I need help...overstayed VWP by 1 and a half month,baby is due in July!!!!!

K

kgoldenangel

Registered Users (C)
:eek: PLEASE BE PATIENT READING...I REALLY NEED HELP!!!

I am new in this forum and I hope someone can help me!!!!
I have read a lot about the "overstay-situiation" but I am still worried and confused!!!
I am in the US since Jan 2005 and thats when I spontainiously got married to my now husband (who is a USC/ in the Army). I entered the US with a Visa waiver...and he ran with me right away to the court house to get married.
Well, after that we decided to get the money together for a lawyer but unfortunatly we weren't able to. Then we decided to do all the paperwork online through a website that will help you to fill out the package and makes sure that you won't have any mistakes in your paperwork.(www.insexperts.com) ....unfortunatly I had some problems with my pregancy and everything got delayed....now it is mid-May and I still haven't filed my paperwork.....NOW I have already overstayed and I am scared and very stressed out....
Should I consult a lawyer? Which I actually don't have any money for? Or is it possible for me to file the papers myself and if anything goes wrong I can still consult a lawyer?...what happens if everything gets rejected?...will I get deported?...My Baby is due in the beginning of July and I am really scared and don't know which step to take first or which way is the best!!
I NEED ALL THE ADVICE I CAN GET...and a HUGE thank you for reading!!!!!

Nadine
 
hi

hello goldenangel, Im sorry I dont have any advice for you, I am new to all of this as well.
I just wanted to reply to you and tell you Im sorry for what youre going through, and I know how you feel. Be patient and someone on here will help you. If no one has any answers, maybe you could find a lawyer who offers free advice or one who will work with a low income budget. Or if all else fails you may have to contact USCIS and ask them. Please someone correct me if Im wrong.
And try not to be stressed, I know its hard but youre expecting a baby. You need to take care of yourself and try your best to relax. I had two babies while going through all this immigration matter. I was lucky enough to be able to be with my husband in England during thier births.
You just hang in there and feel free to message me any time if you need to talk. I will try to help you as best as i can.
You mentioned youre husband is in the Army. Is he with you now, or on duty somewhere?
Take care,
Shel
 
You are safe........

Dont worry at all, if you are married, you would have filed the paper work before over staying(always a good idea) but still even u o verstayed, you are 100% eligible to file.And I will HIGHLY RECOMMEND not to get an attorney, there is no complication in your case, if you would like me to help, I am willing to help you, just send me a private messge.
Good luck
 
I swear I'm not judging and I think its great that you guys are so quick to offer such nice encouragement and assistance. that said, status adjustment is not guaranteed, and if at her interview it is noticed that she entered broke and 2-3 months pregnant, baby's paternity and her intent may become issues. I'm not trying to be negative or ugly and she may not have any problems at all. I just wouldn't tell her "not to worry" yet.
 
Sorry

entered the US with a Visa waiver...and he ran with me right away to the court house to get married.

Spontaneous my ass. You entered and then ran straight from the airport to the courthouse but you're trying to spin that as a spur of the moment thing? You entered on the visa waiver program intending to get married and live here. Nice start to your life in the USA by violating the law. Your application may be approved or denied depending on how much of a liberal twinkie your adjudicator is. If it was me, you'd be headed home to apply for a K3 visa.
 
well, first of all I wanted to thank everyone for your help and comforting words THANK YOU SO MUCH!!!!

BUT now to the person to had to make this very rude and totally untrue comment about me!!!!!!

HONESTLY, you can think abot me or my husband whatever you want and I actually don't care...but I would like to clarify one thing: I wasn't lying on here, made stuff up or look for any kind of pitty!!!
NO! I never entered the states with the wrong intention und you don't even know the whole story to make a comment like that!
I lived and studied in FL for the past 3 years and I could have married my now husband back then but I didn't.
He loves me very much and is crazy about me since the day he met me...if you have never been in such a situation or had feelings for someone like that...then I truely hope that you will one day in your life!

Everything happened the way it did and believe me I am the last person that intendent to brake any kind of laws or discrespect the U.S.

Anyway thanks for reading this..I just wanted to get rid of my frustration....who likes to be called a liar if they aren't!
 
Thanks for not addressing my point

You entered and immediately ran to the courthouse to get married and you expect me or anyone else to believe it was spontaneous?


He loves me very much and is crazy about me since the day he met me...if you have never been in such a situation or had feelings for someone like that...then I truely hope that you will one day in your life!

Again, doesn't address my point.


Everything happened the way it did and believe me I am the last person that intendent to brake any kind of laws or discrespect the U.S.

You did not intend to but you did? There was an easy way to avoid doing it. Stay home, apply for K3. But once you filled out the green form and presented yourself as a visitor when you were coming to stay, you broke the law and committed fraud. Don't try to deflect attention from that fact with mushy sentimentality. Let's review the facts again: You came in broke, well into your pregnancy, and immediately got married upon your entry. This means it was not spontaneous. This means you knew what you were planning when you presented yourself to an official of the United States government as a tourist. I stand by what I said.

All you had to do was stay home and do things the correct way through the US embassy or consulate and you'd be fine now and wouldn't have to have this weight on your shoulders in addition to worrying about those complications. Instead you tried to take a short cut and have now caused yourself nothing but trouble because of it. THis is why the Visa Waiver program needs to go. THe US govt. extends the welcome mat for tourists and businesss travelers by offering easy, convenient, streamlined travel to the US without having to fill out visa applications or sit through embassy interviews. What thanks do we get for it? IT becomes just another loophole for people to circumvent our immgration laws.
 
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kgoldenangel,
I don't know what was your intetion but the immigration officer will look at you same way as eharri3 is looking at you. I am just telling you the way I think immigration officer will look at you. I don't have any kind of personal image for you.
 
