I-485

Not necessarily. Immigration and Customs Enforcement (ICE) has the authority to order removal proceedings for VWP holders who have overstayed, including individuals who are immediate relatives of U.S. Citizens. In that case an individual may not contest a removal action on the basis that an I-485 is pending.

Dear cjn15:

Please do not allow your wife to overstay her 90-day VWP allotted time. If she overstays her allotted 90 day time period and then leaves the United States, she could be subjected to either a three or ten year bar from re-entering. If she is prevented from re-entering the United States for either three or ten years after she leaves, how much more will you miss her then?

Moreover, absent other circumstances, she is likely required to obtain a different status by consular processing, only available in her home country, in this case the United Kingdom.

Please do not allow her to overstay her VW.