Working Permission

IdontRemember

New Member
Hi folks,

my fiancee and I have a little question.

I entered the US as an Austrian with a Visa Waiver. Met a girl and overstayed. Since then 2 years have passed. I proposed recently and it seems like we'll stay here.

The issue: she's an American citizen but student and does not qualify to be a sponsor financially. Our idea was actually that I go to work and finance us.

As far as I understand we need a sponsor (or joint-sponsor) in order to apply for an adjustment of status to get a green card.

So I thought about another solution: Getting a working permission and a social security and earn the money to sponsor.

My question: Can I marry her and get a social security number/working permission without a sponsor hence before applying for the green card?

My second question: Can anyone give me a quick summary of steps that are ahead of us?

Thank's to ya all!
 
Last edited by a moderator:
I entered the US as an Austrian with a Visa Waiver. Met a girl and overstayed. Since then 2 years have passed. I proposed recently and it seems like we'll stay here.

You probably won't be able to stay even if you married her, because overstaying the visa waiver will probably result in being denied adjustment of status.
 
Jack,

That is what I thought however it appears that is no longer the case. See the link below:

http://www.cavanaughlegal.com/adjus...ent-of-status-on-the-visa-waiver-program-vwp/

Denial is no longer near-automatic, but approval isn't smooth and easy either. From the same article:
WARNING: USCIS in San Diego will still only approve VWP overstay cases where the applicant can show a “good reason” for overstaying the visa.

And it's also possible that the OP has a removal order outstanding and doesn't know it, and if that is true there will be a definite denial.
 
Top