Freaking out and need help/advice asap!

[Lostjezz 0]

Hello everyone.

I'm in dire need of some help or advice as what to do right now. I will try and keep it short for now so I don't confuse anyone. Please ask any questions if need be.

I arrived in America for a 3 months visit to see my partner. This was my third trip here. I have previously never overstayed a visa.

Coming up to me leaving, we caved in under the pressure of living apart again - and ended up getting married with the intention of applying for an AOS soon thereafter. (I was still within my 90 days at this time.)

However... it's been over 150 days now and we've still yet to file any paperwork. I realize how stupid this was, as it's been so easy to put these things on the back burner and think that it'll be fine to save up later for it.... wishful thinking. No, no, no.

After months of settling in here I finally decided to do some more research and was stunned to find info that suggested that overstays past 180 would result in a 3 year ban. I knew that overstaying as is was not in my best interests if I wanted to appeal for an AOS, but it wasn't something I could necessarily help since we didn't initially have the funds to afford the AOS process. I was naive thinking that 6 months was the same as overstaying 1... which is why we choose to deal with other things financially before this. The 180 day deadline hits in less than a month and we are scraping for cash as is.

Yes, I'm stupid and naive... but I don't wish to be lectured. We'll suffer under the stress and hole that we've dug for ourselves.

I just really need someone... anyone... who can give me advice as to what we should do at this time.

What are my options? Is it possible that I can still stay here? Would trying to gather funds to apply for an AOS before the 180 days be worthwhile?

I love my husband dearly and it breaks my heart to even contemplate the possibility of flying back to Australia. Any help would be greatly, greatly appreciated...

[Otto 83]

If it were me/us - I would seriously consider remaining in the US and following the I-130/I-485 'path' (see Guides).

It would be worthwhile to consult with a qualified family-based immigration attorney first, but that is what I would consider if I were in your shoes and I originally had no intentions of staying when I first came to visit (Intent does matter).

[JimVaPhuong 4,863]

If it were me/us - I would seriously consider remaining in the US and following the I-130/I-485 'path' (see Guides).

It would be worthwhile to consult with a qualified family-based immigration attorney first, but that is what I would consider if I were in your shoes and I originally had no intentions of staying when I first came to visit (Intent does matter).

Agreed!

I'd do more than just "scrape". I'd sell everything I had to come up with the cash, if need be.

[Lostjezz 0]

Thank you, both of you.

We're going to do everything in our power to get money together for the paperwork. 180 days for us is August 1st-2nd, so we don't have a lot of time. I'm just thankful I found this information before it was too late. We've risked our ability to be together far too much as it is... I do not wish to risk a 3 year ban too!

My initial intent was not to stay here, but I'm now happily married and settling into a new life and home - so other than the stupidity of letting my overstay drag on for so long, I have no regrets. I'm just crossing my fingers that we can figure something out, and that my overstay won't hurt my chances too much of remaining.

[Bobby+Umit 161]

Thank you, both of you.

We're going to do everything in our power to get money together for the paperwork. 180 days for us is August 1st-2nd, so we don't have a lot of time. I'm just thankful I found this information before it was too late. We've risked our ability to be together far too much as it is... I do not wish to risk a 3 year ban too!

My initial intent was not to stay here, but I'm now happily married and settling into a new life and home - so other than the stupidity of letting my overstay drag on for so long, I have no regrets. I'm just crossing my fingers that we can figure something out, and that my overstay won't hurt my chances too much of remaining.

It goes to 10 years once you reach a year of overstay... So make haste and file that AOS.

As long as you get the NOA, your status will go to "applicant waiting to adjust", and the "overstay" clock stops ticking.

With the amount you say you have, I would not even bother with filing for the AP, even if granted, you will incur the ban on return to the US.

[Anh map 2,098]

Get the AOS docs filed ASAP. Do not leave the country.

[Kathryn41 3,205]

Just one point that might help - the ban doesn't kick in until you leave the country - so as long as you don't leave before you get your green card you should be alright. File asap, though, because your status is at risk until you do. Good luck.

[Krikit 1,163]

Moving to the AOS From Another Visa forum where you will find other members who have done the same thing. Good luck, Lostjezz.

[familyguy 2]

Firstly, congrats on your marriage.

Applying for AOS will stop the clock ticking. As others have said file for AOS and do NOT leave the country even with an AP until the GC is in your hand. Good luck guys.

How long had he been here when you got married? I seem to recall hearing about a thing called the 30/60/90 rule but have no clue if it is fact or myth. Perhaps some of the longer standing members can fill you in on that one.

Edited July 14, 2009 by familyguy

[levnd 0]

Do whatever you can to come up with the money, and then file for AOS. (obviously don't starve yourself or anything)

Your overstay (if you have one) will be forgiven once your AOS is approved

As previously said do NOT leave the country even with AP. Stay put until your greencard is approved.

