Consequences for overstay and partner?

[Pennycat 880]

If it's love just do it the right way, 6 months apart vs a lifetime of hiding. Why chance it

They can still marry and adjust status either now or after an overstay, but sounds like that's not really what they want. OP:if/when you marry you must adjust status or nothing will change. It's a long and expensive process that involves you being a financial sponsor and finding a cosponsor if needed. I would not take the "just get married" approach lightly.

[Anitafeliz 1,133]

If you truly have a relationship you can marry and apply for AIS.

BUT...prepare for high scrutiny.

Have evidence i dont know how much you can have in less then 90 days. Goodluck i hope it works for the best

[JFH 12,189]

They can still marry and adjust status either now or after an overstay, but sounds like that's not really what they want. OP:if/when you marry you must adjust status or nothing will change. It's a long and expensive process that involves you being a financial sponsor and finding a cosponsor if needed. I would not take the "just get married" approach lightly.

Totally agree. I think the "marry, stay and adjust" line gets used a bit too much here. Marriage is something that requires more than 90 days of thought as to whether it's what you really want. Also, going down this route means that the alien spouse cannot leave the country for several months (you know, to return the keys to their landlord, empty their apartment, sell their car, re-home their pets because, of course, there was never any intention to stay in the USA when they boarded the plane) and also not work. It sounds like a simple solution but in reality it's very difficult to make all that work. And when the time comes for looking for a job, it's not going to look great to a prospective employer that you just took off without notice from your previous job. Added to the fact that they will have been out of the loop for many months. Depending on the field of work, that can be very detrimental to a career.

[Boiler 45,399]

Interesting story. The ban was serious too. The couple are now married and living in Canada. When the US government says "banned", they mean it.

Actually they don't, over reaction here under reaction if they marry and she wants back in.

[Rc123rc 528]

Hi, i have some urgent questions regarding tourist visas and overstaying.

let's say i have a gf from europe who stays on a visa waiver, Misuse it and chances are she'll never get it again.

she absolutly hates her life and country and refuses to go back, she wants to

stay with me badly, its not really about the usa but she loves me and wants to be with me. Hates her life and country and indifferent to the United States. How old is your GF because this sound slike something an immature person would say.

I can understand her situation and feel the same way for her so i thought it's okay to let her stay, You don't get a say on whether she can stay or not. There are immigration laws that apply and she needs to go home before her time is up on her ESTA.

but now her esta is really close to expire and im worried. Time to use the return plane ticket.

What are the chances she get caught at all?Her name is on the lease from

our apartment as the landlady allowed her rent it with me,(she gets money from her mom This smacks of intent to immigrate. A big No No.

to help paying the rent and she makes some money online) will that raise the

chance of her getting caught? Very good chance of getting caught and now, she's broken the law for working while in the US.

And in case she gets caught are there any consequences for me too,as i let her hide

and live with me? Good question. You might ask that question to a lawyer and see what they say.

Also what should we do once she overstayed,would it help if we marry (same sex marriage should be fine here) after her overstay? Do yourself and your GF a big favor. Don't let her overstay.

I'm being pretty harsh here but as a parent I see this as a huge disaster in the making. What is your GF mom thinking about all this?

My opinion is you need to stop playing house and do this the right way instead. I don't mean getting married either. Let her go home and file for K-1 or go there and get married and file for a CR-1. Maybe you should pack up and move there for a while. If she is that much into you as you say then her life should be OK and living in her country should be be OK as long as you are with her. Right? This sounds like emotional manipulation with the intent to immigrate fraudulently.

[Cheezees 1,514]

Let's say...DON'T "plan" an overstay.

[dawning 212]

Doesn't sound like a bonafide marriage.

She absolutely hates her life? Sounds like some therapy is in order. If she's from a VWP country she's not from an impoverished or war-torn region of the world. Basically she's got a dream about living in America and you are the one who can make that dream come true. I'd do as someone else has suggested and offer to move to her country and stay with her there. If it's you she loves she will jump at the chance. If she doesn't want that, it's not you she loves but her fantasy of the American dream. Let me guess, it's her first time in the country. It seems that marriage is only being considered if it will result in an immigration benefit. Not a reason to marry and not a sign of true love.

Seems a little harsh to assume that the relationship isn't valid because they are considering marrying for immigration benefits. I think there are actually a lot of folks on VJ that would be happy cohabiting without marriage if the marriage weren't required for immigration purposes.

