Came on Esta.. Aos? Married British Girl who is now scared!

[Bamagoddess25 0]

Hi All,

 

OK! So little old me was dating a us citizen, i visited in Sept '17 and we hit it off, we instantly clicked but we knew we would have to take things slow because we would only see each other every three to four months. I returned to the UK in Oct '17 with the intention of returning in Dec'17. We carried on dating and we couldn't wait to reunite. In december my grandfather died, crushing me and leaving me wanting to reunite with my boyfriend faster. I returned to the USA and spent xmas and new year with my boyfriend and his family, whilst here i was notified of the funeral date, i decided to stay here with my boyfriend for the remainder of my esta as i was struggling to come to terms with everything. I resigned from my job in the uk as my dad told me he would hire me upon reinstating his company within the next month or so and the job i had would of had to let me go as i no longer was allowed time off work. Three days before i was due to leave (Esta Expiry Date was in three days) my boyfriend took me for a hike in the forest as one of our last few times we could spend together.. he proposed saying since ive been here he couldn't live without me, it would kill him to see me go home again. I said yes. We married two days later, in a little but cute chapel. We had every intention to try even though impossible to file everything within the next week, haha! We were so shocked how much you have to do, but my esta ran out within two days of our wedding and now im here overstaying. i've overstayed nearly two months as ive been waiting for my medical records from the UK. 

 

Am i right in thinking because i came here under intentions of returning home & because the marriage was bona fide & spur of the moment i am able to file for AOS?

 

What is the chance of it being denied & being deported?

 

Any and all help is welcomed.

 

Thanks, 

 

Roll Tide!

Edited May 8, 2018 by Bamagoddess25

[geowrian 22,338]

1. Yes you can file for AOS. The overstay is ignored for AOS purposes as the spouse of a USC. Intent was determined at POE, so that's not an issue here either.
2. Your ESTA privileges are permanently gone. This would only impact you if you do not get a green card or if you ever abandon it later in life and then want to visit the US.

Guide: http://www.visajourney.com/content/i130guide2

Medical is not required right away, only before approval.

Edited May 8, 2018 by geowrian

[Boiler 46,276]

Well you are currently deportable so file asap.

[MyJourney 276]

38 minutes ago, geowrian said:

1. Yes you can file for AOS. The overstay is ignored for AOS purposes as the spouse of a USC. Intent was determined at POE, so that's not an issue here either.
2. Your ESTA privileges are permanently gone. This would only impact you if you do not get a green card or if you ever abandon it later in life and then want to visit the US.

Guide: http://www.visajourney.com/content/i130guide2

Medical is not required right away, only before approval.

Is there also another caveat that makes ESTA applicants ineligible for appeal if they are denied? I think I have read it somewhere, but can't remember exact wording. 

Edited May 8, 2018 by MyJourney

[MyJourney 276]

So in general AOS, especially applying from ESTA, it is best to hire a lawyer, if you can afford. Because you really have one shot at it and can't risk missing.....that was my impression...Good Luck! 

[geowrian 22,338]

3 minutes ago, MyJourney said:

Is there also another caveat that makes ESTA applicants ineligible for appeal if they are denied? I think I have read it somewhere, but can't remember exact wording. 

Yes, all VWP travelers have waived certain rights to appeal a removal / due process.

I wouldn't go as far to say that a lawyer is necessary, though. It's still a DIY case unless there's other complicating factors. Some paperwork + showing a bona fide marriage is really all that's needed, and there's not really anything a lawyer can do in those departments IMO.

[yuna628 9,747]

Lawyer will not help the OP unless there is something specifically complicated in the couple's history. I'd suggest that they file as soon as possible, as she is out of status and subject to deportation. Aside from the obvious that they are not authorized to work or travel either... just study the guides here.. the AOS process is fairly straightforward.

 

Is there something that is stopping you from filing right now? Medical records from the UK aren't really needed here unless there is something major in their history. You'll need to be seen by a US civil surgeon and go through the medical process with them. That's going to take a little bit of time, so the OP should really get the ball rolling.

