Overstay as minor, able to file k-1?

[inukim09 0]

Yes, the OP got lucky in that they were not eligible for the VWP but because no specific question was asked about previous overstay, they got lucky. The best bet now is to stay and adjust status, as leaving again followed by a K1 or CR1 visa process WILL result in triggering a ban.

The DS230 is obviously not used in the AOS process and the I-485 does not ask the applicant about previous overstays or to list their previous visits.

The problem with my own recommendation is that the couple may not be ready to make the marriage decision before the current VWP visit expires. I'm just saying there is currently an open door.

Can i AOS on a VWP? i mean i only do have a month left so the chances are slim but if i could miraculously arrange everything within a month, is it a possibility?

[pushbrk 14,194]

Can i AOS on a VWP? i mean i only do have a month left so the chances are slim but if i could miraculously arrange everything within a month, is it a possibility?

Yes, you can. You do not need to file before your time is up. You just need to make your decision before then and stick with it or you'll have a new overstay to deal with. Overstays are forgiven when adjusting status based on marriage to a US Citizen.

Edited August 25, 2012 by pushbrk

[inukim09 0]

Yes, you can. You do not need to file before your time is up. You just need to make your decision before then and stick with it or you'll have a new overstay to deal with. Overstays are forgiven when adjusting status based on marriage to a US Citizen.

If the AOS takes some time while im on a VWP, and the VWP expires, am i pardoned since the petition is pending?

[Boiler 48,385]

Bans are not, hence the waiver.

[inukim09 0]

Bans are not, hence the waiver.

thanks for your input. could elaborate on what you mean?

[Sandra G. 5,116]

You need to file the I-601 waiver to overcome the 10 years ban.You entered in the USA without any problem because in the ESTA form they don't ask if you overstayed or not, but you must disclose your unlawful presence in the USA when you decide to apply for K1 or CR1 visa.

[LIFE'SJOURNEY 970]

here is your reading material on that

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=aa3780a4b67e8310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

This is the wavier appliccation

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited August 25, 2012 by LIFE'SJOURNEY

[pushbrk 14,194]

If the AOS takes some time while im on a VWP, and the VWP expires, am i pardoned since the petition is pending?

Yes. That's what I said. You must stay to complete the AOS though. Don't leave, even with advance parole.

Bans are not, hence the waiver.

Some context would help. If he/she stays to adjust status there is no ban. Bans are for people who are outside the USA. Waiver apply only after a ban is determined. You can't ban somebody from entering, when they are already here.

[inukim09 0]

WELLL i just found out im eligible for deferred action.......SO i think i'll apply for that and marry my boyfriend when im not in such a hurry!

[pieroot 43]

I think that you should try to adjust status through marriage and not leave the country. Consult a different attorney if the one you spoke with wasn't so great.

WELLL i just found out im eligible for deferred action.......SO i think i'll apply for that and marry my boyfriend when im not in such a hurry!

what is deferred action?

[pushbrk 14,194]

I think that you should try to adjust status through marriage and not leave the country. Consult a different attorney if the one you spoke with wasn't so great.

what is deferred action?

It's President Obama's executive order effectively implementing The Dream Act Congress would not pass.

[aleful 1,905]

WELLL i just found out im eligible for deferred action.......SO i think i'll apply for that and marry my boyfriend when im not in such a hurry!

no, you do not, you are here on a VWP as a tourist, anyone who is legal in the ocuntry with some type of visa does not qualify.

you must show proof of unlawful presence, during the the last 5 years in the country by June 15th. you must show proof that you have been living in the country at least the last 5 years.

please read the quailifications, you do not meet all of them.

[Que Saudade 284]

no, you do not, you are here on a VWP as a tourist, anyone who is legal in the ocuntry with some type of visa does not qualify.

I concur. He is here legally and I had to re-read the action based on he just "found out" as if someone told him. Therefore, not eligible.

Edit: Legally meaning he entered through VWP and was inspected at POE

Edited August 25, 2012 by Que Saudade

[amberlynnloves 125]

Your best bet would be to get married and file AOS. You can stay in the US at that point. The only issue you might have, is if you are required to get police certificates from every country you've live in since you were 16. But I am not sure if that is required for AOS since I am going the K1 route. But if you are going to do it, you should do it before you leave on VWP.

[pieroot 43]

no, you do not, you are here on a VWP as a tourist, anyone who is legal in the ocuntry with some type of visa does not qualify.

you must show proof of unlawful presence, during the the last 5 years in the country by June 15th. you must show proof that you have been living in the country at least the last 5 years.

please read the quailifications, you do not meet all of them.

From the OP's story, don't think she qualifies for that either.

Your best bet would be to get married and file AOS. You can stay in the US at that point. The only issue you might have, is if you are required to get police certificates from every country you've live in since you were 16. But I am not sure if that is required for AOS since I am going the K1 route. But if you are going to do it, you should do it before you leave on VWP.

The police certificates shouldn't be a problem, since the OP says that she lived in the U.S. since age 7 and returned to S. Korea in her twenties...she could possibly ask relatives in S. Korea to assist with that process.