Consequences of overstaying VWP

[Marco&Bettina 502]

Amaryia, I know I've probably said this before when you've asked, but I'll mention it again.

Long-distance relationships are not easy. Especially ones in the situation that you now find yourselves in. But the fact is now that you've married him, and that complicates things even more -- but I think you were aware of that, since the last time you asked, you were debating about getting married.

Now, I've been in my relationship for ten plus years. That is a painfully unbearable amount of time to be apart. Our situation has not been easy and we've sacrificed. He put himself through college and university in that time, worked, and has saved to go towards our future. In your case, you are in nursing school -- and that is something you'll hopefully finish, because it certainly will better your job perspectives, and your probable primary goal right now is to support and better the life you have and your kids that especially depend upon you.

That is one of the reasons why last time, I suggested he return home, seek employment or further education, and start saving so that by the time you finish your training perhaps you'd all be a lot more financially stable. Of course that requires separation; it requires patience, endurance, courage, trust, and above all love.

And so, me suggesting the very same thing again, even if you are married, is going to seem unbearable to you and even harsh, but you know yourself the predicament you find yourself in. You now have a husband that is there illegally, cannot work, and you are financially unable to file paperwork making him legal. So I would say find the courage between yourselves and have him return home. He should start trying to find any job he can and save, while you finish your education. Then when you are both ready and able, file. It will be hard, but there really aren't any other options. Fear can be the greatest obstacle. Love and common sense can often best it.

Your post was very constructive but it's stupid to complain about 10+ years being apart from your SO, when yall chose to wait 5 years to be engaged to marry & then 5 more years to file I-129F. I know I don't know you personally & I know not why you made the decisions that you did. But you can't compare 10 years of chosen separation with mandatory time apart during a Spousal Visa of 1-2 years.

[yuna628 9,676]

Your post was very constructive but it's stupid to complain about 10+ years being apart from your SO, when yall chose to wait 5 years to be engaged to marry & then 5 more years to file I-129F. I know I don't know you personally & I know not why you made the decisions that you did. But you can't compare 10 years of chosen separation with mandatory time apart during a Spousal Visa of 1-2 years.

I wasn't complaining about it. Merely pointing out a separation is a separation no matter the reason for it. People have to make sacrifices when in these kind of situations, whether they are married, engaged, or apart for a long period of time due to certain circumstances. Like Amaryia we chose not to file previously because we could not. Amaryia is in a certain circumstance. They chose to marry, even after being told by many different posters here that AOS and financial sponsourship would be needed. She's fully aware of the situation she's in. If her husband chooses to return home instead of remaining here illegally, it is still a choice. Since she is seeking an education as a nurse, and her husband is not employed yet in the UK, I suspect the waiting period will be quite a bit longer than what is mandatorily required before either one of them would be financially able to follow the requirements under the law. Separation for any reason is difficult and painful, the circumstances as to why makes little difference. We still experience the same feelings because of being apart.

[Marco&Bettina 502]

I wasn't complaining about it. Merely pointing out a separation is a separation no matter the reason for it. People have to make sacrifices when in these kind of situations, whether they are married, engaged, or apart for a long period of time due to certain circumstances. Like Amaryia we chose not to file previously because we could not. Amaryia is in a certain circumstance. They chose to marry, even after being told by many different posters here that AOS and financial sponsourship would be needed. She's fully aware of the situation she's in. If her husband chooses to return home instead of remaining here illegally, it is still a choice. Since she is seeking an education as a nurse, and her husband is not employed yet in the UK, I suspect the waiting period will be quite a bit longer than what is mandatorily required before either one of them would be financially able to follow the requirements under the law. Separation for any reason is difficult and painful, the circumstances as to why makes little difference. We still experience the same feelings because of being apart.

I won't disagree with you. Your point is valid.

[Rosie1563 6]

I'm just going to put this out there.. Don't take this the wrong way but...

You had already asked this question when your bf first came here and you decided after him having been here a week that you didn't want him to go back and you wanted to marry him. You asked what would happen if he overstayed his VWP. Everyone told you what would happen and also the consequences. Everything was broken down to you then and back then you had said you wanted to marry him and that you would not be able to meet the income requirements for 4 years. Everyone advised you then that this was not a good idea for him to be out of status for that long. You didn't like the answers everyone gave you as you insisted that he had been questioned heavily while entering the country and you were afraid he would not be allowed to return due to him being questioned. After having overstayed VWP he will never be allowed to use that to enter the country again. Now you have married him and have opened up another can of worms in my opinion. Nothing changed from when you last asked. You still aren't able to meet the income requirements, you don't want him to get banned, you married him after countless people told you that this was probably not the best choice, and you don't have a co-sponsor. We have all made sacrifices and have been away from our loved ones while we go through this process. We tried to give you the best advice possible in the situation that you were in. After everyone gave you their advice, I was really hoping you would have taken the advice and had allowed him to go back home without overstaying his VWP and ruining his chances of being allowed back in the country using that option.

I can tell you from my personal experience that my fiance and I had a very tough goodbye last time he was here. He went back home knowing I was pregnant. Yet he still went back home because we wanted to do things the right way. We didn't want to ruin our chances of him incurring a ban because he chose to overstay. We filed for his K-1 visa and he is at the last stage of that now as his interview is next week. he will have his visa and be here in time for our baby to be born. He hated not being here and missing out on dr appts and such but we did what was best in our situation. We could have gotten married and filed for AOS but we chose not to because in the off chance that we were the couple that got questioned regarding intent we knew if we got denied we would not be able to appeal due to him having entered under VWP.

As much as I know you don't want to hear this advice he needs to go back now before he overstays past the 180 day mark. You will need to file for his spouse visa once you either find a co-sponsor or meet the income requirement. That requirement won't change period.Good luck in whatever you decide to do...

[Leo7777 243]

Very nice logical post Rosie. Best to you, your spouse and baby.

[Ryan H 3,812]

***Post violating the TOS (condoning fraudulent activity) removed; Administrative Action applied.***

[EM_Vandaveer 2,408]

Being co-sponsor does not last for 10 years.
The obligation ends when your husband becomes a citizen. If you guys stay married, that's approximately 4 years from filing for AOS. 4 years, not 10.

[EM_Vandaveer 2,408]

I you found a joint sponsor who is single, they only have to have $19,662 income per year, a married couple with no kids would need $24,737 to be joint sponsor, a married couple with one kid would need $29,812 to be joint sponsor and a married couple with two kids would need $29,812 in yearly income to be joint sponsor. Are you absolutely sure that there is no-one, friends, family who has that much income and is willing to do it? Maybe if they see that your marriage is solid and that he is there to stay in terms of staying in the marriage being there for you and the kids, they will be more willing?

We used a joint sponsor (and co-sponsor, a married couple) when we filed for AOS, they were good friends of my husband. Are you sure no one is willing to do it for you? How many people did you ask?

[Shadaryia 11]

I started out with a simple question just wanting to educate myself. I got my answer, he will not get a ban until overstaying his VWP 180 days if he had an emergency reason to return to England, etc. I have long since stopped following this thread. Thank you to the people that answered my initial question with a direct unopinioned answer.

[Ryan H 3,812]

***Based on the most recent post by the OP, this thread is now closed to additional discussion.***