Apply for AOS from an over stayed VWP

[SarahAVS 0]

Hello hoping someone here might be able to give me some idea about how my case might turn out.
I am a British citizen, I came to USA under a VWP with my husband to visit my his family.(which we have done in the past) My husband is a USC. Once we arrived our situation slightly changed (I was going on 7 months pregnant and was starting to find things rather difficult) so, we decided that we would stay and apply for an AOS. We began getting the paper work ready, completed the medical examination, then the situation changed again (financially) and we were not able to apply for AOS in time. Which, resulted in me over- staying on my VWP.  I have now overstayed my visa by 4 years! During this time our son was born, i was so busy with the new baby and at the same time worried about what would happen if i apply for an AOS having overstayed my visa that i just choose to ignore it for the time being. Now the thoughts of my immigration mess have come back to taunt me and I really want to sort out this mess that i have found myself in and live a normal life! I would like to know the best method of applying for AOS for someone who is in my situation, without risking being deported and seperated from my husband of 10 years now and my 4 year old son. I guess my question is if i apply for an AOS having overstayed on a VWP by 4 years, what are the chances of me even being approved? any guarantees?
And if i am denied what option are available to me in order to not be seperated from my family?

I keep trying to find some concrete information regarding my situation, but have not found any. Starting to seem like its a hit or miss kinda deal. 

Please help me! And thank you inadvance!  

[Adam&Allison 128]

1 hour ago, SarahAVS said:

Hello hoping someone here might be able to give me some idea about how my case might turn out.
I am a British citizen, I came to USA under a VWP with my husband to visit my his family.(which we have done in the past) My husband is a USC. Once we arrived our situation slightly changed (I was going on 7 months pregnant and was starting to find things rather difficult) so, we decided that we would stay and apply for an AOS. We began getting the paper work ready, completed the medical examination, then the situation changed again (financially) and we were not able to apply for AOS in time. Which, resulted in me over- staying on my VWP.  I have now overstayed my visa by 4 years! During this time our son was born, i was so busy with the new baby and at the same time worried about what would happen if i apply for an AOS having overstayed my visa that i just choose to ignore it for the time being. Now the thoughts of my immigration mess have come back to taunt me and I really want to sort out this mess that i have found myself in and live a normal life! I would like to know the best method of applying for AOS for someone who is in my situation, without risking being deported and seperated from my husband of 10 years now and my 4 year old son. I guess my question is if i apply for an AOS having overstayed on a VWP by 4 years, what are the chances of me even being approved? any guarantees?
And if i am denied what option are available to me in order to not be seperated from my family?

I keep trying to find some concrete information regarding my situation, but have not found any. Starting to seem like its a hit or miss kinda deal. 

Please help me! And thank you inadvance!  

 

Typically overstay is forgiven if you're married to a USC, as long as you entered the country legally. I could be wrong on that, but I'm pretty sure that's how it goes. 

[Penguin_ie 5,997]

***** Moving from Bringing Family to AOS from Tourist Visa and removing duplicate *******

[TJSEE 12]

13 hours ago, Adam&Allison said:

 

Typically overstay is forgiven if you're married to a USC, as long as you entered the country legally. I could be wrong on that, but I'm pretty sure that's how it goes. 

I believe this to be true too. Me and my husband had the same situation with overstaying my visa waiver, a lawyer informed us this is the case. I'm unsure if it is the same if a long period of time has gone by, but I have yet to read anything to the contrary. For me it has been a couple of years until we were able to file AOS financially, but I have an approved I130 but that doesn't grant any status anyway. So fingers crossed for you, I really wish you all the best in getting this sorted out, I know it is a very nerve wracking process.