Overstayed and then got married

[Chocolatelover 0]

Hi everyone,

sorry for my long post. I just need to get it off my chest and put all my concerns and questions somewhere. This forum seems to be the perfect place for all that.

Thank you for taking the time and reading my post.

After graduation from college in Germany, I entered the US in June 2008 on the Visa Waiver program with the intention to travel for a one month or two. I had a return ticket for July 2008. After my visit, I was planning on continuing my travel plans in Europe. I had flight tickets for September 2008. I have friends here in the States whom I visited at least once a year between 2001 and 2008. So, coming to the States wasn't an unusual thing for me. With my own savings and a little bit of support from my parents, traveling was easy.

At the end of summer 2008, I wasn't ready to go back to Germany. I got lost; I wasn't really sure what I wanted to do.

Meanwhile I got very focused on my yoga practice while I was in VA and DE with friends. I couldn't see myself going back to school for my Ph.D. in Germany. Instead of going back, I decided to go to NYC and enroll myself in a Teacher Training program. I found out about the 180 days-rule, so I thought it can't be that bad. I still had enough savings to pay for my teacher training and I thought I will do a little babysitting.

I know that I'm not allowed to work as a tourist; especially when you overstay. I'm aware of that.

Anyhow, I finished my teacher training in December 2008. I maintained my living conditions with a little bit of babysitting and tutoring (until present). I was on my own in NYC - I didn't really have friends back then.

In February 2009, I met someone, that someone is my husband today. I moved in with him in November 2009 and in April 2010 we got married. Our marriage is real; we both are yogis and we are happy together. We even considered going to Germany if it doesn't work out with all those paper work.

Now, I'm about to file for AOS.

I'm not sure what to say when they asked me how I had maintained my living expenses before I met my husband. What addresses should I use for the time when I was living bymyself with a roommate)? If I mention my friends' addresses, would they get in trouble for hosting an illegal alien? Would they ask me to bring an affidavit from my friends, if I told them I wasn't paying any rent from Sept 2008 till Nov 2009.

I had enough money for the fist three months of my stay and my teacher training; after that I had to work. That's the part that concerns me.

Should I leave out that I did my teacher training? If hadn't spent the money for the training, then I would have had enough for an additional 3- 4 months.

I just don't know what to say and what to avoid, before I get further in trouble.

Thank you again for taking the time to read this complicated post.

Thanks,

Sevel

[Bobby+Umit 161]

Don't lie. Always tell the truth.

From what you posted, you should not have to much difficulty with the AOS - the only thing, since you came in on a VWP, if they deny your AOS, you have no choice but to return to Germany, and would most likely have some sort of ban on you because of the overstay. (looks more than a year - so that would be a 10 year ban) (When did your I-94 expire?) - but if you get the GC, then your in the clear.

Working and overstay is usually "forgiven" because of the marriage to the USC - as long as you don't have more adverse conditions, the AOS should proceed normally, but file for the AOS ASAP.

I'm going to move this to the correct forum (From AOS/Family visa to AOS/visitors

[milimelo 4,156]

^^ Concur. Also note that while you can apply for Advance Parole and the USCIS grants them, you DO NOT want to leave the US for any reason until you have a green card in your hands. Reason is your overstay - more than 365 days and it's a 10-year ban.

[VanessaTony 3,567]

I'm not sure what to say when they asked me how I had maintained my living expenses before I met my husband. What addresses should I use for the time when I was living bymyself with a roommate)? If I mention my friends' addresses, would they get in trouble for hosting an illegal alien? Would they ask me to bring an affidavit from my friends, if I told them I wasn't paying any rent from Sept 2008 till Nov 2009.

I had enough money for the fist three months of my stay and my teacher training; after that I had to work. That's the part that concerns me.

Should I leave out that I did my teacher training? If hadn't spent the money for the training, then I would have had enough for an additional 3- 4 months.

Put the address you lived in. They will not get into trouble for "harbouring an illegal". From what I understand I doubt they're supposed to check you're legal before allowing you to rent a room... I've never heard of anyone being asked that except when buying a home...

Your teacher training is fine. You should mention it.

