authorized to stay while USCIS is working on your case. However DO NOT leave the country until you have your Green Card in hand, because leaving before then would start a ban and cause problems.

[EM_Vandaveer 2,408]

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?

Yes, because of her overstay. Better to stay, get married and file for AOS. OP, don't worry, it'll most likely go OK. I adjusted from VWP, too, although I did not have overstay. Once you get your NOA1 after filing, you will be in a new status ("AOS pending"), so you will be authorized to stay while USCIS is working on your case. However DO NOT leave the country until you have your Green Card in hand, because leaving before then would start a ban and cause problems.

sorry, accidental double post.

[blest.but.strest 50]

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!

Hi DoriM, to answer your question. Yes you can fly anywhere within the USA and TSA at the airport won't give you any problems. TSA are not immigration so they don't look at your status they just look at your valid passport page to see if you are the person listed on the boarding pass. Since you mentioned that you are in California, even tho you are in northern Cali, in the bay, Keep in mind that at some US airports at various cities close to the Mexican border, DHS/CBP has set up immigration check point before the TSA Checkpoint and if you would encounter one of those then you would be in trouble. It was a poor decision from you to overstay but at this point you need to move forward and go through the right procedure to adjust your status. The entire green card AOS process could take as little as 3-5 months to as much as 3-5 years or more depending on how smoothly your interview(s) goes and what kind of documents you send with you AOS package and bring to the interview. I suggest you get a lawyer to help you file and to make sure everything is done properly.

You should not have a problem flying from San Fran, San Jose or Oak to Honolulu

Good luck

[duitta2g15 26]

I say it again!!! If you are an immediate family of US citizen and overstay your I-94, you are allowed by law to adjust status while you remain in the USA. This law of being illegal doesn't really applied to immediate relative because they can adjust their status. Overstaying your visa Is not illegal if the permited stay on the I-94 exceed the visa expiration date. I say again, it's not illegal

[Boiler 45,402]

Confusion about civil and criminal law, she can of course be deported and there are plenty of examples on here of cases where that has happened.

But there are tens of millions of people in a similar situation, the chances are low.

Chances of being picked up flying internally are also very low, but it happens.

Safest option is to get married and file, as soon as you have filed you are under the colour of law and are essentially good.

Depends on your risk tolerance.

Edited April 10, 2014 by Boiler

[Honugirl 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!!

Hello Philly,

I know that WVP is not the right one for marriage purpose, and that it can cause problems, but last November a new memorandum came out: http://www.us-immigration.com/blog/adjustment-of-status-for-relatives-admitted-under-the-visa-waiver-program

So I guess its not like before, I entered the US legally, but I'm out of status so with this new memorandum, I think there is more chance that I'm not going to have a red flag, correct me if I'm wrong

[Boiler 45,402]

You can marry file and adjust.

[Honugirl 2]

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.

Pipe dreams....hmm .I'm never going to understand why people are so judgmental sometimes. Specially if you don't even know the people you are judging.

If we would be spontaneous we would got married last summer...

[christeen 966]

Marry there a file for AOS so you are covered as immediate family and file there so you have some status... Give yourselves that piece of mind. Don't pay attention to the haters, remember most of the country just went through a terribly cold winter and the thought of living in Hawaii brings out some jealousy.

[tangrien 7]

Your case isn't as unique or difficult as it feels (I know it can feel that way, but this situation is quite common). From the looks of it, you are fine to marry and adjust status. Avoid flying before you file your AOS, because honestly while it is a relatively small risk of something going wrong, why risk it at all?

You can ignore those who incite fear in you, the ones telling you to "do the right thing" and return home and apply for a K-1 visa. That may be the right thing for them, but if you are sure right now you are going to marry this guy, then it may not be the right thing for you. Unless you want to be separated from your fiance for the next 6-12 months.

Lastly, you likely won't need an attorney. Again, your situation is not as dire as you may think. Overstays are forgiven for spouses of US citizens. If you can follow the guides on this site, you should be fine.

Good luck!

[Soul Froosh 31]

I wouldn't risk it in your situation either. You have already knowingly committed visa fraud.

I try to stay away from these forums as much as possible because of condescending (and scaremongering) posts like this.

We know this lady's back story, and we know AOS exists for overstays who have met "The One"

It isn't "visa fraud" to skip that return flight back to Europe when there are plans to marry and stay with your USC. That's exactly why AOS exists and overstays are overlooked in those cases.

Seems to be a lot of venting and hard feelings bubbling deep down in the posters here who went down the arduous CR-1 route.

Edited April 10, 2014 by Nick Loves Rosie

[charlottelizabeth 11]

I try to stay away from these forums as much as possible because of condescending (and scaremongering) posts like this.

We know this lady's back story, and we know AOS exists for overstays who have met "The One"

It isn't "visa fraud" to skip that return flight back to Europe when there are plans to marry and stay with your USC. That's exactly why AOS exists and overstays are overlooked in those cases.

Seems to be a lot of venting and hard feelings bubbling deep down in the posters here who went down the arduous CR-1 route.

AOS does not exist for cases such as hers. Just because it can work for her & she can be forgiven for it, doesn't mean that's what it was created for. Knowingly overstaying a visa while not marrying or attempting to adjust status is visa fraud no matter which way you slice the cake (10 months have gone by since she entered - a quick courthouse marriage is not expensive) - I was simply stating a truth. My advice was to marry and apply for AOS. That is my opinion and I stick to it.

And I didn't go the CR-1 route so not sure what that's about.

[KayDeeCee 4,893]

As others have said, just marry and file for AOS. Follow this guide > http://www.visajourney.com/content/i130guide2

Once you file and receive your receipt notice for the I-485, you will be a period of authorized stay while waiting for your adjustment to be processed. Travel after you receive the receipt notice(bring a copy with you just in case) and no worries of anyone checking for your current status.

[Soul Froosh 31]

AOS does not exist for cases such as hers. Just because it can work for her & she can be forgiven for it, doesn't mean that's what it was created for. Knowingly overstaying a visa while not marrying or attempting to adjust status is visa fraud no matter which way you slice the cake (10 months have gone by since she entered - a quick courthouse marriage is not expensive) - I was simply stating a truth. My advice was to marry and apply for AOS. That is my opinion and I stick to it.

And I didn't go the CR-1 route so not sure what that's about.

Visa fraud? Really? Would you like to define "visa fraud"?

She never had a visa to begin with, and she doesn't have one now. In essence she has violated immigration law, with some good reason (which will later be recognized by the USCIS and overlooked)

Yes, she should marry and file asap. That is good advice and all that was needed to be said.

Accusing someone of visa fraud is a serious matter. It's not something to be casually flung around internet forums.

Edited April 10, 2014 by Nick Loves Rosie

[Honugirl 2]

AOS does not exist for cases such as hers. Just because it can work for her & she can be forgiven for it, doesn't mean that's what it was created for. Knowingly overstaying a visa while not marrying or attempting to adjust status is visa fraud no matter which way you slice the cake (10 months have gone by since she entered - a quick courthouse marriage is not expensive) - I was simply stating a truth. My advice was to marry and apply for AOS. That is my opinion and I stick to it.

And I didn't go the CR-1 route so not sure what that's about.

As I mentioned before there is a new memorandum came out last November and it says that people with overstayed VWP can adjust status true marriage.