VWP Overstay! Starting to Panic!

[nigel 7]

Hi guys, a member from another forum suggested that I join this one, as it's more relevant to our situation, so hi

I came to the States from the UK on the VWP.

My (now) wife and I really hit it off, and we decided we wanted to get married. We couldn't bear to be apart, so I didn't fly back and we got married two months after I arrived.

We were all set to start the AOS process (we even had most of the paperwork filled out) when we hit some problems.

First, my wife's hours at her job got cut. They were only cut slightly, but that took her earnings just below the threshold required for the affidavit of support.

Then she got pregnant, and then had a miscarriage. Then she got pregnant again!

This time, there was no miscarriage, but there were complications with the pregnancy which involved a lot of worry, and weekly visits to the hospital, and sometimes the ER.

As you can imagine, all of this meant that we had to put the AOS on a backburner for a while, but we thought this was no problem, because overstays are automatically forgiven right?

We actually thought it would be a good thing, because the longer we were married, the easier it would be for us to prove our marriage is bona fide.

Well, our situation has changed again:

Despite the complications, we now have a beautiful healthy daughter

My wife's hours at work have been reinstated, but now we have an additional family member, she still doesn't earn enough for the affidavit.

We don't know anyone who earns enough to be able to be a co sponsor. My wife has plenty of family, but none of them earn enough for their household to act as a co sponsor.

There have recently been changes to the laws regarding VWP overstays.

We have talked to my wife's boss about this.

We get along great with him, and he's given me an open ended job offer. I can start as soon as I have a work permit.

He also has a friend who's an immigration lawyer. He's given us his number and told us that he'll talk to him about a payment plan (we're pretty broke)

He has also said that he'd give my wife a pay raise so that she earns enough to sponsor me, but that depends on what his dad (co owner of the business) says.

Our biggest concern now is the changes to the laws. I have overstayed over a year now, and we've read the horror stories.

Our one ray of hope is that we live in NY, which (from what we gather) hasn't started deporting VWP overstayers who apply for AOS... Yet...

We'd love to hear people's opinions on this.

Are we 'safe' in NY for the moment?

Is the law likely to change while we are in the process of filing our papers?

Have there been any recent success/horror stories from applicants in the 2nd Circuit?

If the law changes, is it likely to do so soon? Timeframe?

We're really panicking right now, we only found out about the changes yesterday, and all of a sudden, our future is starting to look bleak...

This story is like a mirror image of my situation 9/10 yrs ago..but in a different state..and having a baby boy..

I also overstayed back then for the same, but was advised wrong by ins now (uscis) saying i could not AOS on a overstay VWP, then took it to a lawyer who said he will take my case for a mere 5k i told him thats a lot more than i thought it would be...his reply was well its a lot of hrs of paperwork ect....i said let me think about it..

you know what that day? the same Lawyer called me up 4 times and he chipped $$$$ of everytime he called and everytime my reply was arrrr let me think about it...

well anyways i think the last convo i had with him the price was around $1500 bargain....i still never bite...my trust and respect went in that lawyer..

we filed the AOS and the 130 while i was in the us....after 80 plus days we got approved...thought yippi great....all down hill now....Nope..my dad in the uk had a heart attack and i rushed home stayed for a month or so until he was back on his feet...came back to the us, then got pulled at P.O.E Detriot, held me there for 7 hrs then refused me entry cas i overstayed and the AOS and the Approved 130 meant Jack ####### to anybody...I was sent bk to the uk to file all over again....while my usc wife and 2 yr old boy was waiting in the us for me....not a good time i can tell ya...

we filed yet again 130 and 129 as it was at the time a race of which petion would get processed faster...well it was the 130 which was approved again ..time was going by witout a sniff from the uscis on when my interveiw would be after 10 mths....finally i had a letter saying that we would have to file a i824 because the wife put down on the 130 application London Engalnd insted of Florida usa....Nightmare and more money $295 to file this poxy form to adjust a typo....nightmare...

Finally got my 130 interveiw at London....then as you all know and so did myself i got denied my 130 petion unless we file the you got it.the good old I600 waiver petion to ask for forgivness on my overstay some 30 mths prior......again more Money more forms more begging and pleading from me and the wife (hardship letters from both about 2ft thick i must add....anyway some 10 wks after we filed the i 600 i had a call saying i was approved my 130 (3rd time) and also my i 600 was approved....all this was some 10 yrs ago, but i must say ive learned a hell of a lot with immigration..not perfect like some but not bad now as ive like you read and read and read and held on to every word....and today it still dont make much sense neither most of the time...

What im trying to tell you dude....If you can avoid of what me and my family went through years ago.......and you can AOS in N.Y....do it son and don't trust lawyers...when you can do this yourself and save your cash..

I wish you well..

[doctorbeat 6]

Wow, sounds like you had a rough time!

I'm glad it worked out for you in the end.

If NY carries on the way it always did, then hopefully I can avoid the nightmare you suffered.

I can understand them wanting to have an easy way to deport undesirables, but I bet 99.9% of wvp overstayers wanting to adjust their status are normal folk like you and me who just want to be with their families.

I know there's a lot of sour grapes from people who did it the 'right way', but that's exactly what we were going to do until my wife got pregnant.

Maybe they would be hard-hearted enough to leave their pregnant wife bleeding and doubled up in pain, but I guess I must be weak.

When I signed the visa waiver, my wife wasn't even my girlfriend. Sometimes things happen fast.

I hope the powers that be have the decency to grandfather current applicants in if they make a ruling about this, or at least let current overstayers apply for a waiver in-country.

Not everybody overstays because of contempt for the law.

[nigel 7]

oh yep ..i went through the mill once or twice....