Husband overstayed on visa waiver by 3 months

[melody1058 0]

My husband and I have been together for 10 years , married for 4 1/2. We have 2 children , one born in the U.S the other born in Scotland ( which is where my husband is from). I have lived in the U.K. for 6 years on a visa , but we were married in the U.S. My visa had expired for the UK so my children and I moved back to the states on Aug. 1st. My husband came with us , to help with the children (the youngest was only 3 months). My husband was going to go back after the 90 days but our oldest child was having such a hard time adjusting to school , she even got sent to the school GC for 6 weeks because of her anxiety. With all this going on my husband wouldn't leave, afraid it would cause her more stress. We went to talk to a lawyer last week and he said we had 3 options : 1. Leave the country for a week and come back because he hasn't overstayed by 180 days so they legally cant bar him from entry (they can shorten the time he is allowed to stay) 2. Go ahead and file because he hasn't overstayed long enough to be barred but he does run the risk of being picked up or 3. File with the waiver ( the I 162 the one you would use if you overstayed or had been banned)

Would just like some advice if anyone has been in a similar situation. Thank you!

[atm 8]

Is your husband's plan to live in the US permanently? Was he just visiting and you are going to live here permanently?

Has your husband filed for adjustment of status (AOS) to become a permanent resident in the US? If he has, then he cannot leave the US without Advance Parole (approval of I-131) or his Greencard.

We can certainly give advice, but it would be helpful to have a little more background information.

Edited February 9, 2015 by atm

[aaron2020 11,651]

Hi,

The lawyer is a moron.

1. If he leaves with a VWP overstay, he is ineligible to use the VWP again. He would need a visa to enter the U.S. With an overstay, a visitor visa is out of the question. He would need an immigration visa which would take a year.

2. There is no freakin bar if he stays and adjust status to get a green card. This is what I would do.

3. You do not need a stinkin waiver.

Do some research on this site. You will find many people who have overstayed their 90 days on the VWP. Their best move was to file to adjust. No waiver. No leaving the U.S. And no moronic attorney.

Best of luck.

[Boiler 44,950]

Horrible information, no more VWP for him and a B is very unlikely.

File and adjust.

[Teddy B 17,251]

Agree with the advice given. File to adjust status and get a greencard for your husband, just make sure he doesn't leave the US until he has his EAD/advanced parole or the actual greencard. You can follow the guide here: http://www.visajourney.com/content/i130guide2

Hopefully you didn't pay that lawyer any money, he hasn't a clue what he is talking about.

Good Luck!

[melody1058 0]

Is your husband's plan to live in the US permanently? Was he just visiting and you are going to live here permanently?

Has your husband filed for adjustment of status (AOS) to become a permanent resident in the US? If he has, then he cannot leave the US without Advance Parole (approval of I-131) or his Greencard.

We can certainly give advice, but it would be helpful to have a little more background information.

Yes he does want to live here permanently. We had started the process over in the UK , but we were in Scotland and everything has to be done down in London. It cost to much to fly back and forth all the time and my visa expired in June , which meant we couldn't do it from there and the petition was going to expire at the end of August so we decided I would come back, he would come over to help bring the kids then head back to Scotland to sort out the house , etc. Our eldest had such a hard time , he didn't want to leave and here we are 3 1/2 months past the 90 days. Please feel free to ask anything you need to know. I truly appreciate the help.

Melody

[melody1058 0]

Hi,

The lawyer is a moron.

1. If he leaves with a VWP overstay, he is ineligible to use the VWP again. He would need a visa to enter the U.S. With an overstay, a visitor visa is out of the question. He would need an immigration visa which would take a year.

2. There is no freakin bar if he stays and adjust status to get a green card. This is what I would do.

3. You do not need a stinkin waiver.

Do some research on this site. You will find many people who have overstayed their 90 days on the VWP. Their best move was to file to adjust. No waiver. No leaving the U.S. And no moronic attorney.

Best of luck.

LOL Thank you for the much needed advice...... and laugh! My mom suggested getting a second opinion from another lawyer but I decided to try this instead.Glad I did! Thanks again!

Horrible information, no more VWP for him and a B is very unlikely.

File and adjust.

Thank you !

Agree with the advice given. File to adjust status and get a greencard for your husband, just make sure he doesn't leave the US until he has his EAD/advanced parole or the actual greencard. You can follow the guide here: http://www.visajourney.com/content/i130guide2

Hopefully you didn't pay that lawyer any money, he hasn't a clue what he is talking about.

Good Luck!

Thank you so much!

[Boiler 44,950]

Does he need to go back anytime soon? You mentioned a house.

Anyway I will ask a mod to move this thread to the right section as you will be adjusting.

BTW if you go to the London Consulate web site it clearly states that if you have overstayed the VWP you can no longer use it.

[Ryan H 3,810]

Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum.