marriage on overstay vwp

[grumpymax 2]

Hi so i arrived the 3rd may to visit my gf in usa we been dating for about a year now and did severall trip together we would like to get married here in new orleans louisianna my esta is ending the 31 of july i would like to kmnow the best way to fill an aos and if the overstay could affect my travel right . i dont know much about the procedure itself so if y all could guide me it will be much appreciated thanks 

 

Edited July 5, 2017 by grumpymax

[Becci391 340]

Did you plan on getting married before you entered the US on ESTA?

[geowrian 22,338]

Assuming you are married to a USC...

Just follow the guide: http://www.visajourney.com/content/i130guide2

NOTE: The I-130 and I-485 no longer need G-325As. The I-130 needs an I-130A now. Be sure to read the instructions for all forms completely.

 

The overstay is ignored for AOS purposes as the spouse of a USC. If you file for AOS, you cannot leave the US until you have an approved AP in hand (or get the green card).

[DrEllaNJ 288]

31 minutes ago, geowrian said:

Assuming you are married to a USC...

Just follow the guide: http://www.visajourney.com/content/i130guide2

NOTE: The I-130 and I-485 no longer need G-325As. The I-130 needs an I-130A now. Be sure to read the instructions for all forms completely.

 

The overstay is ignored for AOS purposes as the spouse of a USC. If you file for AOS, you cannot leave the US until you have an approved AP in hand (or get the green card).

just to add to this: AP (advance parole, which you get by filing i-131)  takes about 3-4 months to get. So make sure you can stay in the US for another 3-4 months after getting married and filing the paperwork. You should also file for EAD, employment authorization (form i-765). AP/EAD is free when filed with i-485.

[Coco8 1,042]

49 minutes ago, grumpymax said:

 if the overstay could affect my travel right 

 

As long as you AOS and do not leave the US until you have AP (3-4 months if you provide i-131 along with other paperwork), you are fine because overstay is forgiven.

[grumpymax 2]

6 hours ago, Becci391 said:

Did you plan on getting married before you entered the US on ESTA?

no i did not went so well here we decided to do it

 

[grumpymax 2]

 

 

6 hours ago, Becci391 said:

Did you plan on getting married before you entered the US on ESTA?

no i did not went so well here we decided to do it

 

also what kind of pricing range

 

[grumpymax 2]

if the marriage is post overstay even with a followed relationship the filling of aos will definetly past my vwp date would that be a problem ?
 

 

 

[geowrian 22,338]

6 minutes ago, grumpymax said:

if the marriage is post overstay even with a followed relationship the filling of aos will definetly past my vwp date would that be a problem ?

For AOS as the spouse of a USC? No.

 

However, until you file for AOS, you would be out of status and could be deported at any time. So the sooner you can file, the better. VWP travelers have close to no rights to contest a removal order (one of the few disadvantages of VWP).

[grumpymax 2]

32 minutes ago, geowrian said:

For AOS as the spouse of a USC? No.

 

However, until you file for AOS, you would be out of status and could be deported at any time. So the sooner you can file, the better. VWP travelers have close to no rights to contest a removal order (one of the few disadvantages of VWP).

yeah my gf is usc i am french myself wich probably help with lot of discrimination less fortunate country people must have 

[DrEllaNJ 288]

cost: a little over $2000 (if done without lawyer, which is totally doable)

I-130:$535

I-485: $1225

I-765/i-131: free

medical exam by certified civil surgeon: about $300-400 depending on the individual

 

Your gf as the sponsor must make 125% of the poverty guidelines for your household size (the 2 of you + kids if she has them). She can get a co-sponsor if she doesn't make that.

Always verify with USCIS for the latest forms and fees.

[grumpymax 2]

If the aos get denied what happen to my cap program right and or visa rights in general 

[Coco8 1,042]

49 minutes ago, grumpymax said:

If the aos get denied what happen to my cap program right and or visa rights in general 

It is unlikely for AOS to be denied. Your marriage should be very fishy to be denied. Or you should fail to respond requests of evidence you receive from them or not provide the correct evidence. More likely you would get extra scrutiny later and during ROC, etc. 

[Boiler 46,103]

On 7/5/2017 at 5:28 PM, grumpymax said:

yeah my gf is usc i am french myself wich probably help with lot of discrimination less fortunate country people must have 

Lots of people do not like the French.