VWP, Overstay, Marry, Green Card

[User481516 2]

Can you help me with the following hypothetical situations? 
Ashley is US citizen born and raised and met foreign Pedro working on a Ship,they fell in love and Pedro visited Ashley after she quit her cruise ship job, multiple times throughout 3 years, always on a VWP ( ESTA),never overstaying the 90 days, he never had any intention of staying in USA as he loves his country and dislikes idea of being immigrant or settling in USA.
During Pedro recent trip to visit Ashley (ESTA with return ticket) , Ashley begged Pedro to stay and marry cause she couldnt bear do long distance anymore and it would hurt their relationship and she said she spoke to a lawyer and he could overstay the 90 days, marry and adjust status instead of go back home and petition for fiance Visa. 
Pedro doesnt think this is the best way and is scared to overstay but loves Ashley and dont wanna lose her so he acepts to do her way out of fear of losing her. ( She doesnt consider moving out of USA btw)

What are the consequences of this in the future if: 
A) He got green card but later they happen to fall out of love and he wants to return to his old Cruise line job on a C1/D visa ( abandon desire to stay in USA and GC, go back home) will the past overstay be a problem even if he got approved for green card and later abandon it willingly?
B) Green Card declined by whatever reason and so all this time during the petition wait he has been overstayed, he cant appeal cause he came on VWP ,is his life is ruined cause of Ashley idea? He cant be with her or get C1/D back?

C) Gives up AOS before 180 days overstay, no ban is triggered and divorces Ashley back home. Wants to return back to his C1 /D job? 

Edited January 22, 2018 by User481516

[Unshakable Faith 493]

Sounds like Pedro and Ashley don't need to get married at this point in their relationship.  Pedro also needs to take marriage more seriously and ensure that before he steps into it, it's 100% what they both want.  Marriage isn't something to enter into in fear of losing someone.

 

Tell "Pedro" to keep visiting "Ashley", don't overstay, and make sure they are both mature enough for marriage before making that commitment.

[User481516 2]

13 minutes ago, Unshakable Faith said:

Sounds like Pedro and Ashley don't need to get married at this point in their relationship.  Pedro also needs to take marriage more seriously and ensure that before he steps into it, it's 100% what they both want.  Marriage isn't something to enter into in fear of losing someone.

 

Tell "Pedro" to keep visiting "Ashley", don't overstay, and make sure they are both mature enough for marriage before making that commitment.

I agree with you, but lets supposed Pedro messed up there and is already overstaying by one week. People make stupid mistakes when in love and dont think straight and he decided to trust his fiance and the lawyer they visited that said this the best way to be together. Pedro wants to consider all possible outcomes out this situation,it doesnt mean hes not commited to it.

 

Besides this isnt the first time Pedro visited Ashley in the USA, more like the 5th time since she leftthe ship, and Ashley is tired of doing long distance and wants to take the next step forward and gives no other choice to Pedro.

Edited January 22, 2018 by User481516

[SusieQQQ 11,587]

21 minutes ago, User481516 said:

 

 

Besides this isnt the first time Pedro visited Ashley in the USA, more like the 5th time since she leftthe ship, and Ashley is tired of doing long distance and wants to take the next step forward and gives no other choice to Pedro.

“Hypothetically “, ultimatums don’t  result in happy endings. 

[User481516 2]

I appreciate your answers but judgement on the decisions made doesnt really answer the questions made, and the topic was made to get some clarity on those doubts. Obviously everyone is aware of the mess they got into it.

 

Edited January 22, 2018 by User481516

[cyclone27 710]

ESTA is gone forever so there is one consequence already.

[NikLR 13,232]

Pedro seems to be really worried about an overstay ban that isnt going to happen. 

 

Okay supossing pedro is already in the usa and they are already married but have not yet filed for AOS.  The week of overstay past the 90 days eliminates the possibility of him ever using esta and the vwp again.  If they file before the 90 days are up Im unsure if that still causes an invalidation of the ability to use esta. 

