AOS from overstayed VW

[Vishenka 0]

Hello

I have few questions, hope somebody can answer.

The situation. I came in the USA on VW and had to move out 90 days.

But I got engaged with PR of the country and I decided to stay.

We consulted an immigration lawyer, asking what is the best way to adjust my status. The consultation was at the time when I was still egal.

The lawyer suggested that the easiest option is to overstay, wait for my fiance to get the citizenship (the case is already in the process), marry and file for AOS.

But things has recently changed - in many states AOS is not possible for those who came on VW. In few states its still ok.

I am in NJ and under 3rd court jurisdiction, and the local immigration office happen not to approve these cases.

The lawyer suggestion is to move to NYC, wait 3 months, apply for AOS there.

So the questions are:

1. Do I actually have to move to NYC or it would be enough to transfer my bills to NYC friend, get some utilities bills there, etc. I know that they check if the marriage is real or fake, and we would really move there after we apply for AOS, but what if we so far do it just on paper, to start 3 months residency requirement count?

2. The lawyer fee is really high one. I belive its fair, but we'll need more than 3 month to collect these 6k. So I was wondering if (lets imagine) I do paperwork right, are my chances for success equal with or without the lawyers halp? I mean, when you hire a lawyer, do you pay for the paperwork to be done perfectly, or you pay for lawyers connections in the immigration offices?

[NigeriaorBust 4,087]

In certain regions there have been an increase of denials of adjustments from people that overstay VWP. It seems regional so far but may mean a new trend. At this point you haven't incurred a ban just an overstay that prevents you from using VWP again. It might be best to marry here. Go home start the papers as a spouse of an LPR and then upgrade when she gets her citizenship.

[milimelo 4,498]

How long did you overstay? If less than 180 days, now would be time to return home and get an immigrant visa - AOS doesn't seem to be going well for VWP overstayers - they either deny it or hold on to it indefinitely while you're accruing overstay time.

[Deputy Purple 1,294]

If you try to game the system are you prepared for the consequences if/when it all goes horribly wrong?

[juliava 80]

I can't believe that your lawyer actually advised you to overstay.

I concur with everybody else: leave the country asap and file for an immigrant visa whenever your spouse becomes a USC.

[BlindSide 0]

I really wouldn't listen to a lawyer that recommended you overstay and try to play your chances. Once you overstay you cross a line, and VW doesn't put you in a good position.

Leave the US, and apply from abroad. It'll be longer, most likely, depending on the embassy, but you won't be risking anything that way.

[JimVaPhuong 4,863]

Hello

I have few questions, hope somebody can answer.

The situation. I came in the USA on VW and had to move out 90 days.

But I got engaged with PR of the country and I decided to stay.

We consulted an immigration lawyer, asking what is the best way to adjust my status. The consultation was at the time when I was still egal.

The lawyer suggested that the easiest option is to overstay, wait for my fiance to get the citizenship (the case is already in the process), marry and file for AOS.

But things has recently changed - in many states AOS is not possible for those who came on VW. In few states its still ok.

I am in NJ and under 3rd court jurisdiction, and the local immigration office happen not to approve these cases.

The lawyer suggestion is to move to NYC, wait 3 months, apply for AOS there.

So the questions are:

1. Do I actually have to move to NYC or it would be enough to transfer my bills to NYC friend, get some utilities bills there, etc. I know that they check if the marriage is real or fake, and we would really move there after we apply for AOS, but what if we so far do it just on paper, to start 3 months residency requirement count?

2. The lawyer fee is really high one. I belive its fair, but we'll need more than 3 month to collect these 6k. So I was wondering if (lets imagine) I do paperwork right, are my chances for success equal with or without the lawyers halp? I mean, when you hire a lawyer, do you pay for the paperwork to be done perfectly, or you pay for lawyers connections in the immigration offices?

How long have you overstayed?

[Boiler 45,657]

How do you know NYS will not take the same view by the time you would be going through?

[Vishenka 0]

I overstayed 184 days.

[Boiler 45,657]

So you looking at a waiver for a 3 year bar if you can not adjust.

You chose a risky strategy, your call as to whether you keep on going, bumps up to 10 year bar after a year.

[Deputy Purple 1,294]

If AOS is denied and deportation is ordered isn't the bar 5 years plus an additional waiver needed?

[mikster 0]

sorry what does vw mean?

