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Overstay on visa waiver

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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.

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First advice - consult an AILA attorney. What you propose is legal as you described it, and can be done, but you should really seek professional assistance.

The overstay may not be an issue, but I wouldn't like to offer definitive advice here.


The initial mystery that attends any journey is: how did the traveller reach his starting point in the first place?

---Louise Bogan, Journey Around my Room

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Just go march in the streets! :P

Sorry, I couldn't resist that. The last post seems to be the way to go. Good Luck!


Phil and Joy

Our Journey:

08-24-2003 Met my Beloved Joy

11-26-2005 Cebu City to visit my Beloved Joy

12-26-2005 Left Cebu City

02-06-2006 Sent I-129f to TSC

02-08-2006 I-129f arrives, not picked up

02-09-2006 I-129f picked up by TSC

02-15-2006 I-797C, NOA1 Notice Date from CSC

02-17-2006 Money Order for I-129f fee cashed

02-21-2006 Joy gets NBI Clearance. NOA1 in mail

03-16-2006 Joy gets CFO cert.

05-09-2006 Approved. NOA2 dated May 8, 2006

05-13-2006 Official NOA2 in mail

05-22-2006 NVC sent petition to Manila

09-25-2006 Interview APPROVED!!!!!

12-31-2006 Joy arrives home

01-25-2007 Married

03-29-2007 AOS packet sent

06-19-2007 Joy's GC production ordered

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Have a read of this thread. It will give you all the information you are after.

http://www.visajourney.com/forums2/index.php?showtopic=62644&hl=

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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:thumbs: good luck

Adele


> Texas have received out application and cashed the cheque!

We got our NOA1 as at 26 Oct 2005!

Sent to CSC 26 Oct 2005

NOA2 26 Jan 2006

Sent to Embassy 9 Feb 2006

Embassy sent pk3 21 feb 2006

Recd and return pk3 27 feb

Medical 8 March

recd pk4 11 April

Interview 10 May

Visa Approved 10 May

Visa Received 13 May

Fly to Memphis 21 june

Married 1 September

AOS NOA1 23 Jan 2007

Case transferred to Missourri

Case transferred back to CSC feb 01

Card in the mail March 05

Case approved March 005

Welcome to America Letters received March 08

Filed for lifting of conditions - received in Vermont Jan 20 2009

I-797C NOA received Jan 26 2009

Visit My Website

A Joy unshared is like and unlighted candle

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U can do it, the only thing is they gonna bother u a little bit more than usual.

Your status as u said is OVERSTAY,u should submit these forms:

1.- i-130 Relative.

2.- i-i485 Adjust of Status.

3.- i-765 Work Permit.

4.- i-695 Medical.

5.- i-864 Affidavit.

6.- g325 one for u and one for her.

c u later.

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U can do it, the only thing is they gonna bother u a little bit more than usual.

Your status as u said is OVERSTAY,u should submit these forms:

1.- i-130 Relative.

2.- i-i485 Adjust of Status.

3.- i-765 Work Permit.

4.- i-695 Medical.

5.- i-864 Affidavit.

6.- g325 one for u and one for her.

c u later.

There is only one suggestion that should be made... Talk to a AILA attorney. You don't need to hevae them do the paperwork, but the initial consultation is well worth the few hundred dollars that it will cost.


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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well if you are overstay then it doesnt matter you are from germany, england or australia. its a terrible violation. its my personal experince. i was not the one to do but a guy flying with me was from germany. he has applied for AOS. but when he came back to usa he was stopped on the airport blaming he overstayed in his prvious visit went in lock up and sent back to gemrany.

well its a big violation. you would have to go through a lengthy process. your application would be probably denied and you amy need to go the court. After 9/11 things are pretty rough.


ARR.jpgaug06ayeshaB.jpg

Meeting Online: Yahoo chartroom Aug 2001.

Direct meeting & marriage: Dec 2003 USA, NY

I-130 petition in DCFR Tokyo: March 14th 2004. Case reffered to DHS USCIS

Four visits to japan in 2004: Oct 2004, wife got pragnant.

Wife/Fiance left USA and moved into Japan: Feb 5th 2005.

Baby Born: June 24th 2005(Japan)

I-130 denied: July 17 2005(Divorce was declared not valid)

Refiling Divorce: oJuly 17th 2005 NY State.

Divorce granted: Nov 17th 2005

K-1 application: Mar 1st 2006

Approval: May 23rd 2006

US consulate RFE: June 15th 2006

FRE sent (Original passports, birth certificate, all origional docs): July 10th 2006

Medical: Oct 11th 2006.

Interview: Nov 10th 2006(expected)

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I wish you the best for your future together.


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LhJUm4.png

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Met on October 18, 1996 in a bar called "Calypso" in Richmond, Virginia, during my Au-Pair year

View complete Timeline:

Quick Facts:
02/23/2006 - sent I 129 to VSC (first step done!) 07/13/2006 - received Visa!
09/22/2006 - civil marriage in New York City
10/05/2006 - sent AOS papers to VSC
12/11/2006 - Welcome Letter and GREEN CARD in Mail!!!!!! Lets' party!!!!!
09/24/2008 - sent Removal of conditions package to VSC
07/02/2009 - received 10 year Green Card! YEAH!!!!! Finally!
2014 - Citizenship

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well if you are overstay then it doesnt matter you are from germany, england or australia. its a terrible violation. its my personal experince. i was not the one to do but a guy flying with me was from germany. he has applied for AOS. but when he came back to usa he was stopped on the airport blaming he overstayed in his prvious visit went in lock up and sent back to gemrany.

well its a big violation. you would have to go through a lengthy process. your application would be probably denied and you amy need to go the court. After 9/11 things are pretty rough.

However as Boiler stated this can be avoided if one does not leave the US.

From http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Ineligible

You may be ineligible for adjustment to permanent resident status if:

You were admitted into the United States as a visitor under the Visa Waiver Program. (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).)

To the OP. To be clear on your options, seek a consultation with an immigrant attorney.


You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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