Can i overstay my ESTA?

[A&St 17]

Hello,

I came in US on December 3 to spend Christmas, New Year with my love. I had a ticket to go back home on January 21 but my girlfriend proposed to me on January 20 and asked me to stay. Of course I missed my flight. We talked and we decided to get married here. On February 3 we went to get marriage license, but horrible thing happened... My purse was stolen with all my documents (ID card, passport)...I went to embassy to order a new passport but they said that it's gonna be here after 2-3 months....

My ESTA/VWP expires on March 1. Can i still wait here for my passport and get married after that? Can i still get a green card without leaving US? How about my overstay?

Thank you for your help.

[Transborderwife 4,666]

Yes you can. Just be aware that there is no appeal for a denied aos from vwp should it not be granted.

[NataliaLin 18]

Sorry to hear that! Did you went to the police department to make a report of the missing documents? And I think in this case you should consult for an express temporary passport (some countries does make them, like for "one use" and have a sooner expiration date, with that you might be able to process..

[NataliaLin 18]

And in the case of overstay, it will be counted from March 1. You only missed your flight, but you still on the VWP limit date. If you get things straight and send the AOS package before march 1 will be the best bet, but still... like Transborderwife said, be aware because it is not granted

[A&St 17]

Sorry to hear that! Did you went to the police department to make a report of the missing documents? And I think in this case you should consult for an express temporary passport (some countries does make them, like for "one use" and have a sooner expiration date, with that you might be able to process..

Yes i went to police and report that. Embassy can't give me any temporary passport just some paper to come back home but i doubt i can use it to get married :/

I know it's bad to overstay but we have a lot of things to prove our relationship. I just want to make sure we still can do this .

[Transborderwife 4,666]

Yes i went to police and report that. Embassy can't give me any temporary passport just some paper to come back home but i doubt i can use it to get married :/

I know it's bad to overstay but we have a lot of things to prove our relationship. I just want to make sure we still can do this .

Then why not just go home to be safe?

[NikLR 13,220]

Overstay for AOS is forgiven if that is the route you are looking at. So if you are now planning on getting married and adjusting your status, the overstay doesn't matter. However if you're not planning on marrying and adjusting your status you need to find some ID to get home before your 90 days are up.

Overstay only incurrs a ban after 180 days of overstay. But you lose your VWP privileges if you stay over your 90 days.

[A&St 17]

Overstay for AOS is forgiven if that is the route you are looking at. So if you are now planning on getting married and adjusting your status, the overstay doesn't matter. However if you're not planning on marrying and adjusting your status you need to find some ID to get home before your 90 days are up.

Overstay only incurrs a ban after 180 days of overstay. But you lose your VWP privileges if you stay over your 90 days.

Yes we are still planing to get married. So basically i just need to wait for my passport and then get married so my overstay will be forgiven

[Alaska2012 462]

If you are in no rush to get back home you can get married and adjust, that way the overstay will be forgiven. But you won't be able to go home for quite a while. You don't have an apartment, job or such that you need to take care of?

[Transborderwife 4,666]

Yes we are still planing to get married. So basically i just need to wait for my passport and then get married so my overstay will be forgiven

No. You need to marry, apply for aos, have it granted and then your overstay is forgiven.

[A&St 17]

If you are in no rush to get back home you can get married and adjust, that way the overstay will be forgiven. But you won't be able to go home for quite a while. You don't have an apartment, job or such that you need to take care of?

I took care of this when i decided to stay and get married here before i lost my documents. I don't have any urgent to go back home anymore

No. You need to marry, apply for aos, have it granted and then your overstay is forgiven.

Yes i of course i understand that i need to apply for aos and hàve it granted. Thanks

[3rd 84]

Just bear in mine that part of the requirements to file for AOS is a scan of your passport. I don't know if there might be a way for you to scan the documents given to you by your embassy and attach an explanation as to why it's not a true passport scan. You'd more than likely get an RFE, but hopefully by that point you'll have your replacement passport in hand and all that would be left to explain is the situation that your passport was stolen and attach the police record. At least this would get you into some form of cover as you'd be excused the overstay. It's also wise to note that the less overstay the better. If you accrue more than 180 days of overstay from your VWP exit date, then AP is all but useless.

