wifes panicking will i be ok

[kattt 0]

HI,

I am in the progress of getting all the information for my aos papers ,and I was telling the wife about a story I read not sure it was on here ,about a man that came on a visa waiver, married , overstays for 3 years filed all his papers got ead, ss number went for his interview and for some reason (he said was because he overstays ) he was taken out and after (cannot remember how long) but got deported ,
now the wife's getting very panicky about it she been crying and says what happens if we go and they do the same to me , as I overstays 10 years (been married 10 years) you can read why I just starting aos here,

, http://www.visajourney.com/forums/topic/532396-very-long-overstay-help-needed/#entry7437223

I took me stepdaughter name instead of making new member ,

am I ok and safe or is there a chance I could get deported for being overstayed 10 years , my record clean here and in England , only that I overstayed , I just want to make my wife know I should be ok (hope so).

Edited February 16, 2015 by kattt

[Boiler 45,649]

Always a chance even if it is very small.

Can not make much sense of your half remembered story. How did he get a SSN without a GC?

If you find it again post the link.

To state the obvious you are at much greater risk now and have been for 10 years.

[ValerieA 350]

Overstay is forgiven for the spouse of a US citizen. There was a few months, about 3 or 4 years back, that there was a temporary issue surrounding people who entered on the VWP in certain offices, but that was decided quickly and now VWP people do not get denied due to overstay. You are at much more risk now, until you actually get the AOS package filed.

[shell20 746]

HI,

I am in the progress of getting all the information for my aos papers ,and I was telling the wife about a story I read not sure it was on here ,about a man that came on a visa waiver, married , overstays for 3 years filed all his papers got ead, ss number went for his interview and for some reason (he said was because he overstays ) he was taken out and after (cannot remember how long) but got deported ,

now the wife's getting very panicky about it she been crying and says what happens if we go and they do the same to me , as I overstays 10 years (been married 10 years) you can read why I just starting aos here,

, http://www.visajourney.com/forums/topic/532396-very-long-overstay-help-needed/#entry7437223

I took me stepdaughter name instead of making new member ,

am I ok and safe or is there a chance I could get deported for being overstayed 10 years , my record clean here and in England , only that I overstayed , I just want to make my wife know I should be ok (hope so).

From what I have read and its quite a popular topic, overstays are forgiven if you are married to a US citizen, saying that they will no doubt give you an interview and ask you why that happened. There is a slim chance you might be deported, but I doubt that will happen unless something else comes to light. You wont know if you dont do AOS and not having AOS might eventually catch up with you any way. Sorry wish I could say yes, you'll be fine, but I'm not the one interviewing you!

[MacUK 983]

The one thing you should think about is in the 10yrs you've been living in the US I assume you've been working?

While illegal working is forgiven for spouses just like overstays are forgiven, have you at any time claimed to be a US Citizen for work?

[kattt 0]

Ty all for youe replys ,

macuk no i not been working , but kept my self busy helping out wifes sister who was sick and who pass away 3 years back, and babysitting wifes 2 daugthers grandkids ,

i read alot of people that have overstayed even one for 7 years and was ok , why is it that many are ok and get aos and some do get deported , like i said , i have no record here and in uk ,

sorry boiler i cannot find the link i keep trying to find it .

[ValerieA 350]

i read alot of people that have overstayed even one for 7 years and was ok , why is it that many are ok and get aos and some do get deported ,

Except for that one brief period a few years back, they don't. Not if they are the spouse of a US citizen, not for overstaying.

[asisflyer 47]

File to start the clock.

Remember on VWP, there is a different precedent in different court circuits. Google your way into the details.

Also VWP cannot appeal if your turned down. They can issue a Notice to Appear in Immigration Court in this instance.

Then again, if you are turned down and you have USC children, you may be able to camp onto DAPA'esque program in the future.

If turned down for this, there will never be a Notice to Appear.

Ironic to think about the "shadow advantage".

Edited February 17, 2015 by asisflyer

[Pennycat 880]

The one thing you should think about is in the 10yrs you've been living in the US I assume you've been working?

While illegal working is forgiven for spouses just like overstays are forgiven, have you at any time claimed to be a US Citizen for work?

Really? What's the point of the EAD, then (after K-1 marriage)....I mean, if they don't actually care if you work before EAD or GC, why go through EAD step? Wouldn't most people just arrive, start working and not worry about it? That seems odd.

[Boiler 45,649]

Really? What's the point of the EAD, then (after K-1 marriage)....I mean, if they don't actually care if you work before EAD or GC, why go through EAD step? Wouldn't most people just arrive, start working and not worry about it? That seems odd.

More a problem for the employer.

[kattt 0]

again ty for the info ,

i have no children here , but i 2 step grandkids i love dearly (i am 52 wife 62 been married 10 years)my wifes health not getting any better at her age and now we got money for the aos , she needs me more than ever ,i just been to get sorted and start working to take the pressure of her at her age its been a long hard stuggle and we hope everything works out ok .i will have more question in the future and i thank you all again.

[johnxkrn 4]

Hello,

Just from my experience. Hope it helps..

My wife came into the U.S. on Dec 2011 with VWP to visit her sister and eventually overstayed.

She met me on Nov 2012, married May 2014, filed AOS on August 2014 and received her Green card yesterday Feb 17, 2015 in the mail... (We were delayed about 2 months due to mail man not delivering our interview notice)

I had the most rude person as our interview who mocked my wife for not being able to speak fluent English. And also did not give us decision on the spot. But later that day.. we were approved via case update. But far as questions.. he did not really ask "suspicious question" and just asked what visa she had when coming into the US. and that was it. Other questions were about our marriage.

I heard it depends on where you file your AOS.

Where we live, Anaheim, Southern California is handled by USCIS in Santa Ana. I HEARD Santa Ana USCIS office forgives overstaying VWP if married to US CItizen (In SOuthern California, ALOT of immigrants)

However few places like in San Diego, they are really strict about overstay on VWP.

As long as your marriage is legit, there's very slim chance you might get denied.

Also if you are denied, you can reapply (heard this from a lawyer who helped my brother's wife's AOS) just can't appeal.

I did not use a lawyer and saved 1500+ but it was a long painful journey.. as we had to deal with issues.

Hire a lawyer to handle you case if you are super worried(I saw lawyers going into interview with their clients during AOS interview)

Just be strong and pray. I won't say don't worry because we did for 6 months until we got the card yesterday. But in the end, it's so worth it!

Good luck and will pray for you guys!!

Edited February 18, 2015 by johnxkrn

[kattt 0]

Thank you john for your post , so you wife overstayed 4 years before she finally got green card , i will be using chicago office , and detroit as and when my interveiw , anyone had i there ok with forgives overstaying VWP if married to US CItizen.