Overstay. AOS. Return home...

[Megmar0616 11]

Hi, I am wondering if Anyone can share their stories on overstaying and applying for aos?. I arrived on the esta and should have left 11th august. My husband and I got married in July and plan to adjust my status. I haven't yet applied. I am still panicking about overstaying. Plus I am still in the process of getting my fees together.  Can any one share any stories of them overstaying and having no problems with their adjustment of status application? There have been some helpful people on here telling me about overstaying. I just want some peace of mind.. again. 

 

also, out of curiosity. Has anyone overstayed and then changed their mind and returned to their home country? What happens if you overstay and return home and then try to come back to USA? 

 

Thanks.... from a very anxious Scottish girl. Lol

[Going through 5,668]

12 minutes ago, Megmarcus said:

Has anyone overstayed and then changed their mind and returned to their home country? What happens if you overstay and return home and then try to come back to USA? 

Depends on how long the overstay is.  If the overstay is more than 180 days, or more than 365 days, it can result in a 3 or 10 year ban respectively from ever entering the US again under any circumstance.

 

When are you planning on applying for the AOS?  If you apply for the AOS soon, your overstay is forgiven and you can remain in the US while the application is pending.

Edited September 13, 2017 by Going through

[Cyberfx1024 7,978]

30 minutes ago, Megmarcus said:

Hi, I am wondering if Anyone can share their stories on overstaying and applying for aos?. I arrived on the esta and should have left 11th august. My husband and I got married in July and plan to adjust my status. I haven't yet applied. I am still panicking about overstaying. Plus I am still in the process of getting my fees together.  Can any one share any stories of them overstaying and having no problems with their adjustment of status application? There have been some helpful people on here telling me about overstaying. I just want some peace of mind.. again. 

 

also, out of curiosity. Has anyone overstayed and then changed their mind and returned to their home country? What happens if you overstay and return home and then try to come back to USA? 

 

Thanks.... from a very anxious Scottish girl. Lol

As stated previously if you AOS now your overstay is forgiven. If you don't overstay and just leave you could get a ban depending on how long you overstayed. So the best bet is to just AOS now. 

[Megmar0616 11]

19 minutes ago, Going through said:

Depends on how long the overstay is.  If the overstay is more than 180 days, or more than 365 days, it can result in a 3 or 10 year ban respectively from ever entering the US again under any circumstance.

 

When are you planning on applying for the AOS?  If you apply for the AOS soon, your overstay is forgiven and you can remain in the US while the application is pending.

As soon as possible. How long before they overstay isn't forgiven? I have been doing a lot of research on this website and a lot of people have been telling their stories of overstaying etc. 

[Megmar0616 11]

1 minute ago, cyberfx1024 said:

As stated previously if you AOS now your overstay is forgiven. If you don't overstay and just leave you could get a ban depending on how long you overstayed. So the best bet is to just AOS now. 

I am planning on adjusting status while here but was just curious as to what would happen if I left. And now wondering if they could refuse the application because you have overstayed 

[Cyberfx1024 7,978]

Just now, Megmarcus said:

As soon as possible. How long before they overstay isn't forgiven? I have been doing a lot of research on this website and a lot of people have been telling their stories of overstaying etc. 

If you are married now and overstay then file for AOS no matter how long the overstay is it will be forgiven. But if you are here overstaying and thus Illegal then you can get in trouble and deported. I have seen a case on here where a couple got in trouble for something and he was overstaying a visa but they were married and thus they were forced to do AOS or he would have been sent for removal. 

[KULtoATL 1,551]

1 minute ago, Megmarcus said:

As soon as possible. How long before they overstay isn't forgiven? I have been doing a lot of research on this website and a lot of people have been telling their stories of overstaying etc. 

No one can tell you exactly "how long before an overstay is not forgiven". Each day you overstay, there's a chance of you getting detained and deported. So instead of trying to figure out the maximum amount of time you can stay overstayed, just try to gather the amount needed quickly and file. As long as you don't file, you'll be living in fear, which I don't think that's something you want. Couple that with a potential bar or ban, well, you do the math.

[Cyberfx1024 7,978]

1 minute ago, Megmarcus said:

I am planning on adjusting status while here but was just curious as to what would happen if I left. And now wondering if they could refuse the application because you have overstayed 

They won't refuse your application just because you overstayed, as stated previously it will be forgiven. 

 

But you can not file for AOS and then just leave until you get the AP document in your hand if you file for that as well. Until you get that document in your hand you can not leave the country at all. 

[Cyberfx1024 7,978]

3 minutes ago, Megmarcus said:

I am planning on adjusting status while here but was just curious as to what would happen if I left. And now wondering if they could refuse the application because you have overstayed 

If you left without filing for AOS you will then have to go through the CR-1 process to come back and that process is taking about 1 year. So one year of being out of the country because I seriously doubt they would give you a visa to visit because you overstayed on esta. 

[Going through 5,668]

21 minutes ago, Megmarcus said:

As soon as possible. How long before they overstay isn't forgiven? I have been doing a lot of research on this website and a lot of people have been telling their stories of overstaying etc. 

You should put in your application as soon as possible.   As I said, your AOS filing would forgive any overstay.  This doesn't mean you have a set amount of time you CAN overstay, however.

 

 I understand you are worried over the costs---perhaps a friend or your new in laws could loan you the rest of the fees you need? 

Edited September 13, 2017 by Going through

[Megmar0616 11]

Thanks everyone. I definitely won't be leaving, was just asking out of curiosity. i will get the application in asap. 

[BritGirl88 43]

I adjusted successfully from VWP and overstayed by almost 3 months before submitting my AOS application. The whole process was really smooth (less than 6 months from submitting AOS to receiving GC in hand), no problems. The fact that I entered on VWP, whether there was intent to marry upon entering or the fact that I overstayed was not mentioned AT ALL.

 

The focus is on the legitimacy of your marriage, not your overstay or anything else.

[Megmar0616 11]

14 hours ago, BritGirl88 said:

I adjusted successfully from VWP and overstayed by almost 3 months before submitting my AOS application. The whole process was really smooth (less than 6 months from submitting AOS to receiving GC in hand), no problems. The fact that I entered on VWP, whether there was intent to marry upon entering or the fact that I overstayed was not mentioned AT ALL.

 

The focus is on the legitimacy of your marriage, not your overstay or anything else.

Great. Thank you. That seems to have been extremely smooth! I hear it can take up to a year. 

[BritGirl88 43]

17 hours ago, Megmarcus said:

I hear it can take up to a year. 

It can. Some even longer. It all depends on if it's a straight forward case (possible red flags), where your field office is (could deal with more backlog etc) whether you've filled in everything correctly and sent in all the necessary documents (that can cause delays if you have to send in additional documents). Generally speaking it takes around 6 months to a year. Some sooner and some longer. But that's the general ball park. You should get your Advanced Parole and EAD card within about 3-4 months though, so you'll be able to work and leave the country. The time frame for that seems to be pretty consistent across the board.