Bad Predicament - VWP Overstay

[SamB0987 0]

Hello all,

I came across this site recently and it has been extremely helpful. That said, I find myself in a terrible predicament and fear separation from my family. I'll start off by explaining my situation.

Me and my now wife met in Summer of 2004 online, we were both big nerds and frequented RPG gaming forums and that's where we first interacted with each other. The long distance relationship progressed from instant messages to phone calls, then in Winter 2004 she moved to Puerto Rico to live with her father. I flew out to visit her there in Feb 2005 and stayed with her and her father for 2 weeks, we were both 17 (she turned 18 while I was visiting her there), this was both our first serious relationship. When I returned back to England she was devastated and started suffering from depression. She eventually moved back to Florida in Spring of 2005 and kept begging me to come visit her again. I obliged and made plans for a 3 month visit (the max amount of time allowed on the Visa Waiver Program) and told myself I could use the time to look at some schools whilst there in the hope of becoming an international student. I arrived August 28th 2005, turned 18 in September and ended up overstaying, she didn't want me to leave, I didn't want to leave, so we decided to get married. The marriage took place December 16th (about 2 weeks after my I-94 VWP expired) and we've been together ever since.

We couldn't stay in Florida, it was just too expensive for us so we moved up to MA early 2006 to live my wife's sister while we got on our feet. We finally start renting our own place and after a few months or so my wife fell pregnant. My son was born in Feb 2007 and life just got tougher, we spent years trying to save up for adjustment of status but other things just kept getting in the way, I was pretty much taking care of my son full time while my wife worked to pay the $500 rent for our studio apartment (ridiculous prices, I know) and food. A year or so goes by and my wife managed to find an apartment for low income families that adjusts rent based on work wages and we've finally been able to manage to save some money.

Well, we've been married for 5 years now, our son is turning 4 soon and with the help of the guides on this site I now finally have an idea of what to do. We've amassed about $4000-$5000 in savings in preparation for this and I finally want to be able to work to support my family.

From browsing the guides I'm pretty sure this is what I'm supposed to do to get started:

- I-130 Not really sure what this is for but I know I need it.

- G-325a Biographical Info

- I-485 Request for Adjust of Status. & I-765 (I-765 cost is covered in this from what I understand.)

- I-693 Report of Medical Examination and Vacc. Report (Is this required?)

- I-864 Affidavit of Support (...Yeah.)

So... sorry for the life story but I thought it best for people to know what I'm dealing with.

The biggest questions on my mind right now:

1. What's the likelihood of my application getting denied? (I know there are no refunds, so I don't want to apply if I know I'm going to get flat out denied.)

1a. If denied, will I face immediate deportation?

2. Do I need to file I-601 Waiver of Inadmissibility due to my situation?

3. Affidavit of Support... As you can see from the above story, we're not doing so well. We are below poverty level despite my wife having a full time job (she is also doing evening classes for a degree) will they completely deny us because of our financial situation? We have about $5000 saved up right now and I'm guessing the filing fees will be costing us around $2000-$3000.

4. Bona-fide marriage. Now obviously I know that my marriage is for real, and we have a son together, but in my fear of deportation and separation from my family I'm not listed on anything. I'm not on the rental lease for this apartment, I'm not on any insurance and I don't have any assets or a checking account. Can I even get on anything with no SS# or Visa number? Will my son be enough proof?

5. Is there anything else I should do in preparation before I start the application process?

I think that is all for now. I'm pretty terrified about my current situation to be completely honest and I often feel completely overwhelmed. So this is my story, and I feel utterly vulnerable telling everyone about it on a public forum. We we're young and stupid, and I had no idea what I was getting myself in to with all this, I have to say I do regret not going the official route but at this point, but thinking about that just bums me out, so I try not to.

Any help would be greatly appreciated and I'll try to answer and more questions should they need be answered. Thank you all, and I apologize for the long read.

[SamB0987 0]

Sorry for the double post, but I can't seem to find the edit button and I forgot one other question.

6. Do I need to file the I-485 supplement form? I only ask because it has a huge $1000 filing fee...

Thanks.

[Penguin_ie 5,984]

I'll answer a few of your questions, but have one of my own- are you still based in MA? I ask because the likelyhood of getting approved depends on where you live; some courts are now routinely denying AOS to VWP overstays, but not all.

1a- you are usually given 30 days to leave.

2- no, because you were already admitted.

3. You need a co-sponsor (ie a friend or family member to stand guarantoor for you) if your wife doesn't make 125% of the poverty level for 3 people.

4. Son alone is not enough proof, but you can gather other stuff- photos from through the years, cars and letters addressed to both of you, maybe you are an authorised signature on your wife's bank account?, affidavits from friends and neighbours who know you both etc.

[SamB0987 0]

Thank you for your reply.

Yes I am still in MA right now. From a quick wikipedia search it appears MA falls under the US Court of Appeals 1st Circuit. I'm not sure if that's a good thing or a bad thing.

[Myopia 93]

1. What's the likelihood of my application getting denied? (I know there are no refunds, so I don't want to apply if I know I'm going to get flat out denied.)

There is always a likelihood of being denied. When it comes to adjustment of statuses from Visa Waiver Applicants the Immigration Officer(IO) has the ability to either deny or approve based on the application. At this time there are several districts that are either denying or approving AOS applications. At this time the Boston office isnt one of those that are flat out denying and/or placing aplications on hold.

This thread may be helpful to you USCIS Districts and Denials

1a. If denied, will I face immediate deportation?