I do agree that the OP may want to consider the possibility that her GF may be less than honest about her reasons for the relationship, if she doesn't want to go home. But that's a possibility, not a given, in my opinion.

[Pinkrlion 2,713]

What you planned is immigration fraud. You have already enacted your plan and have come onto VJ to see if you will get caught, what will happen. She is the prime example of why people are afraid if Trump wins. God Luck living your fraudaulent life.

[MacUK 983]

You all found and rented an apartment together in less than 90 days? She clearly intended to move on that VWP and is playing a dangerous game.

What's going to happen if she continues living here is that she'll be an illegal immigrant and deportable (and because she's on VWP, she'll be deported without even seeing a judge. When you use VWP, you waive your rights to a hearing). Likely no ability to get driver's licence and eventually her passport will expire so that won't be a valid form of ID either. She won't be able to get on even a domestic flight or a train or do anything that requires a valid, unexpired ID. People choose to overstay or to enter without inspection because they don't understand the full consequences and/or because they feel like they've got nothing to lose. But the thing is, the longer you live here, the more you DO have to lose (and the greater the consequences become, and usually the more laws you have to break to be able to stay here, making yet more consequences for yourself.. You make friends, you get a job, a pet, furniture, etc etc and all that can disappear in a blink of an eye).

The consequences are that she'll never have VWP privileges ever again and she's unlikely to ever be approved for a tourist visa. Depending on how long she overstays, she will also receive a ban from any US visa, including a spouse visa, for either 3 or 10 years (10 years if she overstays one year or more). They will know that she overstayed. They may not come looking for her, but she will effectively be stuck in the US because the moment she leaves, she won't be able to come back (the VWP loss is automatic. They track entries and exits. They'll know. She leaves and tries to come back, they turn her around at the border and put her on the next plane home).

It's really not worth doing it this way. Even if it's not because of the US, only because of you. Probably half of the foreign spouses/fiances on Visajourney wouldn't be in the US at all if it wasn't for the American. They don't care what the reason is! The consequences are exactly the same.

Here-- this young Australian didn't realize how serious the 90 day VWP thing was. And apparently didn't realize that you can'd do a border run to Canada and get another 90 days (any time in US, Canada, Mexico or Caribbean counts against your 90 VWP days). Also, don't believe her for one second that it was "11 hours overstay". She got a 10 year ban. She was here for more than a year. It is *possible* that she successfully pulled off a border run to Canada and no one noticed (or let her slide) but it is more likely that she's just lying for sympathy. I wouldn't want to spend one hour in one of those detention centers, nevermind weeks!

As someone who also didn't appreciate the seriousness of VWP rules I can agree that the consequences are not much fun.

There were circumstances beyond my control when I overstayed my VWP allowance but the basic fact was that I didn't think it was that much of a big deal. Coming from Europe where travel is so easy, mixed with being young and stupid at the time I just figured it'd all be OK.

When I finally went back to the UK because I was sick of being unable to work I honestly thought all I'd have to do was go to the embassy, apologise and maybe pay a little fine and everything would be ok again.

That was 15 years ago, I received a 10 year ban for my overstay which has obviously been finished but even with that out of the way I have very little chance of ever being able to visit the US ever again.

I can never visit my children over there and seeing as their mother has no plans of ever bringing them to see me in the UK means that I haven't seen my kids in 10 years and maybe never will again.

I'm now almost 40 years old and a much different person than the 23 year old who broke the rules and 100% happy in my life in the UK but I have very little chance of ever getting past the stigma of being a VWP rule breaker in the eyes of US authorities. I can never take my girlfriend on a vacation to the US, or travel there to see her favourite bands who never seem to tour outside of the USA. A rash decision almost half a lifetime ago has forever restricted my opportunities for travel.

If I could go back in time to tell my younger self the consequences of that decision I would (my younger self probably wouldn't listen to an old git like me but that's by the by). I would tell him to do whatever it takes to get on that plane and leave when he was supposed to because the consequences aren't worth it.

I would never advise anyone to take the VWP rules lightly, VWP is a great privilege that far too many people take for granted.

If she wants to marry you purely because she wants to marry you then AOS is an option, I don't personally agree with AOS but my opinion doesn't matter, the option is there.

But if she wants to marry you just because she doesn't want to go home then think long and hard about it.

Suggest getting married and you both living in her home country, if she considers it then she's likely to be genuine, if she flat out refuses the idea then it likely isn't being with you that's her motivation.