 

Once aos is filed and he has noa1 Pedro is no longer acumulating overstay, he is legally allowed to be in the USA.  If he abandons the aos process he does not incur a ban. Even if it's denied only the period of time before the AOS is accepted and after it's denied (and it can be reapplied for) is considered overstay.  If under 180 days no ban occurs. 

 

He will need ro reapply for his old visa should he leave at any point.  But abandoning a green card or AOS may be looked upon favorably.  It may not however since he already once decided to AOS. 

[Going through 5,671]

4 hours ago, User481516 said:

I agree with you, but lets supposed Pedro messed up there and is already overstaying by one week. People make stupid mistakes when in love and dont think straight and he decided to trust his fiance and the lawyer they visited that said this the best way to be together. Pedro wants to consider all possible outcomes out this situation,it doesnt mean hes not commited to it.

Since "Pedro" is already consulting a lawyer, they would be the best person to ask in regards to the other hypothetical questions about C1/D.

[Lemonslice 4,953]

4 hours ago, User481516 said:

I appreciate your answers but judgement on the decisions made doesnt really answer the questions made, and the topic was made to get some clarity on those doubts. Obviously everyone is aware of the mess they got into it.

 

Doesn't sound so hypothetical anymore :/

[SusieQQQ 11,587]

6 hours ago, User481516 said:

I appreciate your answers but judgement on the decisions made doesnt really answer the questions made, and the topic was made to get some clarity on those doubts. Obviously everyone is aware of the mess they got into it.

 

Your choice now is whether or not to make that mess worse. That’s not judgement, that’s logic.

May I ask how old you are?

[SusieQQQ 11,587]

2 hours ago, NikLR said:

Pedro seems to be really worried about an overstay ban that isnt going to happen. 

 

Okay supossing pedro is already in the usa and they are already married but have not yet filed for AOS.  The week of overstay past the 90 days eliminates the possibility of him ever using esta and the vwp again.  If they file before the 90 days are up Im unsure if that still causes an invalidation of the ability to use esta. 

 

Once aos is filed and he has noa1 Pedro is no longer acumulating overstay, he is legally allowed to be in the USA.  If he abandons the aos process he does not incur a ban. Even if it's denied only the period of time before the AOS is accepted and after it's denied (and it can be reapplied for) is considered overstay.  If under 180 days no ban occurs. 

 

He will need ro reapply for his old visa should he leave at any point.  But abandoning a green card or AOS may be looked upon favorably.  It may not however since he already once decided to AOS. 

Is Pedro married, though? My understanding was that Ashley is trying to pressure him into this but it hasn’t happened yet.

[NikLR 13,232]

16 minutes ago, SusieQQQ said:

Is Pedro married, though? My understanding was that Ashley is trying to pressure him into this but it hasn’t happened yet.

I dunno! This isnt my sims game!

[Going through 5,671]

Aren't Pedro and Ashley names from the TV show 90-Day Fiance (different seasons I think)?

 

The whole "pressure to marry" thing made me think of the television drama...

[SusieQQQ 11,587]

As an aside, it’s always weird how totally anonymous people on the internet try pretend it’s not actually them asking questions.  Like, no one here answering actually believes this is “hypothetical”  

What difference does it make?! It’s anonymous!

 

[User481516 2]

5 hours ago, SusieQQQ said:

Your choice now is whether or not to make that mess worse. That’s not judgement, that’s logic.

May I ask how old you are?

He is already overstaying by like a couple days, he regrets it now that is done , he thinks now this is the only way he can get forgiven for his overstay.they will marry this week.

The lawyer was a 1 time consultation for now,thisquestions came after when Pedro googled more about the consequences.

Another user mentioned above he isn't accumulating overstay during AOS? Is this true even if denied? Cause i read it would count from the moment the visa expired to avoid people abusing the AOS to have lawful presence in Usa during that period without a "real" AOS.