If you are denied then you will face removal with no appeal. Yes.

2. Do I need to file I-601 Waiver of Inadmissibility due to my situation?

No. This is filed when you are outside of the US. If you were denied and had to leave, you would use this to overcome your denial that would invariably come once you filed in the UK.

3. Affidavit of Support... As you can see from the above story, we're not doing so well. We are below poverty level despite my wife having a full time job (she is also doing evening classes for a degree) will they completely deny us because of our financial situation? We have about $5000 saved up right now and I'm guessing the filing fees will be costing us around $2000-$3000.

Expect the fees to cost you around $2000. This includes the USCIS filing fees and the fees for the USCIS approved civil Surgeon. You will have to get immunized if you do not have up to date records of immunization but you can get a civil surgeoin to do the whole thing or go to a public health center and get immunizations done for free.

4. Bona-fide marriage. Now obviously I know that my marriage is for real, and we have a son together, but in my fear of deportation and separation from my family I'm not listed on anything. I'm not on the rental lease for this apartment, I'm not on any insurance and I don't have any assets or a checking account. Can I even get on anything with no SS# or Visa number? Will my son be enough proof?

Your son is one of the best proofs of bonifide marriage but you can get avidavits from friends and family. A history of being together is proof of a genuine relationship but obviously being out of status you wont have that stuff yet. Once you file and get your Employment Authorization Document (EAD) you will be able to get a social security number (SSN) and merge your finances.

5. Is there anything else I should do in preparation before I start the application process?

Research and make sure that your package is done correctly. Make sure every T is crossed and every i dotted. Make sure you go over every document to make sure you have everything checked and signed. You need your UK birth certificate also.

I think that is all for now. I'm pretty terrified about my current situation to be completely honest and I often feel completely overwhelmed. So this is my story, and I feel utterly vulnerable telling everyone about it on a public forum. We we're young and stupid, and I had no idea what I was getting myself in to with all this, I have to say I do regret not going the official route but at this point, but thinking about that just bums me out, so I try not to.

Its ok. We all have an element of fear when we are coming "out of the shadows". There are many who were approved recently. Read their threads for some comfort. Its a stressful process but it will be worth it either way.

You have that little boy to care for so thats your motivation. Bendito!

[Myopia 93]

I wanted to edit but I couldnt. You will probably need a co sponsor for yourself. Your finances will be depleted after the various fees. Maybe someone in PR?

[SamB0987 0]

Thank you very much for your response.

We may be able to ask her sister about the co-sponsor thing as I doubt my parents qualify, with them being in England. And yes, I was worried from reading the other VWP overstays on this forum recently getting denials but I can't give up hope. If I do have to return to the UK then the I-601 can be filed to try and appeal the 10 year ban even for VWP overstays? Also, I remember reading an I-212 would possibly be needed too if I get a deportation order. Any idea, if this were to happen, how long I would we would be separated for? I honestly think I could handle a year or so especially if I can work to pay for her to visit during that year.

[Myopia 93]

Thank you very much for your response.

We may be able to ask her sister about the co-sponsor thing as I doubt my parents qualify, with them being in England. And yes, I was worried from reading the other VWP overstays on this forum recently getting denials but I can't give up hope. If I do have to return to the UK then the I-601 can be filed to try and appeal the 10 year ban even for VWP overstays? Also, I remember reading an I-212 would possibly be needed too if I get a deportation order. Any idea, if this were to happen, how long I would we would be separated for? I honestly think I could handle a year or so especially if I can work to pay for her to visit during that year.

My advice is to focus on what is in front of you. There is no benefit in worrying about what comes after the decision until the decision is made. You understand? I would get a co sponsor. The denials that you are reading are from USCIS districts that are denying Visa Waiver Adjustments. If you search on this forum you will find many threads that explain why this is happening.

You are in Boston and in that district at this time...they are allowing applicants who entered the US on the Visa Waiver Program to adjust so focus on that.

VWP Adjustments

[JimVaPhuong 4,863]

Thank you very much for your response.

We may be able to ask her sister about the co-sponsor thing as I doubt my parents qualify, with them being in England. And yes, I was worried from reading the other VWP overstays on this forum recently getting denials but I can't give up hope. If I do have to return to the UK then the I-601 can be filed to try and appeal the 10 year ban even for VWP overstays? Also, I remember reading an I-212 would possibly be needed too if I get a deportation order. Any idea, if this were to happen, how long I would we would be separated for? I honestly think I could handle a year or so especially if I can work to pay for her to visit during that year.

Your class of admission is only relevant while you're in the US. Once you leave the US then the ban you incur is based on the same section of immigration law, regardless of what sort of admission class you originally entered with. So, yes - an I-601 waiver would be needed.

An I-212 would be required if you are deported. The requirements for both an I-601 and I-212 are the same - hardship to the US citizen petitioner. Since the level of proof required for both waivers is the same, once you've proven the hardship for one then you've automatically proven it for the other. In other words, they'll both be approved or both denied, based on the evidence.

Waivers can take many months to be approved. The decision can't be appealed. If you end up being denied AOS then you'd be wise to hire an attorney with extensive experience with I-601 and I-212 waivers. You'll only get one shot at the waiver.

[Daniel&Theary 30]

The only things I can really give advise on is if you have a Bank of America they do not require social security number to be on a joint account. Why I do not know it could be they want the business of the non legals. Being in California and having a Bank of America account it came up in conversation with on of the girls at the bank and she informed me of the policy. The rest of it good luck with it hope it works out for you.