Need Help

[divinedecay 0]

Ok, so this might end up being really long.

I came over to the US from the UK on a visa waiver at the end of last December. The person I came to visit (a US citizen) proposed to me on New Years and I accepted, we were married on 3rd of January. We had previously known one another for a year over the internet, he came to visit me in the UK once during that year while he was on leave. He was deployed for the whole year.

I am now an overstay and I am yet to file my forms as it took us a long time to get together enough money to do so (I only had limited savings as I was a student and my husband is US military so he doesn't earn a great deal). I called my university and quit in the middle of my second semester, a month or so after we were married. The only job I had in the UK was part time work which I had quit before Christmas so that I could go home and visit my family, this is common practice with students in the UK. During the time I have been here I have also become pregnant.

We have finally got all the forms together, with little thanks to the USCIS who were entirely unhelpful, and we are about to mail everything off. I'm pretty sure (I have checked and checked and triple checked) that the forms we have are the correct ones.

The problem is that I was here on a visa waiver, therefore I do not have the correct immigration paperwork to begin with. I am going to send in a copy of the visa waiver form in my passport to show that I entered legally, with inspection. When I came through off of the plane the man at the counter asked me if I was intending to get married while I was here. I answered no because I did not realize that we were going to end up getting married.

Like I mentioned previously, I have now also overstayed my visa waiver by over 3 months.

How do I stand in the eyes of the immigration people? I've heard that overstay is forgiven by marriage however I was married before I overstayed, does that make a difference?

How do I stand with the fact that I came in on a visa waiver and was then married?

Will my pregnancy affect any of this?

Thanks for your help.

[John & Annie 0]

Ok, so this might end up being really long.

I came over to the US from the UK on a visa waiver at the end of last December. The person I came to visit (a US citizen) proposed to me on New Years and I accepted, we were married on 3rd of January. We had previously known one another for a year over the internet, he came to visit me in the UK once during that year while he was on leave. He was deployed for the whole year.

I am now an overstay and I am yet to file my forms as it took us a long time to get together enough money to do so (I only had limited savings as I was a student and my husband is US military so he doesn't earn a great deal). I called my university and quit in the middle of my second semester, a month or so after we were married. The only job I had in the UK was part time work which I had quit before Christmas so that I could go home and visit my family, this is common practice with students in the UK. During the time I have been here I have also become pregnant.

We have finally got all the forms together, with little thanks to the USCIS who were entirely unhelpful, and we are about to mail everything off. I'm pretty sure (I have checked and checked and triple checked) that the forms we have are the correct ones.

The problem is that I was here on a visa waiver, therefore I do not have the correct immigration paperwork to begin with. I am going to send in a copy of the visa waiver form in my passport to show that I entered legally, with inspection. When I came through off of the plane the man at the counter asked me if I was intending to get married while I was here. I answered no because I did not realize that we were going to end up getting married.

Like I mentioned previously, I have now also overstayed my visa waiver by over 3 months.

How do I stand in the eyes of the immigration people? I've heard that overstay is forgiven by marriage however I was married before I overstayed, does that make a difference?

How do I stand with the fact that I came in on a visa waiver and was then married?

Will my pregnancy affect any of this?

Thanks for your help.

First off, Congratulations on the wedding and welcome to the US

You are fine, many people here have adjusted from the VWP.

You may want to read through the guides, they may answer a lot of your questions.

Yes, overstays are forgiven for marriage to a US Citizen.

Relax, please keep your time line up to date and if you are unsure about something you can ask or PM a moderator or someone you see giving good advice.

The best recommendation any one can give here is to consult with a competent immigration lawyer. You may not need one, but as your husband in in the military he has access to free legal services.

see you in the forums

[Nancy2015 2]

Congrats on your wedding and the baby!!! :dance:

The problem is that I was here on a visa waiver, therefore I do not have the correct immigration paperwork to begin with. I am going to send in a copy of the visa waiver form in my passport to show that I entered legally, with inspection. When I came through off of the plane the man at the counter asked me if I was intending to get married while I was here. I answered no because I did not realize that we were going to end up getting married.

You have your I-94W, right? So, you have the correct immigration paperwork - just don't forget to have your husband send an I-130 with the AOS packet - this is the form people adjusting from K-1 don't need, but you do.

You didn't have an intent to get married, so most likely it will be a non-issue. If the IO at the interview asks you about your intent upon entry, tell him the truth, and you should be fine.

Like I mentioned previously, I have now also overstayed my visa waiver by over 3 months.

This is indeed forgiven, cause your an immediate relative of a US citizen.

Will my pregnancy affect any of this?

It can make your interview very easy - there's no better proof of a bona fide raletionship than having a baby together!

Congrats!!!

[john_and_marlene 162]

The overstay is not forgiven because you are married to a USC. The overstay is forgiven with the AOS approval. The marriage to the USC means that the overstay cannot be used as the grounds for denying the AOS.

For instance: If you overstay 2 years and then marry a USC and leave the country without adjusting status, you will have a 10 year ban because of the overstay. The marriage did not forgive the overstay.

So, to answer you concern: It doesn't matter whether you overstayed before or after you were married. It matters that the overstay cannot be held against you to deny an adjustment of status. Once you adjust status, the overstay is mute as you are a permanent resident.