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Chocolatelover

Overstayed and then got married

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Filed: Country: Germany
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You are completing a program in higher education. Your English skills are excellent. So what part of "none of this matters, nobody cares, none of this will even come up" don't you understand?

Nobody cares if you did some babysitting, or helped some old Lady get her groceries. Nobody cares that you overstayed, and nobody wants to read about it.

The only thing that matters at AOS is that your marriage is genuine, real, entered not with the intent of gaining immigration benefits.

Your posts make me laugh - in a good way of course :-)

I just have a hard time believing, that's all....

Thank you!

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Filed: Citizen (apr) Country: Australia
Timeline

There is a recent rule (January of this year) where applying for AOS from the VWP AFTER the I-94 is expired is dangerous and that you might face automatic denial because of the overstay. Marriage to a USC does not override the overstay (discussed in the link I posted below). A post recently had the gentleman locked up awaiting deportation. Not everyone is aware of it yet. Whether it WILL get applied also seems to be hit-or-miss. And it only applies to applying for AOS after the VWP I-94 has expired.

That said, if you were to leave right now, you would incur a 10 year ban. Your ONLY hope is to try to apply for AOS and hope it works. If not, your husband should consider moving to Germany.

Here's my post that has the laws on it just so you have facts: http://www.visajourney.com/forums/topic/257044-seventh-circuit-ruling-re-vwp-and-aos/ (please read the replies to my post too so you get a wider view.

No-one says you WILL have trouble, but it's not 100% sure that you won't either. I just thought you should be aware (because I only found out about this the other day) that this risk is here.

Edited by Vanessa&Tony
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I'm not even 100% sure that pigs can't fly. Sure, I've never seen a flying pig, never heard of a flying pig, but deducting from this that no flying pigs exists anywhere would in fact be inductive reasoning which is a fallacy and therefore an invalid assumption. Ah . . . I knew my philosophy degree was good for somethin'.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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