Seeking advice on AOS

[horizon1245 3]

Hi, I am new to this forum and hoping to get useful info from people who are familiar with these things..

 

So I entered the US on vwp(esta) and overstayed it for around 9 months. I came here for a visit to my then girlfriend but we decided that I would stay after I came here and I’ve been here ever since. We got married a few months ago and just sent off the AOS application to uscis. 

I want to know what the changes are of us getting approved... 

Are they going to be more suspicious because I entered on esta and overstayed?

I’ve been reading past posts of ppl with similar situations and them saying uscis denied them bc of their overstay which makes me very nervous.

 

Any thoughts or experience would be appreciated.. 

P.S. we’re applying in Michigan so I’d like to know if they’re more generous or conservative with this kind of cases too.. 

thank you in advance.

[horizon1245 3]

10 minutes ago, horizon1245 said:

I want to know what the changes are of us getting approved... 

I meant to say chances. 

[lonesurvivor 48]

I am doing the exact same thing right now, except on a b2 visa and so far so smooth, going for my interview tuesday. I do not expect I'll be denied and there are a lot of people on here who have done the same thing and have been fine! Overstay is forgiven for spouse of usc

[HRQX 4,146]

34 minutes ago, horizon1245 said:

I entered on esta and overstayed?

"Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

40 minutes ago, horizon1245 said:

Any thoughts or experience would be appreciated..

Assuming there wasn't a material misrep at POE, then no issue. If my assumption is incorrect, then "Yes" would be selected for Part 8 #65 of the I-485.

[horizon1245 3]

54 minutes ago, HRQX said:

Assuming there wasn't a material misrep at POE, then no issue. If my assumption is incorrect, then "Yes" would be selected for Part 8 #65 of the I-485.

What’s a material misrep? And can you show me an example of it? Thanks.

[Villanelle 4,125]

Did you intend on staying when you entered on ESTA? Did you lie to the CBP when entering? If not dont worry about it. 

[horizon1245 3]

1 hour ago, Villanelle said:

Did you intend on staying when you entered on ESTA? Did you lie to the CBP when entering? If not dont worry about it. 

I think none of it applies to me! We did change our plans after I arrived here even tho I had a job back in my country..

when cbp asked purpose of the visit, i just said traveling as I had a trip booked to NYC and other questions they asked were how long is your stay, who’s paying for the trip which I answered truthfully. 

Is there gonna be any problem?

[horizon1245 3]

Any thoughts? Do you think we’ll need a lawyer? Or do you think there was a material misrep? Thanks in advance.@geowrian

Edited September 23, 2019 by horizon1245

[geowrian 22,344]

1 minute ago, horizon1245 said:

Any thoughts? @geowrian

I concur with the above - if no misrep (nothing you noted is a misrep) then it should not be an issue.

[horizon1245 3]

6 minutes ago, geowrian said:

I concur with the above - if no misrep (nothing you noted is a misrep) then it should not be an issue.

Thanks a lot for your answer.

I’ve been looking up what material misrep is but still have no idea 😭

I thought it might be a problem that I said traveling for purpose of visit instead of something like visiting girlfriend.

Will it be an issue later in your opinion?

[geowrian 22,344]

12 minutes ago, horizon1245 said:

Thanks a lot for your answer.

I’ve been looking up what material misrep is but still have no idea 😭

I thought it might be a problem that I said traveling for purpose of visit instead of something like visiting girlfriend.

Will it be an issue later in your opinion?

A material mirep is defined here: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Basically, it's a known, willfull lie that may have resulted in a different decision being made.

Visiting covers visiting a girlfriend/spouse/whoever, so I don't even see a misrepresentation. If you had said something like "A business convention at xyz" and never intended to go to xyz, that may or may not be deemed material.

[horizon1245 3]

5 minutes ago, geowrian said:

A material mirep is defined here: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Basically, it's a known, willfull lie that may have resulted in a different decision being made.

Visiting covers visiting a girlfriend/spouse/whoever, so I don't even see a misrepresentation. If you had said something like "A business convention at xyz" and never intended to go to xyz, that may or may not be deemed material.

Ohh i see, thanks for clarifying!

I didn’t say visiting, I said traveling when asked about purpose of visit bc I had plans to travel and ofc I didn’t mean to lie. Can it be a misrep since I didn’t say visiting?

Edited September 23, 2019 by horizon1245

[geowrian 22,344]

5 minutes ago, horizon1245 said:

Ohh i see, thanks for clarifying!

I didn’t say visiting, I said traveling when asked about purpose of visit bc I had plans to travel and ofc I didn’t mean to lie. Can it be a misrep since I didn’t say visiting?

IO's call to make, but it would certainly not be on my list. 👍

[horizon1245 3]

7 minutes ago, geowrian said:

IO's call to make, but it would certainly not be on my list. 👍

Thank you, I’m still worried tho 😭

Edited September 23, 2019 by horizon1245

[horizon1245 3]

Would it be a plus or a minus for the process that I’m French? What do y’all think