edgini

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Besides which, the OP doesn't need to hide. The Op is currently in a period of authorized stay because their AOS is still pending, and won't be visited by ICE at all. If it gets denied eventually, then they will receive some notice before ICE would come knocking.

Really wish a mod would move this to AOS-other forum...

They will not give any notice as the OP has overstayed a vwp visa, they literally turn up and detain you until they deport you, I have read several articles about this happening all over the country recently....

I am not suggesting any lies are told, simply that the OP stays at another address until the situation is resolved..... Officially he is residing at this address, but he's not under house arrest and if he's not in when they call then he's not in.

Yes, you need to be very careful and consider all your options before trying to adjust status from VWP... it can get very messy.

unfortunately CR1 visa is probably the best route but she will have to return to the uk and this could take 10 months from what i have read, if they deny your request to adjust status on VWP she could be jailed then deported and banned from entering the US for 10 years, which can be overcome with much work and expense.... and time.

read my posting too, there may be some info that applies >> http://www.visajourney.com/forums/topic/284564-vwp-overstay-between-180-and-365-days-options-cr1/page__st__30__p__4315068__fromsearch__1#entry4315068

Alright thank you for your input people...... I will consider my options carefully!

Il post an update when I have news

That's not true actually. All USCIS offices are adjudicating AOS from VWP who filed while in-status. And, SOME offices are adjudicating AOS from VWP overstays just like they used to.. which was that the overstay from VWP had no bearing on the AOS petition. Some other offices are no longer doing this, and are putting VWP overstayers on permanent hold or denying, as has been discussed at length in this forum.

Yes i have read about this here, which is partly the reason for my post, im trying to clarify what the situation is down in florida, i will speak to my attorney about this but was hoping somebody here has used my local office.... also very importantly im awaiting this new directive that USCIS should be issuing about how USCIS should deal with VWP AOS.... right now it really doesnt sound like a good thing to go down that path.

thanks.

I'm wondering what happened with your earlier fiancee, and why it wouldn't have "qualified" you for a green card. My guess is that she would have needed a cosponsor for the I864, and you discovered her ulterior motives when she wouldn't sign a prenup. Now you found a new girlfriend who would qualify you for a green card, but the loophole you were hoping to exploit is closing. And you're ready to abandon her and the US if it's going to be too much of a hassle.

I dont think you understand this thread, the marriage would not have qualified me for a greencard because USCIS are not approving AOS for VWP period. nothing to do with any I864, prenup or financial standing.

Hi edgini!

I have very limited knowledge on this subject but I thought id offer my two cents!

You obviously have overstayed, and you are aware of the ramifications this is going to have for you. You shouldnt have done this, and would be finding it a lot easier if you hadnt, but thats not for anyone on this site to judge!

The idea is that people can come here to find impartial advice on how best to proceed, not to be judges on the choices, bad or good, that they have made. i wish i could help you more, but im a newbie!

All i will say, is that I considered AOS (went to USA on VWP and decided to get married after three years with my now-hubby) I hadnt overstayed, but i felt that the risks were too high to risk a ban. Particularly as he is unable to upheave is life and move to England!#

However, IF i had your situation I think i would probably try AOS. It seems to me that if you leave, the three year ban is a definite. The AOS is a maybe. Try and it and see! If youve got the money to burn and are willing to gamble, then why not.

This is of course dependant on the fact that you are actually in love with your girlfriend and do want to be with her forever!

Alternatively, the investment idea sounds like it would probably be the best one, but i have NO IDEA where to start on this one!

Good luck! let us know what you decide.

Hey, thank you for your input!, If i could turn back the clock with the benefit of hindsight of course i would do some things differently... I think im going to wait until Feb 2011 and see how USCIS are treating the VWP AOS situation... and also see how we feel, and then decide which route to go down, if im going to leave before the 365 days il have to leave at the end of Feb.

Thanks for responses and advise. We will keep you posted.

Im in a similar boat, waiting to hear on the new policy directive before we decide whether to get married or not first though.....

might be an idea to stay at another address than the one on the application though if you dont want to run the risk of ICE suddenly deciding to turn up at your door.

Right now all hangs in the balance, as many VWP entrants wait to see what the USCIS directive is on AOS after Marriage, if anybody is in that situation in Florida please advise of your experiences, alternatively if anybody gets details of the new directive/memo please advise also.....

Thanks to those who have contributed useful advice to my thread.

Im headed to the beach!

Your "dilemma" is that you came over thinking that if you decided to stay, there was an option available IF you met the right woman. So while you were checking out your options, you weren't paying attention to trends in US immigration policy. If you are making an investment, do you wait until you are ready to buy before you research the stock?

This is a not a case of hard-nosed US immigration policy. It's just poor planning on your part. Stop whining.

I am not whining, I am researching my options. your postings are totally unhelpfull and contain no advice whatsoever, please go and pester someone else and do not post anything further on my thread.

thank you.

You and your girlfriend have to live somewhere. Maybe you don't want to take her back to Europe because you have no life there to offer her?

I don't understand what journey you think you have begun. You came here as a visitor. You bounced back and forth over the border. You met one woman - that didn't work out. Now you've met another. Is that your journey?

Did you think you could just land over here and stay? The US hasn't had an immigration policy like that since the 50's. And France doesn't have one either.

No life to offer her?

Indeed, i have done a lot of travelling in the last few years, and to be honest im done with the bouncing around... im ready to settle down and I like Florida, as for europe, with my passport i can live/work in any european union country, and i have spent time in most.... as well as many other countries.

