British daughter in law (unofficially) overstayed

[jagirl 8]

My sons girlfriend came to visit from the UK (UK citizen) and subsequently overstayed. What can she do, if anything, to legalize her stay here. Any advice is appreciated.

Edited July 21, 2015 by jagirl

[Penguin_ie 5,997]

You call her a daughter in law, but also a girlfriend- are they legally married?

Why did she overstay?

[canadian_wife 1,829]

Is she your daughter in law or not?

How long was the overstay?

Good luck

[Kastrs 723]

They can get legally married, and then adjust her status.

How long has she overstayed for?

[Transborderwife 4,666]

Is your son a citizen?

Is your son a citizen?

[jagirl 8]

They have been together for 4 years as my son live in the UK for a while, he is a U.S. Citizen, as to why she overstayed, I surmise ignorance to the law thinking it was easy to adjust her status

Is your son a citizen?

Is your son a citizen?

Yes he is a U.S. Citizen

You call her a daughter in law, but also a girlfriend- are they legally married?

Why did she overstay?

They are talking about marriage

They can get legally married, and then adjust her status.

How long has she overstayed for?

[Transborderwife 4,666]

Then they can aos with a bonifide marriage. But be aware that if she came on vwp, should aos be denied she cannot appeal it an would require to leave the country immediately. She would not be able to use vwp again.

[jagirl 8]

Thanks for your response. So the vwp is something she physically had to apply for or is it given automatically? Pardon my ignorance, but just want to point her/them in the right direction as I know this road can be very tedious and confusing.

[Transborderwife 4,666]

Did she come to the usa on VWP or a b2? Usually most from the UK come on vwp.

[jagirl 8]

I'm not sure, but will ask to confirm.. What are the pros and cons of either, if you don't mind

[Transborderwife 4,666]

As I said, if she came on VWP there is no appeals process and since she overstayed she isn't eligible for vwp anymore. If a b2 she can appeal if adjustment of status is denied by uscis. Best to take a look at the guides here for what your son is going to have to do.

[jagirl 8]

Ok thanks much for you help, it's appreciated.

[Lemonslice 4,989]

Then they can aos with a bonifide marriage. But be aware that if she came on vwp, should aos be denied she cannot appeal it an would require to leave the country immediately. She would not be able to use vwp again.

she overstayed, so I think vwp is already out...

[Transborderwife 4,666]

she overstayed, so I think vwp is already out...

This is true as well

[Penguin_ie 5,997]

***** Moving from Bringing Family to AOS from Tourist Visa ******