Overstay by a few days

[torontogal 0]

We finally got the money to process everything. I was due to leave with plane ticket in hand before my overstay. I ended up with a sinus infection and vertigo and hubby and I then decided that perhaps I could try the AOS route since he really didn't want me to leave (he felt the whole sinus thing was a sign from up above )

Anyways, I have plenty of proof, medical insurance, tickets etc... that I did not intend to stay. My question is, will this jeopardize my chances of the AOS. I keep hearing stories of people overstaying for months and because of the AOS they are "forgiven" then I hear its a no go, you gotta go back home, you overstayed your welcome. I overstayed so far about 5 days. Any help will do.

Thanks

TG

P.S. FYI All forms are ready to leave other then the I-864 which I posted a question on this forum for so I just want to send this stuff out and not wait in this stressful limbo.

[YuAndDan 153]

Note you need to include I-130 and $355 fee if adjusting from a visa other than K-Visa. The AOS will be based on the included I-130 and you check "a" Based on approved relative petition, on form I-485.

[torontogal 0]

Note you need to include I-130 and $355 fee if adjusting from a visa other than K-Visa. The AOS will be based on the included I-130 and you check "a" Based on approved relative petition, on form I-485.

Yep, I got that done thanks. So do you think we'll be in trouble for a few days?

[pushbrk 12,106]

Note you need to include I-130 and $355 fee if adjusting from a visa other than K-Visa. The AOS will be based on the included I-130 and you check "a" Based on approved relative petition, on form I-485.

Yep, I got that done thanks. So do you think we'll be in trouble for a few days?

I wouldn't venture a firm answer to your question without knowing the status under which you entered the US, as well as when and whre the marriage took place.

[torontogal 0]

Note you need to include I-130 and $355 fee if adjusting from a visa other than K-Visa. The AOS will be based on the included I-130 and you check "a" Based on approved relative petition, on form I-485.

Yep, I got that done thanks. So do you think we'll be in trouble for a few days?

I wouldn't venture a firm answer to your question without knowing the status under which you entered the US, as well as when and whre the marriage took place.

I entered as a visitor late July, I kept renewing my trip month by month and finally got married in December here in the US and I was leaving for Canada the beginning of January until I got sick with sinusitis. I still have my plane ticket because I had to postpone it.

Edited January 28, 2008 by torontogal

[torontogal 0]

Note you need to include I-130 and $355 fee if adjusting from a visa other than K-Visa. The AOS will be based on the included I-130 and you check "a" Based on approved relative petition, on form I-485.

Yep, I got that done thanks. So do you think we'll be in trouble for a few days?

I wouldn't venture a firm answer to your question without knowing the status under which you entered the US, as well as when and whre the marriage took place.

I entered as a visitor late July, I kept renewing my trip month by month and finally got married in December here in the US and I was leaving for Canada the beginning of January until I got sick with sinusitis. I still have my plane ticket because I had to postpone it.

Any Help or Opinion on this matter would be appreciated.

thanks in advance

TG

[torontogal 0]

I was wondering if anybody could offer any advice on this topic for me please. Thank you.

[Dylan 0]

Aren't you the same user from Montreal that posted this story before? Except, you didn't know if you should return or not because you and your husband didn't want to wait it out?

In any event, if they suspect you entered the U.S. with the intention of getting married and staying, then your petition will be refused and you will face a ban.

As far as the over stay, I beleive I read somewhere that over stays of less then 182 days do not come with a penalty but I can't confirm that.

I think you need to consult an attorney.

Edited January 30, 2008 by Dylan

[JenT 0]

Your overstay should be forgiven, assuming you can prove there was no immigration intent....

Edited January 30, 2008 by JenT

[torontogal 0]

Thank you for your replies. It's really appreciated.

TG

Edited January 30, 2008 by torontogal