Consequences for overstay and partner?

[Teddy B 17,252]

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.

My reading comprehension is just fine. You started with unproven and uncalled for accusations and followed them up with a serving of fear while ignoring the other factor (marriage) which erases almost all of that fear and was clearly mentioned in the op. I've seen you post here long enough to know what your angle is.

[Pennycat 880]

My reading comprehension is just fine. You started with unproven and uncalled for accusations and followed them up with a serving of fear while ignoring the other factor (marriage) which erases almost all of that fear and was clearly mentioned in the op. I've seen you post here long enough to know what your angle is.

I do not have an angle, aside from helping OP understand that this is a big decision for her girlfriend that could have permanent consequences for the rest of her life.

I freely admit that I have very little respect for people who plan to circumvent the standard family visa route, if for no reason other than it makes very little sense to do so from a time/money/risk perspective. The question for fraud is a separate issue that doesn't apply to OP one way or the other at the moment. I am alarmed by those who seem to have no clue what they're getting themselves into, like OP and her girlfriend here and who think that Europe's open borders apply to the US as well and put themselves into really difficult situations.

I have told OP and everyone who was already in the US and considering marrying and AOSing to go right ahead if that's what's right for them, relationship-wise. The big "but" being that it is a long and expensive process that they need to be prepared for, and that the spouse in question can't travel out of the US until they have AP which can be several months (ours was pushing 4-- no RFE, no problems, nothing) and so if they have any loose ends to tie up at home, they need to be aware of that fact as well. It sounds very much like OP's girlfriend has no loose ends at home, which is the only reason I didn't mention that this time.

So, options on table are:

GF overstays, they don't marry. Consequences to GF outlined above. They're harsh, I've known a few people who were in the US long term without status and I wouldn't wish that on anyone. Seriously.

GF overstays, they eventually marry and AOS: they'll be fine except for the fact that GF will be living in the out of status limbo above, which gets increasingly worse as time goes on

They marry and AOS before overstay: no problems but OP needs to be aware that it's not just a run to the courthouse and all is alright. OP needs to read about AOS, what that entails and be sure she's up for it. And for good measure, OP: your girlfriend won't be able to legally work or travel out of the US until her work authorization/ advance parole comes through which is generally 2 or 3 months, sometimes sooner sometimes later.

GF goes home before VWP overstay, comes back in a few months. They conduct a long distance relationship until a time they are ready to be married.

And if she overstays and then break up, GF will have the choice of staying here without status as long as she can (that passport will eventually expire and that's when the real problems begin), or going home but never being able to come back. I wouldn't willfully set someone up for that. I'd marry. Or if I wasn't ready to marry, I'd strongly urge her to keep VWP privileges by going home in time.

As for me: there is no way I'd let someone I love run the risk of losing their VWP privileges to stay with me. Zero. There's no way I'd advise anyone I know to stay here out of status. I use the same thing for strangers on the internet-- just because they're not my loved one, or someone I know doesn't mean I'm going to give them different advice and hope it all doesn't go to poo on them. If you feel differently, fine. But you could at a minimum be up front with people that while unlikely that they get caught and deported (I said unlikely, too), there are still other potential consequences. The biggest being that if they don't get married and break up, GF's ability to travel to the US is effectively gone for life.

Edited October 4, 2016 by CatherineA

[USAMorocco 143]

I'm sorry. But none of us want to be apart from the person we love. Unfortunately it is part of this process. Make trips back and forth. It is only a few short months to be apart to live a normal life. If she is illegal and gets caught what are you going to do? She will not be allowed back....will you just up and move to her country then? That will be your only option at that point. Think down the line not just right now. Down the line if she gets caught you will be spending a lot of money on attorneys and may not even get her to stay here. There is no reason why you can't send her home and let her come back legally. Apply for the K1 they are flying through applications right now.

[Alina~ 0]

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!

thanks alot, i did not know that after i marry her that the overstay is simply forgiven as soon as we file aos for her. Is it better to marry her then while she still is on esta, or marry after she overstayed a while? We have to proof that the marriage is real after all so idk what would be better, doing it quick but have her on a legal visa, or doing it after she overstayed but we have more time to spend together perhaps higher chance it gets approved?

[Alina~ 0]

sry for doublepost but i cant eddit my post above, i just got an idea.To avoid anoying interview and colletion of proof for the bonafide marriage, could we perhaps just marry in vegas to speed it up and make it easier?

[Jojo92122 1,924]

thanks alot, i did not know that after i marry her that the overstay is simply forgiven as soon as we file aos for her. Is it better to marry her then while she still is on esta, or marry after she overstayed a while? We have to proof that the marriage is real after all so idk what would be better, doing it quick but have her on a legal visa, or doing it after she overstayed but we have more time to spend together perhaps higher chance it gets approved?

It does not matter when you get marry. If you do it after she overstays, then there will be a period where she will be illegal in between her I-94 expiring and when you file for AOS.

Her overstaying so you can have more time together does not increase her chances of getting approval.

sry for doublepost but i cant eddit my post above, i just got an idea.To avoid anoying interview and colletion of proof for the bonafide marriage, could we perhaps just marry in vegas to speed it up and make it easier?

Marrying in Vegas will not speed things up, make it easier,or allow you to avoid an annoying interview.

[Teddy B 17,252]

thanks alot, i did not know that after i marry her that the overstay is simply forgiven as soon as we file aos for her. Is it better to marry her then while she still is on esta, or marry after she overstayed a while? We have to proof that the marriage is real after all so idk what would be better, doing it quick but have her on a legal visa, or doing it after she overstayed but we have more time to spend together perhaps higher chance it gets approved?

You can marry at anytime, but the sooner the better for your partner. The quicker you get her AOS done, the quicker she can get a social security number to legally work and she won't be in a long period of overstay. Follow the guide that I linked earlier, it has a list of what you should have for proof of bonafide marriage, what forms you need to file and will lead you step by step. Be sure to apply for her EAD/AP combo card (forms I-765 & I-131) that will allow her to work & travel before she gets her greencard. If you have any further questions feel free to ask them here.

Edited October 5, 2016 by Teddy B

[Harpa Timsah 13,258]

You can get a courthouse marriage in any state if you want to get married fast. I have heard Vegas is annoying because it takes a while to get the marriage cert. You will have a mandatory interview.

Edited October 5, 2016 by Harpa Timsah

[JFH 12,190]

sry for doublepost but i cant eddit my post above, i just got an idea.To avoid anoying interview and colletion of proof for the bonafide marriage, could we perhaps just marry in vegas to speed it up and make it easier?

The process in terms of immigration/adjustment of status is no different whether you marry in Vegas, your own back yard, a fancy hotel or the biggest church in the country. Married is married. What follows after that is the same process for everyone - all applications are treated the same, complete the same forms, pay the same fees, wait the same length of time.

Everyone must collect proof of a bona fide marriage. That is no different whether you have been dating for 20 years, have 7 kids together, met last week, whatever. Same process for all. As it should be to be fair to everyone. No free passes in this game.

Edited October 5, 2016 by JFH

[JFH 12,190]

You can get a courthouse marriage in any state if you want to get married fast. I have heard Vegas is annoying because it takes a while to get the marriage cert. You will have a mandatory interview.

Indeed. I have heard of very long waits to get certificates in Vegas due to the huge volume. We were able to hand carry ours after the ceremony to the auditor's office and in the time it took for us to go to the cashier desk and make the $3 payment for it, it was done. Took 10 minutes max. We left with the official certificate in our hands. This was in Pasco, WA.

[TBoneTX 45,663]

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