I am British and have always come to the united state yearly. I met the woman of my dream about 2 years ago on one of my visits. I came over on a visa waiver program and overstayed before we got married. We are currently happily married. We are considering changing my status but I don’t know how to go about doing this.

there is some information I am missing. How long was your overstay? are you still currently in the usa on this overstay? and did you have intent to immigrate when you entered? do you have any ties to your country?

You need to return home and file for a K3 visa.

How long was the overstay?

5 months


yes i am currently in the us. no i didnt have any inteention to stay over here but my finance got pregnant and i couldnt just leave her by herself and unforunately we lost the baby but i had already overstayed before she lost the baby. i am a graduate in computer and information system. i was working with Airbus at the time before i came over to visit her.

You might want to check your matching thread in the K1 forum for more answers.

As woq boy said, you can go back to Britain and do the K3 route, or you can do the other route. If you choose the second option and if you are denied you will not have any right to appeal, and will then have to leave the usa and file for a k3.

The other route, the USC spose will have to file the I-130, I-485 and I-765 (work authorization - if you want it while waiting). Do not leave the usa while this is being processed, even if you have advance parole they will deny you re entry because of your overstay.

Please read, http://www.visajourney.com/forums/index.ph...page=i130guide2

it is a comprehensive guide of what you need to do. I would also cross reference with www.bcis.gov to ensure everything is up to date.

If you go this route you may asked to prove that you didn't have intent.

I wish you much luck.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#k
Who May Apply to Become a Lawful Permanent Resident While in the United States?

Ineligible

-You may be ineligible for adjustment to permanent resident status if:
-You entered the U.S. while you were in transit to another country without obtaining a visa.
-You entered the U.S. while you were a nonimmigrant crewman.
-You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.
-You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
-You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

Read this thread http://www.visajourney.com/forums/index.php?showtopic=62644&hl=

As chocolaterie said.....do not leave the US..........or you may face a ban and have to submit a waiver.

Good luck to you and your family.

Lorelle

Please consult an immigration lawyer , in a way i think ou can adjust status as when you live will trigger the 10 year barr. Please advice yourself and consult an immigration lawyer good at this pls.

Do not leave the US until you have talked to an immigration attorney the specializes in family-type immigration. He or she will be able to guide you on what to do next and your options for travel once you have filed the I-485.

It would be best not to leave the USA, even if granted advanced parole, until after you get approved for AOS/get the 551 stamp in the passport.

http://www.visajourney.com/forums/index.ph...page=i130guide2

All on the FAQ.

Most people here diy, not that difficult if you are OK with paperwork, a bit of a pain but all possible.

If you are out of status for more than 180 days do not travel until you have your GC.