Overstayed visa waiver married to u.s citizen

L

Lisa011

New Member
Hello
I came to the U.S when i was 12 from germany on a vwp and have stayed here ever since i'm 21 years old now married to a U.S citizen, I have all the papers filled out ready to send to the USCIS for AOS thru marriage to a us citizen but our attorney has warned us that there has been recent denials in these types of cases Im very terrified and clueless i dont know if i should proceed and go for it or just wait and see if anything changes.
Please let me know if you or someone you know has gone thru this.
I live in Chicago.
 
Most of the attorneys paint a worse case scenario so the clients will retain them, if you have a legal entry into US and have your I-94 in your possession you can adjust your status being a IR of a USC even with the overstay.
 
Namecheckvictim, apparently you are not aware of the court ruling earlier this year that resulted in the unappealable denial of visa waiver overstayers who filed for AOS, even though they filed as Immediate Relatives of USC. It it not a scare tactic, it is a true thing that is happening to those who overstayed their visa waiver before filing for AOS.

If Lisa011's overstay was less than 180 days beyond her 18th birthday, I would advise her to leave the US and do consular processing, in order to avoid having the AOS denied based on that court ruling. However, at this point she has a choice between a rock and a hard place -- file for AOS and risk the denial, or leave the US and be banned for 10 years.
 
Jackolantern said:
Namecheckvictim, apparently you are not aware of the court ruling earlier this year that resulted in the unappealable denial of visa waiver overstayers who filed for AOS, even though they filed as Immediate Relatives of USC. It it not a scare tactic, it is a true thing that is happening to those who overstayed their visa waiver before filing for AOS.

If Lisa011's overstay was less than 180 days beyond her 18th birthday, I would advise her to leave the US and do consular processing, in order to avoid having the AOS denied based on that court ruling. However, at this point she has a choice between a rock and a hard place -- file for AOS and risk the denial, or leave the US and be banned for 10 years.
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Jackolantern, my wife came from Canada as VWP 8yrs back. We got married & also got two kids. I filed for her AOS back in April & everything went very smooth & she even received her GC. All process took only 4 months.
Seems like Lisa011's case is very similar to us then what is that like we were lucky cause I don't know about the denial thing you just mentioned. I knew that as long one is married to an US citizen & if the entry was legal USCIS excuses the overstay issue.
Atique.
 
Atique.Rahman said:
Jackolantern, my wife came from Canada as VWP 8yrs back.
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Canadians don't use the VWP to enter the US, Canadian visitors enter with a different arrangement having different rights and restrictions.

I knew that as long one is married to an US citizen & if the entry was legal USCIS excuses the overstay issue.
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That has changed for people who entered with the VWP and overstayed.
 
Jackolantern said:
Namecheckvictim, apparently you are not aware of the court ruling earlier this year that resulted in the unappealable denial of visa waiver overstayers who filed for AOS, even though they filed as Immediate Relatives of USC. It it not a scare tactic, it is a true thing that is happening to those who overstayed their visa waiver before filing for AOS.

If Lisa011's overstay was less than 180 days beyond her 18th birthday, I would advise her to leave the US and do consular processing, in order to avoid having the AOS denied based on that court ruling. However, at this point she has a choice between a rock and a hard place -- file for AOS and risk the denial, or leave the US and be banned for 10 years.
Click to expand...

Thanks for educating me on that, was AAO also involved prior to the court ruling?
 
jackolantern said:
namecheckvictim, apparently you are not aware of the court ruling earlier this year that resulted in the unappealable denial of visa waiver overstayers who filed for aos, even though they filed as immediate relatives of usc. It it not a scare tactic, it is a true thing that is happening to those who overstayed their visa waiver before filing for aos.

If lisa011's overstay was less than 180 days beyond her 18th birthday, i would advise her to leave the us and do consular processing, in order to avoid having the aos denied based on that court ruling. However, at this point she has a choice between a rock and a hard place -- file for aos and risk the denial, or leave the us and be banned for 10 years.
Click to expand...



wrong.
 
Lisa011 said:
Hello
I came to the U.S when i was 12 from germany on a vwp and have stayed here ever since i'm 21 years old now married to a U.S citizen, I have all the papers filled out ready to send to the USCIS for AOS thru marriage to a us citizen but our attorney has warned us that there has been recent denials in these types of cases Im very terrified and clueless i dont know if i should proceed and go for it or just wait and see if anything changes.
Please let me know if you or someone you know has gone thru this.
I live in Chicago.
Click to expand...


You better cancel your attoney.Do it with your US spouse.You will be fine.
 
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