As stated, working while not being able to is forgiven when you marry a USC and successfully AOS. So write that in too.

NEVER lie, even by omission. It's always best to be 100% honest. Like the PP's said, it looks like you should be fine as long as your relationship is legit and you prove that to them.

Best of luck.

**Edit- Also, apply for the EAD (employment Authorisation) so you can work while the AOS is processing. DO NOT apply for the travel document (I-131), it will most likely be denied but in case they "miss" that it shouldn't be approved, it would only confuse you into thinking you can use it. You CANNOT leave the US until you have your greencard in your hand.

Edited May 6, 2010 by Vanessa&Tony

[Brother Hesekiel 2,235]

None of your concerns are an issue. Nobody will ask you about it and nobody cares. You file for AOS and you will be approved. Simple as that.

Welcome to America.

[MP0009 4]

Hi everyone,

sorry for my long post. I just need to get it off my chest and put all my concerns and questions somewhere. This forum seems to be the perfect place for all that.

Thank you for taking the time and reading my post.

After graduation from college in Germany, I entered the US in June 2008 on the Visa Waiver program with the intention to travel for a one month or two. I had a return ticket for July 2008. After my visit, I was planning on continuing my travel plans in Europe. I had flight tickets for September 2008. I have friends here in the States whom I visited at least once a year between 2001 and 2008. So, coming to the States wasn't an unusual thing for me. With my own savings and a little bit of support from my parents, traveling was easy.

At the end of summer 2008, I wasn't ready to go back to Germany. I got lost; I wasn't really sure what I wanted to do.

Meanwhile I got very focused on my yoga practice while I was in VA and DE with friends. I couldn't see myself going back to school for my Ph.D. in Germany. Instead of going back, I decided to go to NYC and enroll myself in a Teacher Training program. I found out about the 180 days-rule, so I thought it can't be that bad. I still had enough savings to pay for my teacher training and I thought I will do a little babysitting.

I know that I'm not allowed to work as a tourist; especially when you overstay. I'm aware of that.

Anyhow, I finished my teacher training in December 2008. I maintained my living conditions with a little bit of babysitting and tutoring (until present). I was on my own in NYC - I didn't really have friends back then.

In February 2009, I met someone, that someone is my husband today. I moved in with him in November 2009 and in April 2010 we got married. Our marriage is real; we both are yogis and we are happy together. We even considered going to Germany if it doesn't work out with all those paper work.

Now, I'm about to file for AOS.

I'm not sure what to say when they asked me how I had maintained my living expenses before I met my husband. What addresses should I use for the time when I was living bymyself with a roommate)? If I mention my friends' addresses, would they get in trouble for hosting an illegal alien? Would they ask me to bring an affidavit from my friends, if I told them I wasn't paying any rent from Sept 2008 till Nov 2009.

I had enough money for the fist three months of my stay and my teacher training; after that I had to work. That's the part that concerns me.

Should I leave out that I did my teacher training? If hadn't spent the money for the training, then I would have had enough for an additional 3- 4 months.

I just don't know what to say and what to avoid, before I get further in trouble.

Thank you again for taking the time to read this complicated post.

Thanks,

Sevel

hey i also came here on a tourist visa 5 years ago and i overstayed. I met my husband fell in love and got married and now are filling for adjut of status. this case is pretty commmon and i read that its gets approved most of the time. I did work and i was worried because the forms do ask about work and where did u work etc etc.. i wasent sure what to write I asked around in some agencies and lawyers and they said they get suspicious when u say you didnt work especially if u have been here for a couple of years., You dont want to lie. I had friends who had their status adjusted from an overstay and did state on the form that they worked and they got their GC. I also wrote on the form that i worked, I actually filled taxes becuase I had a temporary tax id.

So i dont think it would be a problem

Good luck with all the forms and everything!!

[trillium13 84]

My husband had a situation very similar to yours. Making a long story short, we were never asked about any of the things that you're concerned about. His overstay was much longer than yours.

Feel free to PM me if you want more details.

[Chocolatelover 0]

Don't lie. Always tell the truth.