My plans changed when I was only visiting. I was originally set to spend some time with my friend in NC (which I did), then come to California and travel a little down the west coast before heading on from there to New Zealand to visit family. The jist of it is that my husband's dog got into a bad accident and he was a bit shaken up by it all. In the end he decided that he didn't want me to go, ever, so we made a plan for me to stay. It's been tough not being able to travel, and I almost advise those that don't absolutely have to stay that it would be emotionally and mentally easier to either apply for a K-1 or get married, go home and go the CR-1 route. Adjusting from a VWP has by no means been easy, but the wait is nearly over now.

I wish you luck in what you end up doing. Just know that the option is there for you to go home still!

Edited February 11, 2016 by 3rd

[A&St 17]

Just bear in mine that part of the requirements to file for AOS is a scan of your passport. I don't know if there might be a way for you to scan the documents given to you by your embassy and attach an explanation as to why it's not a true passport scan. You'd more than likely get an RFE, but hopefully by that point you'll have your replacement passport in hand and all that would be left to explain is the situation that your passport was stolen and attach the police record. At least this would get you into some form of cover as you'd be excused the overstay. It's also wise to note that the less overstay the better. If you accrue more than 180 days of overstay from your VWP exit date, then AP is all but useless.

My plans changed when I was only visiting. I was originally set to spend some time with my friend in NC (which I did), then come to California and travel a little down the west coast before heading on from there to New Zealand to visit family. The jist of it is that my husband's dog got into a bad accident and he was a bit shaken up by it all. In the end he decided that he didn't want me to go, ever, so we made a plan for me to stay. It's been tough not being able to travel, and I almost advise those that don't absolutely have to stay that it would be emotionally and mentally easier to either apply for a K-1 or get married, go home and go the CR-1 route. Adjusting from a VWP has by no means been easy, but the wait is nearly over now.

I wish you luck in what you end up doing. Just know that the option is there for you to go home still!

Thanks i think we will be able to fit in 180 days. I have all evidence from police so i will just add witg my papers. For us it will be easiet if i will stay and apply from here. We don't want to be apart anymore

[tomriesgo 39]

Yes you can. Just be aware that there is no appeal for a denied aos from vwp should it not be granted.

Who told you this? Of course there is an appeal option, you'll need to hire a lawyer but you can appeal any decision. The issue sits with you're out of status, who've over stayed on your ESTA and it could raise a red flag. The best option would be get married and file paper work before this date.

[tomriesgo 39]

Hello,

I came in US on December 3 to spend Christmas, New Year with my love. I had a ticket to go back home on January 21 but my girlfriend proposed to me on January 20 and asked me to stay. Of course I missed my flight. We talked and we decided to get married here. On February 3 we went to get marriage license, but horrible thing happened... My purse was stolen with all my documents (ID card, passport)...I went to embassy to order a new passport but they said that it's gonna be here after 2-3 months....

My ESTA/VWP expires on March 1. Can i still wait here for my passport and get married after that? Can i still get a green card without leaving US? How about my overstay?

Thank you for your help.

Denied Applications

A VWP overstay whose case is denied by USCIS has no appeal rights and may not be placed in removal proceedings before an immigration judge. There is, however, an exception for cases filed within the jurisdiction of the Ninth Circuit.10 A VWP overstay who is an immediate relative and whose Form I-485 was filed within the 90-day period of admission within the jurisdiction of the Ninth Circuit is entitled to be placed in removal proceedings under INA section 240 should the adjustment application be denied by USCIS. In such cases, USCIS will refer the case to ICE for its consideration. USCIS may also issue an NTA before referring a Ninth Circuit case to ICE, if doing so is consistent with USCIS guidance on NTA issuance.

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf