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Overstay & Ajustment of status

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Filed: Country: United Kingdom
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Hello everyone,

My husband came to visit me in the US (I am a citizen) this last October from the UK. We weren't married and didn't intend to marry, he hadn't visited the US in over a year. We did have contact online and by phone over that year as friends. We have known each other for 4 years now and he has visited me in the past. Neither one of us ever thought marriage would enter the picture. About 2 months into his visit to me this past fall he proposed to me in an Italian restaurant and I said yes, I was overwhelmed and shocked, but thrilled because I really didn't think he wanted to ever get married.

We put together a small ceremony together with family and friends, about 3 weeks after he proposed. His VWP expired early January 2009. I had started researching what to do to file to get him a green card. That's when I discovered the costs and such. My husband is now in over stay and I am worried sick because I know its going to be a month or two before I can raise the funds for applying for adjustment of status.

Will they hold his overstay against us if we file Adjustment of status? Will they deny him based on that? From reading the guides we seem to qualify for everything else, income, bonified marriage etc. He has no criminal record.

I was reading some other forum that said if a person entering on VWP over stays 160 days then if they are deported they can't reenter for 10 years, they would be banned. That scares the wits out of me.

Neither of us knows what to do beyond trying to raise the Adjustment money. We are afraid the over stay would cause him to be denied and deported. If he was deported would he be banned for 10 years?

I don't want to file adjustment with it likely being denied, because the money would pay for return ticket for him if there was a risk of deportation. He is completely dependent on me for everything right now. I make about 28K gross a year so sponsoring him should be no problem.

Please any advice would be quite helpful.

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Filed: Country: Spain
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Hello everyone,

My husband came to visit me in the US (I am a citizen) this last October from the UK. We weren't married and didn't intend to marry, he hadn't visited the US in over a year. We did have contact online and by phone over that year as friends. We have known each other for 4 years now and he has visited me in the past. Neither one of us ever thought marriage would enter the picture. About 2 months into his visit to me this past fall he proposed to me in an Italian restaurant and I said yes, I was overwhelmed and shocked, but thrilled because I really didn't think he wanted to ever get married.

We put together a small ceremony together with family and friends, about 3 weeks after he proposed. His VWP expired early January 2009. I had started researching what to do to file to get him a green card. That's when I discovered the costs and such. My husband is now in over stay and I am worried sick because I know its going to be a month or two before I can raise the funds for applying for adjustment of status.

Will they hold his overstay against us if we file Adjustment of status? Will they deny him based on that? From reading the guides we seem to qualify for everything else, income, bonified marriage etc. He has no criminal record.

I was reading some other forum that said if a person entering on VWP over stays 160 days then if they are deported they can't reenter for 10 years, they would be banned. That scares the wits out of me.

Neither of us knows what to do beyond trying to raise the Adjustment money. We are afraid the over stay would cause him to be denied and deported. If he was deported would he be banned for 10 years?

I don't want to file adjustment with it likely being denied, because the money would pay for return ticket for him if there was a risk of deportation. He is completely dependent on me for everything right now. I make about 28K gross a year so sponsoring him should be no problem.

Please any advice would be quite helpful.

He just needs to file for adjustment of status ASAP. Until he does, he is in a overstay and will not be readmitted if he leaves, until he has some kind of visa.

His present overstay will be forgiven when he adjusts status.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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Filed: AOS (pnd) Country: Lithuania
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Hey,

His overstay will be forgiven by USCIS as long as you are a USC ,and as long as threre was no intent to get married when he came here. If he came just to visit and later you decided to get married ,you should be fine. Its better to file ASAP to have your AOS pending, because if he gets cought before you file, he could be deported . Then you would need to file a waiver and etc.

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