Visa Waiver Overstay Marriage

A

aussiemango

New Member
HI Im new to this but ive been reading and i think i might have my nerves settled with some help.
I was a nanny in the USA from June06-07. I had a J1 Visa and meet all the requirments.
While i was here i meet a man who had been a penapl of mine for about 4 years. We became very close very quick. He asked me to marry him and i said yes.
I left back to my home country Australia and was there for 4 months then came back to the states on the visa waiver program.
We are getting married but a small problem. He is still waiting for his divorce to be finalized.
In 27 days my 90 period on the visa waiver program will be over and i will be here illegal.
If we get married the second his divorce is final ( they are saying in about 60 days) what will be the consequences we will have to pay?
Will i be sent back to Australia and because i overstayed my visa and got married,even though it was not a fiance visa?

Any help would be great!
 
aussiemango said:
HI Im new to this but ive been reading and i think i might have my nerves settled with some help.
I was a nanny in the USA from June06-07. I had a J1 Visa and meet all the requirments.
While i was here i meet a man who had been a penapl of mine for about 4 years. We became very close very quick. He asked me to marry him and i said yes.
I left back to my home country Australia and was there for 4 months then came back to the states on the visa waiver program.
We are getting married but a small problem. He is still waiting for his divorce to be finalized.
In 27 days my 90 period on the visa waiver program will be over and i will be here illegal.
If we get married the second his divorce is final ( they are saying in about 60 days) what will be the consequences we will have to pay?
Will i be sent back to Australia and because i overstayed my visa and got married,even though it was not a fiance visa?

Any help would be great!
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I don't think u can adjust ur status if u came in on visa waiver. U need to go back home asap before u become illegal and then come back on K1 visa.
 
If he is a US citizen you can adjust your status even on VWP. So you don't have to leave. He can also petition to forgive your overstay, but you definitively need a lawyer. It would be safer if you go back to your home country and return on K1/fiance visa as suggested.
 
Yes, you can adjust from VWP after marriage 'providing' that you entered the states with no intention to get married. If you had decided to get married prior to POE then you must return to your home country and follow the appropriate visa application procedures. In your case, if there was marriage intention, then you would need to return home before your VWP expires and apply for a K1 fiance visa.
 
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