"Over-Stay"

[Easton 0]

Does anyone have experience with being an over-stay and then having it forgiven through marriage?

[payxibka 10,045]

9 minutes ago, Easton said:

Does anyone have experience with being an over-stay and then having it forgiven through marriage?

Lots of people 

[Easton 0]

Just now, payxibka said:

Lots of people 

My girlfriends visa is up on June 15th. It is an esta visa so im not sure if we can get an extension for that. We are wanting to get married once her 90 days are up but being an overstay worries her. 

[arken 4,197]

Yeah one of my friend’s GF overstayed the night in his home and they were forgiven only thru marriage. And yeah such culture still exists in some parts of the world.

 

Anyways jokes apart, it’s forgiven immigration wise only if married to a USC or the spouse becomes the USC during the immigration time.

Edited May 4, 2020 by arken

[Crazy Cat 41,981]

5 minutes ago, Easton said:

My girlfriends visa is up on June 15th. It is an esta visa so im not sure if we can get an extension for that. We are wanting to get married once her 90 days are up but being an overstay worries her. 

Why are you waiting "until her 90 days are up"??  I recommend marrying before her ESTA stay expires.

Edited May 4, 2020 by Lucky Cat

[Loren Y 2,755]

The waiting for the 90 days is a myth started long ago by a bunch of clown attorneys that for some reason think if you wait 90 days before you get married that USCIS will think you didn't plan to get married on a ESTA and everything is better that way. Intent is determined at POE, so once she gets admitted she's in, get married the next day if you want. Better to get married and start AOS asap. By overstaying her ESTA is gone for good, so make sure you plan on taking this all the way to green card at the minimum. Overstay is forgiven as long as you marry a US citizen, so that won't effect the overall process.

[Easton 0]

Just now, Lucky Cat said:

Why are you waiting "until her 90 days are up"??

She isn’t here on a K1. She is just here on a visitor visa. We had heard if you get married before 90 days it will redflag immigration, looking like we had fuel intent with her visitor visa. 

[Easton 0]

3 minutes ago, Loren Y said:

The waiting for the 90 days is a myth started long ago by a bunch of clown attorneys that for some reason think if you wait 90 days before you get married that USCIS will think you didn't plan to get married on a ESTA and everything is better that way. Intent is determined at POE, so once she gets admitted she's in, get married the next day if you want. Better to get married and start AOS asap. By overstaying her ESTA is gone for good, so make sure you plan on taking this all the way to green card at the minimum. Overstay is forgiven as long as you marry a US citizen, so that won't effect the overall process.

Thank you for that info. We do plan to take it to green card. So you don’t think it’s a problem for her to overstay and then apply? 

She is worried about that popping up somewhere down the line. 

[Lucky2Lucky 2,526]

Your best bet is to marry now- there’s no reason to wait. Well; if she is only your girlfriend you should probably get engaged first... The longer you wait the longer she is unable to work or leave the country.

[Loren Y 2,755]

5 minutes ago, Easton said:

Thank you for that info. We do plan to take it to green card. So you don’t think it’s a problem for her to overstay and then apply? 

She is worried about that popping up somewhere down the line. 

Overstay will not be a problem, but just wanted you to know that there is no reason to wait until 90 days are up. You can if you want, but why wait. Get married and file AOS, and then she will have authorized stay. No overstay will be accumulated. If she is worried about overstay, getting married now and filing AOS will avoid the overstay issue completely.

[Crazy Cat 41,981]

10 minutes ago, Easton said:

She isn’t here on a K1. She is just here on a visitor visa. We had heard if you get married before 90 days it will redflag immigration, looking like we had fuel intent with her visitor visa. 

There is no USCIS 90 day rule.........

 

Step 1.  Marry

Step 2.  Use this guide:

 

 

[Easton 0]

My fiancé is here on an esta visa. The visa runs out June 15th. There is no way for her to fly back to Argentina due to Covid-19. We would love to be able to stay here in the states during our green card process. We are close to getting married and will then start the process. How likely is it that she can stay here as we are "pending", opposed to returning to Argentina to start the process?

[geowrian 22,337]

ESTA is a travel authorization, not a visa.

ESTA is available to Visa Waiver Program (VWP) travelers. By definition, there is no visa.

 

If you marry, she is eligible to AOS. She can remain in the US while the case is pending.

Guide: https://www.visajourney.com/guides/i130-spouse-inside-usa/

Note: The I-944 is not in the guide above but is now required.

 

Just be aware of the drawbacks, re: the timeline to work and travel abroad (and return) is likely to be 4-7+ months...possibly even longer nowadays.

 

Alternatively, she may be able to find a repatriation flight. She can also request a 30 day "grace period" to exit without it being held against her....to give more time to find a way home.

[Easton 0]

5 minutes ago, geowrian said:

ESTA is a travel authorization, not a visa.

ESTA is available to Visa Waiver Program (VWP) travelers. By definition, there is no visa.

 

If you marry, she is eligible to AOS. She can remain in the US while the case is pending.

Guide: https://www.visajourney.com/guides/i130-spouse-inside-usa/

Note: The I-944 is not in the guide above but is now required.

 

Just be aware of the drawbacks, re: the timeline to work and travel abroad (and return) is likely to be 4-7+ months...possibly even longer nowadays.

 

Alternatively, she may be able to find a repatriation flight. She can also request a 30 day "grace period" to exit without it being held against her....to give more time to find a way home.

thanks for the feedback. That guide seems to be helpful, although in reading the warning it would appear she needs to go back home and start the process from there. What makes you sure that my fiancé is exempt from that warning. thanks 

[geowrian 22,337]

1 minute ago, Easton said:

thanks for the feedback. That guide seems to be helpful, although in reading the warning it would appear she needs to go back home and start the process from there. What makes you sure that my fiancé is exempt from that warning. thanks 

Did she enter with intent to stay? Did she lie at POE?

Sounds like a change in circumstances occurred to me. Either way, per Matter of Battista and Matter of Cavazos, that can't be a sole reason for denial of AOS. Focus on showing a valid marriage and being eligible, not why you ended up doing AOS vs consular processing.