As for taking her to europe, thats something we will do in the future, but at this stage of the relationship it would be too much upheaval.

until just 2 months ago, AOS by marriage in the US was a regular occurance, hence my current dilemma.

Well if you are seeking clarification, the basis for adjusting status would be marriage to my girlfriend, However I am not about to get married to someone if we are then going to be torn apart by an over zealous ICE, for both our sakes..... and no, Neither am i going to ask her to drop her life here and come to Europe with me, like i said in my original posting, if legalising my status here is too much hassle I will abandon the US.... there are plenty of other places in the world where i would be happy living and already have permission/freedom to go.

I had no pre-meditated intent to immigrate to the US, in fact I didnt even think i would like it very much, until i spent some time here....... at that time AOS through marriage even on VWP was not only permitted but was a very well established norm....

As for benefitting the US, many people like me, who have no criminal record, are healthy, want to start a family, have money to spend and invest and create jobs (esp in Florida with unemployment at over 11%) would contribute enormously to this country, Had i known the ridiculous red tape involved in this process i would not have even begun on this journey, and thats why they are shooting themselves in the foot, but im not asking you to judge my case/intentions. simply for advice on my options.

Thank you.

Ps, has there been any update on the new USCIS directive about AOS by marriage for VWP? Are cases still on indefinite hold? What's the latest memo.......

Yes that is pretty much what I thought, thank you for your advice.

They really have us by the balls on the VWP, there is virtually nothing we can do..... To the detriment of the US of A.

Howdy,

it seems the US immigration system has shut a lot of doors to practically every would be immigrant. I am from France/UK.

I originally came to Florida in July 2009 to kill 2 months over the summer before going to Australia, however i ended up loving it and renewed my VWP by making a weekend trip to colombia, after a further 3 months i did the same thing but after taking some advice from an attorney I applied for a B2 visa whilst out of the country as this is for a longer term visa(6 months at a time) and can be adjusted to different type of visa if i wanted to remain longer.

unfortunately my B2 visa request was immediately denied at the embassy, the reason i was given was that i did not need a B2 visa as i had a Visa Waiver passport (catch 22!) and of course there is no way to adjust the VWP, (not even marriage to a usc anymore!) so US Immigration really have us by the balls here.

This caused me all sorts of problems coming back in, i was held in secondary as i had stated on my i-94w that i had been denied a visa, plus this was my 3rd re-entry on VWP in 10 months, luckily after having my attorney on standby he managed to convince them to let me thru.

Following this I nearly did get married in October 2010 to one girl here (which it turns out would not have qualified me for a GC anyway), we got as far as getting a marriage licence... i subsequently discovered that she had ulterior motives for wanting to get married and never went thru with the marriage.

However at the time i thought it would happen and furthermore it would resolve my status here, which led me to overstay by more than 180 Days, now i have until March 2011 before i reach >365days, I need to decide whether to leave and probably incur a 3 year ban or remain here ilegally and risk deportation +10 year ban or hope for immigration reform, (at least for marriage by VWP).

One option i am seriously considering is leaving the US, but i need to know if there is any way i can get around the 3 year ban (other than the hardship waiver which i dont think we would qualify for), because this is the deal breaker, I could leave the US and get married to my current girlfriend then apply for a CR1, and we could live happily ever after, but.....

1) do i have to wait for the 3 year ban to expire before i can even apply for CR1? (as the process will probably take a year, that would be 4 years in total)

2) Would the investor visa be an easier route, could i get around the 3 year ban with this? I am prepared to invest up to $1million in a qualifying business over here.

3) Is there anyway i can come to an arrangement with ICE/CBP to drop the 3 year ban before i leave the US?

I ask this as i read this posting by VJ member "brokenfamily" which suggests that if i were to get a deportation order but leave voluntarily before being deported the 3 year ban would not apply, however Im not sure if they issue deportation orders on VWP as oppose to detain and immediately deport? this is what i read >> H. Unlawful Presence - INA 212(a)(9)(B) and ©

1. Inadmissibility Provisions Based on Unlawful Presence

Inadmissible under

INA 212(a)(9)(B)(i)(I)

If an alien has resided unlawfully in the U.S. for an un interrupted

period of more than 180 days but less than 1 year and then voluntarily

departed, prior to the initiation of removal proceedings, he or she is

inadmissible to the U.S. for a period of 3 years from the date of

departure.

NOTE: If removal proceedings are initiated before the alien has been

in the U.S. for more than a year, and the alien leaves after initiation of

the removal proceedings pursuant to a grant of voluntary departure, but

before the alien has been unlawfully present for more than one year, the

alien is not subject to the three year bar. This is based on language in

the statute itself, which provides that someone with more than 180 days

continuous unlawful presence, but not more than a year of unlawful

presence is inadmissible only if he or she leaves before a removal

proceeding has been initiated. Thus, pursuant to statute, if the alien

leaves after removal proceedings are initiated (e.g., the NTA is filed

with EOIR and served on the applicant), INA 212(a)(6)(9)(B)(i)(I) no

longer applies. However, in this case, there is a chance that the alien is

inadmissible for failure to having attended a removal proceeding (INA

April 28, 2009

I have no criminal record, can support myself and any future family comfortably, am perfectly healthy and would love to be a part of this country and settle here, but i fear that at this rate it is just not worth the Hassle!.... im exploring my options before march. fingers crossed.

Thank you in advance for any and all helpful advice!