AOS from VWP - hoping for kind assistance

[getlucky 0]

Hi guys

This is my first time to post here. I cannot say how thankful I am to have been lurking around these sties and to have finally mustered the courage to post about my situation. First off I am very happy for the information given here (factual or not), it gives me a better idea about the whole stance on immigration laws. I love how such information can be obtained with thorough research and simply not losing hope. I've done both rigorously. But it comes to a point where I want to ask the people here about my situation. I will hire a lawyer for sure but any addition input can never hurt especially from a forum with experienced members.

OK so I came here on the VWP. I had absolutely no intention of marrying or staying. I simply wanted to come to the States and see more attractions and spend time with family (notably Christmas). Well things changed and I married my girlfriend. We have now been happily married for 6 months. I've known her for about 10 years so the idea was there but to get married on this trip, certainly wasn't. I'm quite young and have two years left for University abroad. I definitely wanted to finish that but I put that on hold because of the whole situation now. Now I have overstayed for about 14 months. I know I have abused my privilege and it wasn't right. I know this. But it's done and I'm here. I of course want to stay with my wife and get this process done together, good or bad, whatever happens. I know leaving now wouldn't be ideal because I would incur a certain ban and that's not the best option for me or my wife. Taking the risk adjusting my status now seems to be the most 'ideal' since I am here already and have overstayed. Again I know it's my fault but we do our best to deal with the current circumstances. If it means anything I have paid my taxes, never got into any problems with the law (here or my country abroad), and I have no problem whatsoever to prove to the IO that our marriage is indeed legit and in good faith. That's not what I'm worried about.

What I am curious about is... will they even give a look at my case since I overstayed? From what I read so far.. As long as I can give a good reason as to why I overstayed and to prove the marriage is real, then I should be fine. If that's the case me and my wife know it. But if we get denied we also know the risks (deportation, ban and possibly the hardest period to go through in our lives). Again, we know the risks of acceptance and denial. Ideally we would love if I can get accepted but that's not always the case. Anyone can help us?

I am 27, we live in LA, no kids yet (but getting there soon!), we have the same religion, culture and our families love each other. I have been to the States 3 times in my life, I have never overstayed and I have never been questioned at any POE other than the usual "what's your purpose".

For any other info, I can gladly add that might help. I know I am not going to have to take your words as legal advise, but trust me any advise at this point (since me and her are worried) will always be helpful. We always try to maintain a positive attitude about it. Thank you so much in advance guys.

Edited October 2, 2013 by getlucky

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Overstay is not penalised for an immediate relative of a US citizen (such as a spouse); it probably won't even come up at the interview.

Do not depart the US until the green card is in your hands.

Edited October 3, 2013 by Hypnos

[ValerieA 350]

What Hypnos said. Adjust status and enjoy life in the US! You shouldn't have any issues.

[getlucky 0]

Thank you guys for the swift response!

Having those answers in mind. Any idea how is it that others who've applied for AoS under VWP have been rejected? I know of one case because it was in San Diego and back then they were outright denying overstayers. (Don't know the situation there NOW though). In fact I'm not sure what the say is on VWP overstayers as this very moment and I'm sure it's different across the other states which makes the applicant, like me, confused.

I know the final decision is in discretion to the IO/USCIS but generally if it's mainly about proving that the marriage was in good faith then I think I can share similar optimism with you guys. (It's all a case to case basis) but from what I've gathered, this is the usual scenario for situations such as mine.

Again, since I've overstayed and that may be 'forgiven' since I'm married to a USC, it seems logical that AoS is my best bet then. I hope you can understand why we stress about this, it is after all our first time to engage in a serious immigration matter. Risks are risks but what we are after is the best calculated risk possible.

I really appreciate the answers guys. Any more would be just as welcome!

Edited October 3, 2013 by getlucky

[ValerieA 350]

Everyone stresses over it. A few years ago SD office was denying, but a ruling went out that clarified that allowing VWP overstayers to AOS was fine. They don't deny for it anymore. Check out the stories on this forum about all the successful VWP overstayers. All they care about is that you have a bonafide marriage.

[Xanax 349]

Stop freaking out. Apply for AOS and wait. No one can tell you for sure if you will be approved or not but they are no longer doing those automatic denials as Valerie said.