How did you meet her? Did you know her before she arrived in the US? How soon after getting together did she mention not wanting to go home?

Not things you normally have to consider when starting a relationship but when it comes to international loves there should always be some thought given to what the partner wants more, you or the greencard.

I'd like to see less of the heartbreaking stories of people who go through hell and high water to get their "true love" a greencard only for that true love to dump them as soon as they have it.

It may seem that people on here are being overly harsh or judgemental but it's a tale told all too many times around here and from an outsiders point of view looks all too similar, person travels to US as a "visitor", doesn't want to go home so finds a USC that they can get their greencard through.

Too many people on here even suggest it as a means to get a GC when people are trying to bring friends or distant relations to the US, the suggestion of "Maybe you can introduce them to your USC friends..." comes around all too often.

[Krissyb93 27]

What you planned is immigration fraud. You have already enacted your plan and have come onto VJ to see if you will get caught, what will happen. She is the prime example of why people are afraid if Trump wins. God Luck living your fraudaulent life.

People are afraid of Trump winning because he's an absolute moron

Anyways, I agree with what a few people have said up thread. See if she's willing to let you come to Europe with her where you can begin the "visa journey", if you will. If she says no, she's probably in this for the wrong reasons.

[Teddy B 17,252]

You all found and rented an apartment together in less than 90 days? The op did not say this, nor do you know this to be the case. The op could have been looking for an apartment already, or it may have been time for her to renew a lease she already had. Even if they did find an apartment together within 90 days, it doesn't prove anything. She clearly intended to move on that VWP and is playing a dangerous game. Pure speculation, you do not know this. And even if she did, as you already know, intent to immigrate is not enough to deny an AOS petition when married to a USC.

What's going to happen if she continues living here is that she'll be an illegal immigrant and deportable (and because she's on VWP, she'll be deported without even seeing a judge. When you use VWP, you waive your rights to a hearing). True, if the op's girlfriend overstays without marrying and filing for AOS, she is deportable, but the chances of that happening are very slim. Likely no ability to get driver's licence and eventually her passport will expire so that won't be a valid form of ID either. She won't be able to get on even a domestic flight or a train or do anything that requires a valid, unexpired ID. Again, you don't know this to be this case, pure speculation. Her passport might be good for another 8 or 9 years. Even if it does expire, they are planning on marrying and applying for AOS, so it really doesn't matter. People choose to overstay or to enter without inspection because they don't understand the full consequences and/or because they feel like they've got nothing to lose. But the thing is, the longer you live here, the more you DO have to lose (and the greater the consequences become, and usually the more laws you have to break to be able to stay here, making yet more consequences for yourself.. You make friends, you get a job, a pet, furniture, etc etc and all that can disappear in a blink of an eye). If they get married and file for AOS, there are no consequences, any overstay or illegal work is forgiven when married to a USC and applying for AOS. The only instance that could cause problems would be if the op's girlfriend falsely claimed to be a USC for work purposes or on their lease.

The consequences are that she'll never have VWP privileges ever again and she's unlikely to ever be approved for a tourist visa. Depending on how long she overstays, she will also receive a ban from any US visa, including a spouse visa, for either 3 or 10 years (10 years if she overstays one year or more). They will know that she overstayed. They may not come looking for her, but she will effectively be stuck in the US because the moment she leaves, she won't be able to come back (the VWP loss is automatic. They track entries and exits. They'll know. She leaves and tries to come back, they turn her around at the border and put her on the next plane home). None of this applies if they get married and file for AOS like the op has explained.

It's really not worth doing it this way. Even if it's not because of the US, only because of you. Probably half of the foreign spouses/fiances on Visajourney wouldn't be in the US at all if it wasn't for the American. They don't care what the reason is! The consequences are exactly the same. If the op wants to marry her girlfriend then getting married and having her girlfriend remain in the US while she adjusts status (approx. 3 to 4 months), is the best way to go, there aren't any legal consequences for doing this.

Here-- this young Australian didn't realize how serious the 90 day VWP thing was. And apparently didn't realize that you can'd do a border run to Canada and get another 90 days (any time in US, Canada, Mexico or Caribbean counts against your 90 VWP days). Also, don't believe her for one second that it was "11 hours overstay". She got a 10 year ban. She was here for more than a year. It is *possible* that she successfully pulled off a border run to Canada and no one noticed (or let her slide) but it is more likely that she's just lying for sympathy. I wouldn't want to spend one hour in one of those detention centers, nevermind weeks!