From what you posted, you should not have to much difficulty with the AOS - the only thing, since you came in on a VWP, if they deny your AOS, you have no choice but to return to Germany, and would most likely have some sort of ban on you because of the overstay. (looks more than a year - so that would be a 10 year ban) (When did your I-94 expire?) - but if you get the GC, then your in the clear.

Working and overstay is usually "forgiven" because of the marriage to the USC - as long as you don't have more adverse conditions, the AOS should proceed normally, but file for the AOS ASAP.

I'm going to move this to the correct forum (From AOS/Family visa to AOS/visitors

Thank you for your response!

My i-94 expired in Sept 2008.

Should I state in my G-325a that I did babystitting and tutoring?

If yes, do I need to name the family's and student's name address?

Thank you again!

[Chocolatelover 0]

^^ Concur. Also note that while you can apply for Advance Parole and the USCIS grants them, you DO NOT want to leave the US for any reason until you have a green card in your hands. Reason is your overstay - more than 365 days and it's a 10-year ban.

Thank you for making me aware of that!

[Chocolatelover 0]

As stated, working while not being able to is forgiven when you marry a USC and successfully AOS. So write that in too.

NEVER lie, even by omission. It's always best to be 100% honest. Like the PP's said, it looks like you should be fine as long as your relationship is legit and you prove that to them.

Best of luck.

Thank you for your response.

Just to confirm, should I state in g-325a that I did some babysitting and tutoring?

Wouldn't I get in trouble for not paying taxes?

Thank you everyone for your valuable responses!

[Bobby+Umit 161]

Just to confirm, should I state in g-325a that I did some babysitting and tutoring?

Wouldn't I get in trouble for not paying taxes?

Thank you everyone for your valuable responses!

You could just list it as "self-employed". Can you get in trouble for declaring income and filing taxes?, short answer "Yes" - from the IRS, however, USCIS is not concerned about your taxes, only your sponsors, so in this regard, it will not be an issue.

If you made a lot of income, and you would of needed to file a tax return, then you should look into filing a late return. Best to speak to a accountant on the paticulars, if your worried about it.

Like they say, nothing is sure but death and taxes.

[charlienlaura10 0]

Don't lie. Always tell the truth.

From what you posted, you should not have to much difficulty with the AOS - the only thing, since you came in on a VWP, if they deny your AOS, you have no choice but to return to Germany, and would most likely have some sort of ban on you because of the overstay. (looks more than a year - so that would be a 10 year ban) (When did your I-94 expire?) - but if you get the GC, then your in the clear.

Working and overstay is usually "forgiven" because of the marriage to the USC - as long as you don't have more adverse conditions, the AOS should proceed normally, but file for the AOS ASAP.

I'm going to move this to the correct forum (From AOS/Family visa to AOS/visitors

Hi Bobby, You responded to my post about getting married on a vwp and if I could be a sponsor if I applied for medicaid? Anyway, so this is what I don't get. I see many posts like this about people overstaying for long periods of time and many people saying that it will most likely be fine so why is it fine for them but so risky for us if my fiance has yet to complete his 90 days? Please explain?

[Chocolatelover 0]

My husband had a situation very similar to yours. Making a long story short, we were never asked about any of the things that you're concerned about. His overstay was much longer than yours.

Feel free to PM me if you want more details.

Hi, thank you for your response.

Should I include in my application anything that shows that I didn't intent to overstay?

Should I also write a letter explain everything such as why I overstayed, that I used my savings and that I did some tutoring etc. ?

Thank you again!

S

[Brother Hesekiel 2,235]

You are completing a program in higher education. Your English skills are excellent. So what part of "none of this matters, nobody cares, none of this will even come up" don't you understand?

Nobody cares if you did some babysitting, or helped some old Lady get her groceries. Nobody cares that you overstayed, and nobody wants to read about it.

The only thing that matters at AOS is that your marriage is genuine, real, entered not with the intent of gaining immigration benefits.

[trillium13 84]

Hi, thank you for your response.

Should I include in my application anything that shows that I didn't intent to overstay?

Should I also write a letter explain everything such as why I overstayed, that I used my savings and that I did some tutoring etc. ?

Thank you again!

S

We addressed neither of those things with our application and were never asked. I guess you should be prepared with that information should it come up at interview, but I doubt it will.