AOS After an overstay?

[aidan80 9]

To cut a long story short I know of someone who wants to adjust status. They are currently out of status and had entered the country via the visa waiver. They have since married a US citizen, had a baby and settled.

Am I correct in thinking that they should apply to adjust status, EAD and move from there? They don't appear to have enough funds for a lawyer (I am directing them to a free lawyer).

Any advice would be welcome!

[Tom_Jim 40]

He/she may apply for AOS while in the U.S. Best of lucck to them.

[Dr_LHA 3]

To cut a long story short I know of someone who wants to adjust status. They are currently out of status and had entered the country via the visa waiver. They have since married a US citizen, had a baby and settled.

Am I correct in thinking that they should apply to adjust status, EAD and move from there? They don't appear to have enough funds for a lawyer (I am directing them to a free lawyer).

They can apply for AOS just like anyone else (file I-130/I-485 concurrently, along with supporting forms). I had a friend in a similar situation who overstayed for 8 years, and he got his Green Card no worries. You should tell your friend to get a medical done quick sharp and try to get the AOS paperwork in before the big fee increase.

[eau_xplain 2]

And your friend can apply for EAD together with the AOS. They should not apply for AP though and just wait for the GC before they go on trips overseas.

[bailey28 0]

And your friend can apply for EAD together with the AOS. They should not apply for AP th and just wait for the GC before they go on trips overseas.

YEAH they can file ,that what my husband and i did

[MariaEric 0]

So you are all saying that a person from any country listed under the Visa waiver program can just come over and marry.. overstay the 90 days... and then apply for AOS without having to deal with a K-1?

[nane1104 146]

Basically yes, but if I am informed right, they have to proof at the interview that they did not enter the US with the intend to marry and settle down here.

That will be the main obsticle to overcome in the whole process.

[Dr_LHA 3]

Basically yes, but if I am informed right, they have to proof at the interview that they did not enter the US with the intend to marry and settle down here.

They may ask this, they probably won't if the person was in the USA for a significant amount of time before they got married.

[aidan80 9]

Thanks everyone for your responses ! I'm glad I was correct in thinking they could apply for AOS.

[Tom_Jim 40]

So you are all saying that a person from any country listed under the Visa waiver program can just come over and marry.. overstay the 90 days... and then apply for AOS without having to deal with a K-1?

This is a highly contentious subject matter with both sides of the aisles with opinion. Nonetheless, people in this situation are eligible to apply, but they aren't always eligible to adjust successfully when all things are said and done: drug convictions, felony arrest, numerous class A misdemeanors.

And like Dr. LHA mentioned, if the intending beneficiary enters on a visitor's visa or on VWP and marries shortly thereafter (mean >90 days), it's at the discretion of the AG whether or not to approve or deny an adjustment of status. I've been made aware that USCIS uses a basic time formula to determine roughly if the beneficiary entered solely as intention to enter into a marriage with a USC.