[Deputy Purple 1,294]

sorry what does vw mean?

Visa Waiver (Program)

[JimVaPhuong 4,863]

I overstayed 184 days.

Ok, if you had overstayed less than 180 days then I would have recommended you leave the country, wait for your fiance to get his citizenship, and then go for a K1 visa. Unfortunately, you've already overstayed long enough to trigger a 3 year bar when you leave. The odds against you successfully adjusting status in the New York federal district are not nearly as bad as the odds of you successfully getting a hardship waiver approved to overcome the ban.

So here is your current situation...

If you leave the country, you face the ban. If you stay and wait for your fiance to become a US citizen, get married, move to New York, and file for adjustment of status, then you will either be approved or denied. If you're approved, then you've won - you get a green card. If you're denied then you still face the three year ban when you leave. If the denial comes with a summary order of removal (pretty good chance) then an additional ban of 5 or 10 years will be added. The bans are concurrent - not consecutive - but you'd need two different waivers to overcome them. The proof of hardship is the same for both. Frankly, the length of the ban is not really important. If your husband can prove the hardship to their satisfaction than the bans will be waived, regardless how long they are. If he can't, then you lose. You won't be getting a visa until you sit out the bans.

So, this is a game of Russian roulette. You need to weigh your chances of being approved. Let's look at that...

You've already overstayed. That's a strike, but not a serious one. You entered on the VWP, which currently looks to be an automatic denial in New Jersey but not so in New York. If you just provide a New York address then you'll probably be caught. When they look at your address history they will almost certainly suspect you gave a New York address because you knew that you'd be denied in New Jersey. I think you'd have to actually move to New York, and live there long enough to become residents under New York law in order to more or less ensure that your case will be sent to a New York field office.

As Boiler stated, the situation for VWP overstays is very fluid. A policy directive from the director of USCIS could literally come any day, and the situation in New York, as well as the rest of the country, could change dramatically.

My guess is that you've got a six shot revolver, and half the chambers are loaded. If you leave and later apply for a visa then I'd think that would fill a couple more chambers. If I were in your shoes I'd wait for my fiance to get his citizenship, move to New York and live there long enough to become residents of the state, get married, and then submit the AOS application.

[Myopia 93]

Hello

I have few questions, hope somebody can answer.

The situation. I came in the USA on VW and had to move out 90 days.

But I got engaged with PR of the country and I decided to stay.

We consulted an immigration lawyer, asking what is the best way to adjust my status. The consultation was at the time when I was still egal.

The lawyer suggested that the easiest option is to overstay, wait for my fiance to get the citizenship (the case is already in the process), marry and file for AOS.

But things has recently changed - in many states AOS is not possible for those who came on VW. In few states its still ok.

I am in NJ and under 3rd court jurisdiction, and the local immigration office happen not to approve these cases.

The lawyer suggestion is to move to NYC, wait 3 months, apply for AOS there.

So the questions are:

1. Do I actually have to move to NYC or it would be enough to transfer my bills to NYC friend, get some utilities bills there, etc. I know that they check if the marriage is real or fake, and we would really move there after we apply for AOS, but what if we so far do it just on paper, to start 3 months residency requirement count?

2. The lawyer fee is really high one. I belive its fair, but we'll need more than 3 month to collect these 6k. So I was wondering if (lets imagine) I do paperwork right, are my chances for success equal with or without the lawyers halp? I mean, when you hire a lawyer, do you pay for the paperwork to be done perfectly, or you pay for lawyers connections in the immigration offices?

Your lawyer gave you terrible advice. There is no telling when your husbands naturalization will be finalized or if he will ever pass the citizenship test but now you are here and overstayed, you will have to do what you have to do. I overstayed on a Visa Waiver program and am about to file in NYC but I would never advise anyone to go my route. Its too stressful.

Your lawyer is right that NJ are denying and NY at this time are not. Jim is right that the situation is so fluid that no one really knows what is going to happen.

I can not emphasize the need to get second opinions when it comes to lawyers.

There is nothing stopping you from moving to NYC and filing from here. There is no residency requirement and if they are going to deny an application, I doubt that they will deny based on an applicant moving from a state where AOS from VWP is denied to one where it isn't but you must not lie and say you are living in a place that you aren't. They could always do a home visit which is happens a lot in NYC (as I have heard)

All the best.

I wish you the best. You have started one of the most stressfilled journeys in your life.