Will my AOS be denied?

[FrenchPope 0]

Hi,

I am really worried about some information I have read.

Long story short, I arrived in the US with a waiver in 2011 and was supposed to stay 90 days. I met the wrong guy, who left me without money and means to go back on time. I'm from France. Anyway, I tried to leave the US but nobody could help me (not even the French Embassy) and then my passport got stolen...

Yeah, my adventurous trip to the US turned pretty quick into a nightmare. I then met my now husband, and finally got my new passport after years of struggle.

We are about to file for the I-130 (it took us forever because of finances) and also the I-485 but I keep reading that because I'm way overstayed (5 years), I am not eligible...

Does anyone have any input or help to give me or am I just doomed and will be deported, never to see my husband again?

Edited June 15, 2016 by FrenchPope

[p-ana 933]

Since you entered legally, married to a us citizen, your overstay will be forgiven.

Follow this guide http://www.visajourney.com/content/i130guide2

Good luck

[aleful 1,905]

hi

overstay is forgiven, but you will need to prove that you entered legally to the country, do you have proof of having entered the country with a visa waiver?

[FrenchPope 0]

Thanks!

Yes, I have my I-94 number. I lost the original when my papers got stolen but I made a copy from the electronic page, which gave me my number.

[caliliving 606]

Thanks!

Yes, I have my I-94 number. I lost the original when my papers got stolen but I made a copy from the electronic page, which gave me my number.

You are good to go then:) Overstays ARE forgiven when married to a USC no longer how long ago you entered, as long as you entered LEGALLY! i doubt it would even come up at the interfview so no need to go in detail about it. The good thing is, once you file you will get a EAD work card in about 3 months.. i know people that were here 10yrs as an overstay and found love and married.

if you are married more then 2yrs you will get the 10yr greencard instead of the 2 year conditional so you wont have to do Removal of Conditions:) so that is a bit of paperwork and $500 you save!

[FrenchPope 0]

What a relief! Thank you caliliving!

It'll be two years in December so I guess I won't save those $500

So I can file for the I-485 with I-130 or need to wait for a visa number? Because I can't check none of the boxes for the eligibility...

I don't want to risk anything because I can't live without my man!

[Hypnos 6,576]

http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[N-o-l-a 7,168]

What a relief! Thank you caliliving!

It'll be two years in December so I guess I won't save those $500

It is based on when you get the greencard, so if the approval date is on or after your two year anniversary it will be a 10 year card.

Edited June 15, 2016 by N-o-l-a

[Beth & Achraf 328]

Hi,

I am really worried about some information I have read.

Long story short, I arrived in the US with a waiver in 2011 and was supposed to stay 90 days. I met the wrong guy, who left me without money and means to go back on time. I'm from France. Anyway, I tried to leave the US but nobody could help me (not even the French Embassy) and then my passport got stolen...

Yeah, my adventurous trip to the US turned pretty quick into a nightmare. I then met my now husband, and finally got my new passport after years of struggle.

We are about to file for the I-130 (it took us forever because of finances) and also the I-485 but I keep reading that because I'm way overstayed (5 years), I am not eligible...

Does anyone have any input or help to give me or am I just doomed and will be deported, never to see my husband again?

Your going to be fine, don't worry, You mentioned you have copy of your I94, that proves you entered legally.

Now since your married to a US citizen, your overstay will be forgiven, one less thing to worry over.

Just have your evidence for a true marriage to send with your documents, Joint check-savings, joint credit cards, on his health insurance, joint utility bills, on mortgage or lease , Will and life insurance showing the other as beneficiary, mail address to both of you, such as Christmas cards and or New Year cards. Birth certificates of any children born of your marriage.

Stop fretting and get busy with evidence and paperwork....... Best wishes on your new journey

[juand25 2]

Hi,

I am really worried about some information I have read.

Long story short, I arrived in the US with a waiver in 2011 and was supposed to stay 90 days. I met the wrong guy, who left me without money and means to go back on time. I'm from France. Anyway, I tried to leave the US but nobody could help me (not even the French Embassy) and then my passport got stolen...

Yeah, my adventurous trip to the US turned pretty quick into a nightmare. I then met my now husband, and finally got my new passport after years of struggle.

We are about to file for the I-130 (it took us forever because of finances) and also the I-485 but I keep reading that because I'm way overstayed (5 years), I am not eligible...

Does anyone have any input or help to give me or am I just doomed and will be deported, never to see my husband again?

You are good. I have been here 20 years on overstay, lived with my boyf for 18 years and now that same sex marriage is legal we applied and we are schedule for our interview next month.