[Pumpkin 24]

If it makes you feel better OP, I overstayed my visa too. And way more than just the 2 months you have so far. I came here to the US last year on May 2017 on a Tourist (B-2) Visa (for reference I got married to my USC husband on June 2017) and I've been out of status since November 2017 which was when I was supposed to leave after the max 6-month allowed stay for tourists. Like you, I also panicked and worried and tried to get everything together before November but turns out it's impossible to get that much stuff together especially since I came here with no documents at all which I needed to file (birth certificate, medical, etc.).

 

We actually finally filed our AOS last month (April 2018) and it was received by USCIS and we got the receipts for it so (if I understand right) I'm no longer here "illegally". Just try to get your packet with all the forms and documents and evidence you need and don't necessarily rush it. Honestly if we actually insisted on filing before November 2017, I feel like we would've messed up somehow with all the rushing. I have been so worried about getting deported during that time (what with Trump and all) but people around me including my doctor kept reassuring me that it was highly unlikely that I would be since I'm "not the kind of immigrant they're actively looking to deport" which I suppose is true.

 

So don't rush. I'm not saying to take all the time in the world either, but just do everything you can in a calmly manner at least to make sure you don't miss anything when time comes you are going to file. Good luck!

Edited May 8, 2018 by Pumpkin

[geowrian 22,338]

2 hours ago, Pumpkin said:

We actually finally filed our AOS last month (April 2018) and it was received by USCIS and we got the receipts for it so (if I understand right) I'm no longer here "illegally".

Correct. Once you properly file the AOS packet, you are in a period of authorized stay and no longer accruing unlawful presence or subject to deportation just for being in the country.

Not sure on the reason or the quotations, though...you were in the US illegally and now you are not.

[javadown2 308]

It kinda seems unfair that someone can just decide to get married and all they have to do is file an AOS at this point(I get it that your situation dictated this but it's legal so that's how it goes). At this point you really have no excuse as to why your waiting to file the AOS, it isn't that hard. 

[Pumpkin 24]

4 minutes ago, geowrian said:

Not sure on the reason or the quotations, though...you were in the US illegally and now you are not.

Just for emphasis, I suppose? lol 

[Rusty72 68]

36 minutes ago, javadown2 said:

It kinda seems unfair that someone can just decide to get married and all they have to do is file an AOS at this point(I get it that your situation dictated this but it's legal so that's how it goes). At this point you really have no excuse as to why your waiting to file the AOS, it isn't that hard. 

When I was going through the process if people got married ..you had to go back to your country of citizenship to complete the process.. so we just got the fiance visa ..that was in 2008 

Even our next door neighbors who were married he was from mexico had to go back to mexico to have things finalized.. 

Has things changed? Seems to easy to just come get married and stay.

 

Not judging anyone but I do remember thats why we just did the K1 and not get married and do it that way ..being from Canada would have been easy to just come get married adjust status but wouldn't allow us I would have had to return

[EM_Vandaveer 2,417]

2 hours ago, Rusty72 said:

When I was going through the process if people got married ..you had to go back to your country of citizenship to complete the process.. so we just got the fiance visa ..that was in 2008 

Even our next door neighbors who were married he was from mexico had to go back to mexico to have things finalized.. 

Has things changed? Seems to easy to just come get married and stay.

 

Not judging anyone but I do remember thats why we just did the K1 and not get married and do it that way ..being from Canada would have been easy to just come get married adjust status but wouldn't allow us I would have had to return

That's incorrect. While coming with intent to stay & adjust is visa fraud, filing for AOS as a spouse of a USC who entered the country legally (even if overstayed) is allowed.

[Londonergirl 133]

Mate, you'll be fine! But may I ask why you are waiting for your medical records? You won't need them for your AOS? 

[Dashinka 24,896]

12 hours ago, javadown2 said:

It kinda seems unfair that someone can just decide to get married and all they have to do is file an AOS at this point(I get it that your situation dictated this but it's legal so that's how it goes). At this point you really have no excuse as to why your waiting to file the AOS, it isn't that hard. 

There are a lot of threads that debate this topic, but in this case a member has asked for advice on their specific case.  If you want to debate the B2/ESTA to AOS topic, I suggest looking for one of those threads.

 

To the OP, congrats on the marriage, and Good Luck with your further journey.  As other posters have already stated (essentially), take a deep breath, and get your AOS package together ASAP.