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Adjustment of status from overstayed VWP

Discussion in 'Temporary Visas - OTHER Than The Ones Mentioned' started by Aali89, Jan 20, 2016.

  1. Aali89

    Aali89 New Member

    ok so i have a bit of a situation.

    I was born n raised in london and im a british citizen (pakistani origin)

    I came to the US and ended up getting married here with no intention to as the ceremony ("nikah") was arranged within a few days.
    I had planned to leave and even had a return ticket to the UK within 90 days.

    However i got pregnant before the 90 days were over and became very sick due to the vomiting and also due to financial hardship was unable to adjust my status . .

    I did not have any intention to stay in the US (my husband is not a US citizen or a legal permanant resident). My true intentions were to leave the US after marriage and sponsor him to join me in the UK.
    However , i now have a US born citizen Daughter who is 2 yrs old and a husband who is not legal here as well as me.

    What options do i have?
    I have overstayed my vwp by more than 180 days.
  2. newacct

    newacct Well-Known Member

    You don't have any options for staying in the US legally, if your husband is not a US citizen. You guys can still move to the UK if that is still your intention.
  3. Edward B. Artiaga

    Edward B. Artiaga New Member

    I think you be able to stay. They will not allow you to stay legally.
  4. 1AurCitizen

    1AurCitizen Registered Users (C)

    Your post is contradictory.
  5. 1AurCitizen

    1AurCitizen Registered Users (C)

    Slightly older topic, but
    No options to be in the US legally. An illegal spouse does not grant an ability to adjust status in the US.
    Sounds like you stayed primarily to have a USC baby, when you could have returned and use NHS. Who paid for childbirth expenses?

    Best to move back to the UK along with your husband as was your original intention.
  6. CalGreenCard

    CalGreenCard Registered Users (C)

    Adding up the numbers you've been here for at least 2 years, 9 months so have overstayed by at least 2 years, 6 months--meaning you are looking at a 10 year bar should you leave. I don't believe you have any immediate path to become legal. Since you originally entered legally, in 19 years (when your daughter is 21) your daughter could sponsor you to adjust status. If your husband has some type of path to a green card in his own right, then he could sponsor you when he gets his citizenship. This could be--relatively--faster than waiting the 19 years for your daughter to be of age. But you haven't said much about your husband's situation other than to say he doesn't yet have a green card. Sponsorship by your husband will only work if he has some kind of path to his own green card. I believe that to forgive your overstay he needs to first become a citizen--which means it is at least 5 years away even if he is close to getting his green card. But if he is on track to getting his green card, sponsorship by husband will at least be (somewhat) more efficient than waiting until your daughter is of age.

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