vwp overstay

[jasmin96 0]

Hi everybody!

This is my very first post here. I read and learned a lot in this forum.

I came over here on the vwp.

I overstated my visa for two years now and I have been married for one year.

I did not intent to overstay my visa, I came here plenty of times before and always returned back home.

What so ever I was not as lucky my last trip, so I had to stay.

Me and my now husband have been together for four years now and we have a beautiful son.

Could anybody give me some advise on what to aspect?

Please I need all the help I can get

[cookieandcream 10]

I think you should adjust your status,

Your overstay will be forgiven since you re married you should look at the guide section and download all the forms and order what you need ( birth certificates...)

Good luck to you and welcome!

[Little_My 463]

Where in the US do you live in? Adjusting status from a VWP overstay is a bit more complicated than adjusting status from an overstay of a non-immigrant visa. You should read all the threads here on VJ that specifically deal with VWP overstays, there are plenty.

In any case, from what I know you should submit your AOS application as soon as possible, meaning concurrent filing of I-130 and I-485 forms and all the supportive documentation. There are plenty of VWP overstays here on VJ who are in the process of adjusting status, so I am sure you will get plenty of feed back and fist hand experience based information soon enough. Start by reading the guide here on VJ on adjusting status with both spouses in the US and download the forms I-130 and I-485 and the instructions for those forms from the USCIS website and read them word to word.

The one thing you should NOT do in any situation is leave the US. You will occur a 10 year ban due to your overstay if you leave before having a green card in your hand.

[jasmin96 0]

Thanks for your help!

I'm not planning on leaving the country!

Even though my husband is older than me we have lots of proof of a bona fide marriage.

Like I said we've been together for four years we lived with his parents for a year, we have many friends and we do everything together.

I'm just scared about the controversy of vwp.

And I live in los Angeles California

Thanks for your help!

I'm not planning on leaving the country!

Even though my husband is older than me we have lots of proof of a bona fide marriage.

Like I said we've been together for four years we lived with his parents for a year, we have many friends and we do everything together.

I'm just scared about the controversy of vwp.

[Myopia 93]

Thanks for your help!

I'm not planning on leaving the country!

Even though my husband is older than me we have lots of proof of a bona fide marriage.

Like I said we've been together for four years we lived with his parents for a year, we have many friends and we do everything together.

I'm just scared about the controversy of vwp.

And I live in los Angeles California

There was recently some clear guidance about Visa Waiver Program Overstay adjustments. I'm not going to bore you with the complicated details other than to say you are able to adjust your status in the US. There are no complications to this other than if you are denied, you will not be able to appeal your case like other visa overstays. That being the case, you need to make sure you send an application that is beautifully put together and iron clad when it comes to evidence.

You do not want to be denied because of stupid mistakes.

The first thing you need to do is get the forms that you will need for this process which are the I-130, I-485, I-765,I-693 and the I-864. These are the most important pieces of paper in your life right now. Download these forms and instructions. Read them carefully so you get an idea of what you have to do, then use Visa Journey as your reference point.

There are many very experienced members on this site who will give you great answers to any questions you may have and help you get the packet right.

The next thing you need to do it make sure that your husband makes enough money to sponsor you. For a three people household he needs to make at least over 125% over the federal poverty guidelines, which for 2011 is 23,162 per year. If he does not make this amount then you will have to find a co sponsor in order to ensure you do not become a public charge.

If you have been able to file taxes with an ITIN then you are good. However if your husband has not filed taxes for some reason, he will need to make sure that he has filed taxes for the last three years correctly. That will be 2010(now), 2009 and 2008.

You will have to pay for a medical (I-693) and make sure you have the correct fees.

Welcome to this journey!

[jasmin96 0]

Thanks for the fast reply.

My husband meets the requirements to sponsor me.

How ever he did not work in 2008 but he did not receive unemployment.

Can I go to any doctor to get a medical done?

[Little_My 463]

You need to see a USCIS certified civil surgeon for the medical. You can find the list of USCIS designated civil surgeons in you area here:

USCIS list of civil surgeons

[Myopia 93]

If you do a search of civil surgeons here on Visajourney, you will find threads that give you further information about costs. The USCIS is the best list of course but depending on where you live the cost of the medical can be as little as $150 for everything to $750!

You only need to send proof of the latest tax year filing.(2010) but he will have to have filed taxes in 2009 and 2008 or have a good reason why he didnt. When you get to the I-864 form you will see the section where it asks you about the past 3 years tax fiings.

Personally I sent the tax account transcript and W2 for 2009. I did not send the 2008 and 2007. My husband was a full time student in 2008 and did not file taxes.

I did not get any RFE's (Requests for Further Evidence) to this date for 2008 even though I wrote "$0 (student)" in that section. That may be because it wasnt needed and/or I had pay slips/Employment letter as well.