Overstayed with ESTA

[Lola24 0]

I am 2 years overstayed in USA with ESTA application (Electronic System for Travel Authorization) what is not a visa. More than 1 year ago I

met with my italian-american boyfriend. We want to marry this year and start the family.

But I have to be sure, after marriage if I apply for green card and go for interviews,ect., they will not deport me or send me back to my country to live there.He has a good job here, he can not come with me.

Please tell me what is the process in this situation. What I have to do.Thanks

[Penguin_ie 5,994]

** Moving from K1 fiance visa to AOS from Tourist as OP is already in the country ****

They are unlikely to deport you unless there are serious issues (criminal conviction etc). Get married asap, do not leave the country until you have your greencard. Follow the VJ Guide here: http://www.visajourney.com/content/i130guide2

[jaycali 415]

Yea whatever you do, don't leave the country. You'll be barred for 10 years.

[Brother Hesekiel 2,236]

I am 2 years overstayed in USA with ESTA application (Electronic System for Travel Authorization) what is not a visa. More than 1 year ago I

met with my italian-american boyfriend. We want to marry this year and start the family.

But I have to be sure, after marriage if I apply for green card and go for interviews,ect., they will not deport me or send me back to my country to live there.He has a good job here, he can not come with me.

Please tell me what is the process in this situation. What I have to do.Thanks

The only thing sure is death and taxes.

Since you entered with a VW and overstayed, you are risking a denial of your AoS petition. It's not likely that this will happen, but it's possible, especially if you live in the San Diego area. Here's what you'll need:

I-130, I-485, I-864, 2 x G325a, I-765. You'll also need a medical from an approved civil surgeon, form I-693, and a check for $1,490.

All ot his is being mailed in concurrently.

If you worked here, you should have filed an income tax return. If you haven't, do it now, 'cause tax evasion is a felony. Not good. Otherwise, tell us if you have the I-94W still in your passport and in what area you live.

[Harpa Timsah 13,258]

Bob - an update on San Diego. USCIS issued another statement/memo that all offices are to treat VWP-overstays the same as other overstays and judge the case on its merits, not the overstay. Here is a link http://www.visalawyerblog.com/2012/01/adjustment_of_status_for_alien_1.html Around that time a couple of members here who had been denied in San Diego earlier came back to report approvals.