Got married before I overstayed my Visa. (VWP)

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xragdoll

New Member
I hope this is in the right place!

This issue has been bugging for some time now but everytime I look for information on it, it doesn't really apply to my situation and I can't afford a lawyer.

Basically in May 2011, I entered the US on the Visa Waiver Programme. I got married in July that year, and my visa expired August of that year. We didn't have the money to get an Adjustment of Status like I read that I was supposed to do. I left the US in April of 2012 because my Grandmother was sick and dying so I had to leave. I've done some reading online and I didn't realize that this would cause a ban since I didn't adjust my status. But since i'm married, there has to be a way around it, right?

Can anybody give me advice and/or tips on what to do?
 
Are you married to a US Citizen. ?


xragdoll said:
I hope this is in the right place!

This issue has been bugging for some time now but everytime I look for information on it, it doesn't really apply to my situation and I can't afford a lawyer.

Basically in May 2011, I entered the US on the Visa Waiver Programme. I got married in July that year, and my visa expired August of that year. We didn't have the money to get an Adjustment of Status like I read that I was supposed to do. I left the US in April of 2012 because my Grandmother was sick and dying so I had to leave. I've done some reading online and I didn't realize that this would cause a ban since I didn't adjust my status. But since i'm married, there has to be a way around it, right?

Can anybody give me advice and/or tips on what to do?
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Getting married before or after you overstayed is irrelevant. You should have applied for AOS with Advance Parole, then you could easily have visited your grandmother on Advance Parole. Not wanting to spend the fee is foolish because once you apply for EAD with AOS, and get the EAD, you can work to get more money; not having status means you cannot do lots of things. It is well worth even borrowing money to pay for it. Plus you will need a sponsor anyway, and the fee is insignificant compared to the amount of income the sponsor has to have. So unless you can't find joint sponsors or something, there is no reason not to have filed for AOS.

You can apply for a hardship waiver, but it is hard to get.
 
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