Good Luck!

Edited July 14, 2009 by levnd

[Lostjezz 0]

Thank you all so much for the support and swift replies! I appreciate it so much, and it has definitely helped calm my nerves down...

As far as our marriage goes - we married about 1-2 weeks before I was meant to leave the country. Approx 77 days into my trip.

I was also previously intending to visit Australia for X-Mas/New Years/My birthday but I definitely understand that it's far too risky to even try. While I'm shattered that I'll have to tell my family and friends that I won't be able to visit, I know it's my fault and if this is the worst that could come from all of this, I am truly relieved.

Having gone through the guides again, I realized that in the I-485 pack that I will be requiring my birth certificate and it may take over the 180 days before I can organize a copy. Hopefully as you guys said, it won't matter once my AOS is approved. I have my fingers crossed and am hoping for the best. I will keep you all updated with my progress as it goes. After all, if it wasn't for you guys I'd be completely clueless and over-stressing right now. Again, thank you for all the advice.

One last quick question before I wrap this reply up - In the guide for assembling the I-485 package, do I need to have gone through the medical examination process as listed under 12: I-693, Medical Examination of Aliens Seeking Adjustment of Status, before I mail my AOS? Or is this something that will be asked of me later? Just curious because it appears under the I-485 checklist but I see that people have been having their examinations after applying.

[familyguy 2]

As you are already here, do not worry about the medical for now.

[alonoochka 0]

Hello everyone.

I'm in dire need of some help or advice as what to do right now. I will try and keep it short for now so I don't confuse anyone. Please ask any questions if need be.

I arrived in America for a 3 months visit to see my partner. This was my third trip here. I have previously never overstayed a visa.

Coming up to me leaving, we caved in under the pressure of living apart again - and ended up getting married with the intention of applying for an AOS soon thereafter. (I was still within my 90 days at this time.)

However... it's been over 150 days now and we've still yet to file any paperwork. I realize how stupid this was, as it's been so easy to put these things on the back burner and think that it'll be fine to save up later for it.... wishful thinking. No, no, no.

After months of settling in here I finally decided to do some more research and was stunned to find info that suggested that overstays past 180 would result in a 3 year ban. I knew that overstaying as is was not in my best interests if I wanted to appeal for an AOS, but it wasn't something I could necessarily help since we didn't initially have the funds to afford the AOS process. I was naive thinking that 6 months was the same as overstaying 1... which is why we choose to deal with other things financially before this. The 180 day deadline hits in less than a month and we are scraping for cash as is.

Yes, I'm stupid and naive... but I don't wish to be lectured. We'll suffer under the stress and hole that we've dug for ourselves.

I just really need someone... anyone... who can give me advice as to what we should do at this time.

What are my options? Is it possible that I can still stay here? Would trying to gather funds to apply for an AOS before the 180 days be worthwhile?

I love my husband dearly and it breaks my heart to even contemplate the possibility of flying back to Australia. Any help would be greatly, greatly appreciated...

your best option is to stay here (in USA) and submit the I-130 ASAP first of all. This form will cost $355. After you submit it, shortafter you will receive an approval . Submitting the I-130 ASAP will save you from the overstay- status. my thoughts to you is to submit the I-130 first (without the I-485) because of the lower cost and the urgency.... The I-485 (AOS) can be filed later (I-485 is $1,010). While you awaiting I-130 approval, you will have some time to save for the I-485 fee and can be more relax.

I-130 is an easy package and can be assembled perfectly within few days. Hurry up and mail it. If you need more help, pls reply.

GOOd LUCK

[P&R 1]

your best option is to stay here (in USA) and submit the I-130 ASAP first of all. This form will cost $355. After you submit it, shortafter you will receive an approval . Submitting the I-130 ASAP will save you from the overstay- status. my thoughts to you is to submit the I-130 first (without the I-485) because of the lower cost and the urgency.... The I-485 (AOS) can be filed later (I-485 is $1,010). While you awaiting I-130 approval, you will have some time to save for the I-485 fee and can be more relax.

I-130 is an easy package and can be assembled perfectly within few days. Hurry up and mail it. If you need more help, pls reply.

GOOd LUCK

Its my understanding that only the I-485 protects you, not just the I-130. You need to do a concurrent filing of both the I-130 ($355) and I-485 ($1010).

[Kar98 0]

As you are already here, do not worry about the medical for now.

Where did you get THAT from? Of course get the medical, and submit the sealed results with your other forms. Otherwise USCIS will send you a RFE (request for evidence) and that will stop everything else.

What you don't have to worry about is the overstay. Some people ( ) filed for marriage-based AOS almost a decade after arrival on VWP and the question of why? never came up.