Pete H

I came over to US 3 years ago for a vacation with my American girlfriend (now wife). While on vacation my wife had a pregnancy test that was positive. I decided to stay but she lost the baby. Then she got pregnant again, well to cut a long story we now have two children.

I would like to get a green card to be able to work, we have financial difficulties.

Is this possible and if so what would I need to do?

Sue

Hi Pete,

Welcome to BE. Congrats on your little ones.

What visa did you enter the US on, as you say in your post that you "overstayed" your visa?

Noorah101

How did you enter the USA 3 years ago? Was it an actual visa, or was it the VWP?

Rene

mick65

I came to the USA in 2002 on the visa waiver program, married my American wife while i was here and never left. It is possible to get your visa just a little more difficult

Noorah101

You mean "green card". The OP isn't getting a visa. And times have changed a lot since 2002. Depending on how the OP entered the USA, there could be very serious pitfalls associated with adjusting status after an overstay.

Rene

Pete H

Thank you

I came over on a visa waiver.

Pete H

I came on the visa waiver program

Pete H

That what I would like to do, I would like to adjust my status.

Noorah101

You should have a consultation with an immigration attorney who can explain the process, and explain what the consequences could be if your AOS is denied. Lately USCIS is getting very picky about the AOS from VWP process, and you have a very lengthy overstay. It will be worth it to you to have professional input.

Rene

discoviking

And do not under any circumstance leave US soil until you have sorted this situation out. If you do, you will most likely trigger a 10 year ban on re-entry.

Noorah101

In the meantime, read these links, so you'll have an idea of what to talk about with the attorney:

http://britishexpats.com/forum/showthread.php?t=651746
http://britishexpats.com/wiki/Adjustment_of_Status

If you are having financial difficulties, can you afford to file AOS? It's not cheap. Also, your USC spouse's income must qualify for the I-864, or have a joint sponsor. This is often a stumbling block.

Read more about the I-864 here:

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD (including the embedded links to the form and instructions)
http://www.uscis.gov/files/form/i-864p.pdf

Rene

Pete H

Do you know how much is it to file an AOS?

Noorah101

Yes, I do.

You can find out, too, if you go to www.uscis.gov, and look up the fee for I-130 and fee for I-485. There will also be the cost of a full medical. The price of the medical is set by each individual USCIS civil surgeon. You can find the list of civil surgeons on www.uscis.gov, also. You can search by zip code.

Rene

Pete H

I was wandering if I left for a while to work in England to get some well needed money. Would I be able to return to my US family on an "Immigrant Visa"?

christmasoompa

Re-read post no. 10 - if you leave the US at all, chances are you'll be subject to a 10 year ban.