I'm not sure why certain posters have to go into this untrue fear mongering diatribe every time a poster asks about AOS on a tourist visa or VWP.

To the op: Ignore the judgemental posts. If you are ready to marry this girl and want to have a life together without her having to leave the US, then go ahead and get married and follow the guide here: http://www.visajourney.com/content/i130guide2

The quicker you get married and file for AOS, the quicker your girlfrend becomes legal and can work and travel without problems.

Good Luck!

Edited October 4, 2016 by Teddy B

[Unlockable 7,314]

MacUK, very interesting and informative reply.

Teddy B, yes it may seem that a lot of responses are a little harsh but keep in mind that it was the OP herself who asked the consequences of breaking immigration rules.

[Teddy B 17,252]

MacUK, very interesting and informative reply.

Teddy B, yes it may seem that a lot of responses are a little harsh but keep in mind that it was the OP herself who asked the consequences of breaking immigration rules.

Right, and the answer to that question would be this: If her girlfriend overstays without marrying, she is deportable and cannot legally work. The chances of being caught are fairly slim but they do exist. If she is caught and deported she will face a possible ban depending on the length of her overstay.

The accusations about having immigrant intent and them not being in a bonafide relationship and that she's playing a dangerous game are pure speculation and these accusations are regularly used by certain posters on this board as a way to instill unnecessary fear into people who are here looking for help. Telling the op that getting married now while her girlfriend is still in the US is not the way to go, is false. If they want to get married, they are free to do so and there won't be any consequences. In this case it IS the way to go if they do not want to be apart as stated by the op.

[Harpa Timsah 13,258]

The OP doesn't know about immigration or the rules or the consequences, and wants to know. The OP is in a place of total ignorance, like many of us used to be. People here think about immigration so much that they can't begin to fathom a simple question coming from a place of ignorance and assume that everyone is trying to play a trick.

OP: If your gf stays, she will be deportable, unable to legally work, unable to drive. If she gets caught she will be in deportation jail for some time while they get ready to deport her — not fun. If she overstays by even one day then she can never use the WVP again. If she overstays more, she will be banned from the US.

If you care about this person, think more long term. Sure, maybe today it's okay to get money from her mom and make some money on etsy or whatever she is doing. But is that what she wants to do forever? Never able to start a career, being forced to take cleaning jobs or whatever illegal job she can get down the road? That's no life.

So, I urge you to protect her status. Either marry her and file for her paperwork now, or have her go home before the stay is over. She could come back or you could file for a fiance visa, which would give you some time for your relationship to grow more, if you're not ready for marriage yet.

And only marry now if you are actually ready. Marriage by itself gives her no immigration benefit, but you could file paperwork afterward for her to become legal. But, the US government will be totally up in your life, questioning you. This is not fun (though most of us have been through it). Immigration is also very expensive. If you marry her now the paperwork is over $1500. And in a couple of years you have to file more paperwork for about $600. It is a serious commitment.

[Pennycat 880]

I'm not sure why certain posters have to go into this untrue fear mongering diatribe every time a poster asks about AOS on a tourist visa or VWP.

To the op: Ignore the judgemental posts. If you are ready to marry this girl and want to have a life together without her having to leave the US, then go ahead and get married and follow the guide here: http://www.visajourney.com/content/i130guide2

The quicker you get married and file for AOS, the quicker your girlfrend becomes legal and can work and travel without problems.

Good Luck!

Check your reading comprehension. Part of the question/plan involves just staying which is what I addressed in this post. People, and it seems particularly young people from VWP countries often do not understand what a bad situation they're putting themselves in. I clearly stated that marriage and AOS is an option (and that AOS is necessary lest OP falls into the trap of thinking that marriage itself confers immigration benefits) but it really doesn't sound like OP wants that. And yes: newsflash: "eventually" can mean 8 or 9 years. Again, I'm addressing the near and long term consequences of living in the US without status. What happens to the girlfriend if she overstays and then they break up?

As for how this all sounds pre planned? Maybe that is in the eye of the beholder but signing a lease (the girlfriend is on the lease) isn't really a normal tourist activity. But she sure can do it. Planning it or not doesn't change the consequences of living in the US without status and overstating VWP. You're doing the girlfriend a real disservice by making it sound like no big deal/unlikely to get caught.