What’s done is done.
Sometimes it’s better to be broke and undocumented, but with the husband by your side then stay overseas, alone with the baby, waiting and worrying forever for that K-1 to be approved. And then what? Another visa application for the baby? and how long would that take? Wasn’t it easier and less stressful to bring him (a baby) over here the way she did?
If immigration system was more efficient, and more competent, and didn’t keep families apart for years and years then people won’t have to lie in a first place.
Yes, she broke the law, but let her worry about it.
She is going to have her time and the chance to be interrogated by the real immigration officer, not some wannabe#3.
 
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regarding her immigration, I was thinking pretty much the same thing. How she approaches the system and what that yeilds her has nothing to do with anyone online, but she did ask for all the advice she could get (in all caps, twice) and for that she got an assortment of perspectives. I do have one non-immigration thought...given that she dodged the paternity thing, this baby may have a dad that would want to be a dad. I think it would be sad if she was using the US to help her avoid a custody matter in her home country. thats just my opinoin
 
My husband is the dad and they aren't any paternity issues!...oh AND I am not using the US for anything....lol
yes I wanted to find some help in here because I thought thats what this portal is for....judgment wasn't what I was looking for at all!
 
Here's another perspective...If she did not know that he would wisk her away to the courthouse to marry him the moment she arrived, if she thought she was coming here for a visit to see her man and discuss their future, then m y opinion (I am not an immigration officer) is that she did not violate her entry condition. kgoldenangel, regardless of your now-husband's intent, did YOU intend to get married when you entered?

Good luck,
Lardbird
 
lardbird said:
Here's another perspective...If she did not know that he would wisk her away to the courthouse to marry him the moment she arrived, if she thought she was coming here for a visit to see her man and discuss their future, then m y opinion (I am not an immigration officer) is that she did not violate her entry condition. kgoldenangel, regardless of your now-husband's intent, did YOU intend to get married when you entered?

Good luck,
Lardbird
Click to expand...

It’s a good point. She won’t go to the interview alone. Her husband will be there as well. INS might get suspicion of her intentions, but they will ask her husband the same question as well, so she’ll be alright.
It is very hard to prove somebody else’s intentions, or truthfulness, that’s why INS looks for the paper proof of the valid marriage – join taxes, insurances, leases, pictures and birth certificates of children.
They also often ask when people first met and how long they have known each other before they got married.
This girl obviously didn’t just meet her husband at the airport and if she got all other proof, she’ll be alright.
Also, if you search old posts – there are plenty of other people with overstayed visa who wasn’t even asked about it during their interviews. Overstayed visas are forgiven to USC spouses.
 
Thank you Lardbird and Jane for your other perspective on the case...and yes you are right...like I tried to explain...I DID NOT INTEND to get married...I studied in the US for 3 years at a CC and in my last year I met my now husband. I didn't really know what will happen with us futurwise because he is in the U.S. Army. Anyway, I left the country to go back home right in time for Christmas and since I was done with school I didn't enroll for the spring semester...my plan was to come back to the States to gather all my belongings from my years as a student (since you can't really take everything with you on one trip home...lol..at least I can't)...well, two weeks later I arrived back in the states, this time with the visa waiver...and yes of course I wanted to talk about my future since I didn''t know what it holds for us and this man very obviously intended to marry me...lol..I just had no clue...and on top of all I found out (during my 2 weeks at home)...that I left the states pregnant with his child....of course I wanted to tell him in person when I got back...thats what I did...but all this was not planned or intended or a fraud or a paternity issue.....
I hope I clarified everything a little bit better..although I wanted to keep the story short...
Thanks for all the "HELP" I got ;)
 
goldenangel,

It might help in your interview if you can find some documents from your home country showing your intent to stay in that country. Maybe if you rented an appartment or purchased something large like a car or got a job opened a bank account. It seems you weren't in you home country for long enough to do those things, but if you have any of those this they can help! Also you have proof of a return ticket right? Just take anything you can think of as proof you intended to go home to the interview. Good luck and congats on the baby!
 
I wasn't going to reply to this anymore, but I wanted to thank you for clarifying the child issue. Your family situation isnt my business, but when children are involved I often take another look at possibilities like that. Really, I enjoy offering advice and I dont get hung up on the rights or wrongs of someone's approach. I get hung up on inconsistencies and details that make me think you are leaving out information on purpose. Like your recent 3 years in Florida you just revealed. I didnt get the feeling that you had dealt with immigration issues before, but I guess you might have just come off a student visa. (but then you would have had legal status for 60 days after your study finished in December to make trips getting all your stuff home and you wouldn't be returning in January on a waiver) you would have also had a sponsor supporting you and you wouldn't be so broke.
Maybe you had a green card... but then you still wouldn't need a waiver to return and you would still be legal.
Perhaps you have a long history of vwp abuse? I dont know and I'm not worried about it. I just wonder why you would expect sound advice when you leave this out.
 
I am also married to a girl that had overstayed her VISA because we were expecting our baby and, she also came on VWP programe. As long as you are married to a USC you have nothing to worry about. I think you will need to request a wavier because you overstayed, but thats only if for some strange reason they don't approve you. I would go ahead and file I-130. I-485, I-131 and if you want to work while your application is pending then file that also.
I don't think you should have any problems since your husband is with you, plus it will help that he is in the army as the poverty filing requirements for the milatrey are much lower then the general public.

I would also look into your local church groups, i know some of them help with filing of your immigration paperwork and you only pay them something like $50.00, well at least in Maryland they do not sure where you are. I am sure if you ask around you will find some kind of a support group that helps you file. I would not worry about anything else, wish you the best.
 
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