VWP OVERSTAY DENIALS

[lecilia 15]

i was reading something earlier about VWP entrants who got their cases denied because they didnt file within the 90 days of their vwp status is this still true that if u file after 90 days and overstay that your marriage based aos will be denied ?

[southcoast 27]

No. They have been adjusting VW entries who are out of status. The only problem is that if anything goes wrong you have no ability to get the case before an immigration judge. But if everything is in order- no criminal bars or prior overstays- then there should be no problem. There is a memo you can probably find with a bit of googling which outlines the guidelines for adjudication officers for VWF cases.

[Nich-Nick 3,354]

Policy Memorandum AOS from VWP

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

[lecilia 15]

thanks alot guys i was curious as i am a over stayer no i don't have any prior over stays or anything like that and i have my prior plane tickets as-well showing ive visited my husband before and left like a good tourist if i take those to my interview when ever i get it will it look good ?

[Cathi 5,755]

thanks alot guys i was curious as i am a over stayer no i don't have any prior over stays or anything like that and i have my prior plane tickets as-well showing ive visited my husband before and left like a good tourist if i take those to my interview when ever i get it will it look good ?

Leaving on time at other time doesn't make this overstay go away. Overstays are forgiven for spouses of US citizens. I am having trouble understand the rest of what you say because of lack of punctuation. Read and study the link above that someone posted for you. Everything is there.

[lecilia 15]

sorry English isnt my first language someone was rude about my punctuation the other day im trying honestly and i mean not as a way to cover this over stay i mean as evidence for the interview to show its real and not just some fraud ed marriage all that meaning i have come here before to spend time with my husband and left and basically planned to visit this time as-well and leave but it was too hard

[Nich-Nick 3,354]

sorry English isnt my first language someone was rude about my punctuation the other day im trying honestly and i mean not as a way to cover this over stay i mean as evidence for the interview to show its real and not just some fraud ed marriage all that meaning i have come here before to spend time with my husband and left and basically planned to visit this time as-well and leave but it was too hard

Try putting punctuation where you would stop and take a breath if you were reading it out loud. It seems like your use of English is fine and you need to take the time to break up your thoughts with punctuation. Surely you know this is one thought---

"Sorry English isn't my first language." [breath] So use a period before your next thought

"Someone was rude about....." [breath]

"I'm trying....."

If you are using a phone to write your messages, then it is more trouble to switch to the keyboard for punctuation, but do it anyway if you want people to to also take the trouble to answer your questions. Notice commas can also be used where you would stop to breathe if reading.

Edited May 2, 2015 by Nich-Nick

[ValerieA 350]

You need proof that you have a bonafide marriage, not that this is the only time you overstayed. Look at the guide, and pay close attention to the items that prove financial co-mingling - joint bank accounts, insurance, etc.

[lecilia 15]

Ok so we have joint credit card advicates from friends and family members pictures phone contract and bills showing my husband took out mine and its in his name aka proof hes doing husbanly stuff amazon recipes showing my husband buying me stuff and clothes u think that will be ok or do we need more enither of us drive or own a house was thinking of screenshoting websties we look at houses on and explaining were looking for a house to strt our lives together just dont wana get denied 3 year ban i couldnt take being away from my husband 3 days let alone 3 years

[Nich-Nick 3,354]

Come on and try the punctuation in that post and maybe somebody will answer. You can do it. See post 7.

[lecilia 15]

so we have joint credit card, dvicates from friends and family members, pictures, phone contract and bills showing my husband took out mine and its in his name aka proof hes doing husbanly stuff. amazon recipes showing my husband buying me stuff and clothes, you think that will be ok ? do we need more neither of us drive or own a house. was thinking of screenshoting websties we look at houses on and explaining were looking for a house to start our lives together. just dont wana get denied, 3 year ban i couldnt take being away from my husband 3 days let alone 3 years & sorry on phone

[Nich-Nick 3,354]

Thank you so much. It makes it much easier to read and understand.

You have a good start for a short marriage. Continue to add things that you can like a joint bank account. When you get EAD and a Social Security card, then go get a state ID card at the driver license office. Your husband can do the same. It is similar to a driver license but does not allow driving. Those would be official state documents showing you have the same address.

I would say NO to photos of houses you look at on the internet. While it is a lovely dream, it shows no financial commitment or sharing of assets. If you don't have a house, mortgage, or rental lease in both names then skip the house thing. It has to be real evidence, not just a future plan. You can't send pictures of cars and say we hope to get driver licenses some day. Or photos of cute babies, saying we plan to have children together some day.