spurious

Hi, thanks for reading and for any advise you may offer.

I entered the US from the UK last October on the VWP with the intention to stay as a tourist, but ended up meeting someone and became engaged. I am still here, having overstayed for some time. I haven't filed for an AOS on the I-485 yet because she is still legally married and before we can get married, we have to wait for her divorce which should be coming shortly.

My question is... I would like to be able to go back to the UK and not have to worry about re-entry to the US. What do I need to do to allow that to happen? My intended course of action was to wait until the divorce is established, get married and then file for an AOS through the I-485. Is this possible after overstaying this long? What will she need to file (if anything)? What is the procedure for this - apologies if this has (and I bet it has) been discussed before - I did search but nothing answered my specific situation.

Rete

Sorry but you are SOL here. Any overstay of 180 days or more means a ban from re-entry to the US. The exact length of time for the ban depends on the length of time in overstay after 180 days. Even if her divorced where finalized tomorrow, you married and filed for AOS within a week, you still would not be able to leave the US and return even with advance parole from the USCIS. You are either stuck here until you have a green card or you leave and need to file for a waiver of inadmissibility.

Rete

PS What's the twist?

edweena

What is a waiver of inadmissibility?

Rete

It is a waiver which is required if your petition has been denied. It is completed and the USC must show extreme hardship in the foreign fiancee/spouse not being allowed into the US.

spurious

Hi - thanks for your reply. I think I didn't make myself too clear. I don't mean leaving and re-entering the US while the I-485 is being processed. I know I won't be able to do that, even with advance parole. What I wanted to know was the procedure I need to follow to allow an AOS and get myself and my partner set up properly here in the US

Amanda

spurious <member14296@british_expats.com> wrote in message news:<[email protected] om>...
    > > Sorry but you are SOL here. Any overstay of 180 days or more means a
    > > ban from re-entry to the US. The exact length of time for the ban
    > > depends on the length of time in overstay after 180 days. Even if her
    > > divorced where finalized tomorrow, you married and filed for AOS
    > > within a week, you still would not be able to leave the US and return
    > > even with advance parole from the USCIS. You are either stuck here
    > > until you have a green card or you leave and need to file for a waiver
    > > of inadmissibility.
    > >
    > > Rete
    > >
    > > PS What's the twist?
    >
    > Hi - thanks for your reply. I think I didn't make myself too clear. I
    > don't mean leaving and re-entering the US while the I-485 is being
    > processed. I know I won't be able to do that, even with advance parole.
    > What I wanted to know was the procedure I need to follow to allow an AOS
    > and get myself and my partner set up properly here in the US

Well, can you maintain staying on a non0-immigrant visa while your
partner is getting divorce? Otherwise, you will be come out of status
or illegal. Not that it would affect once you are married and file for
GC, that is, as long as you don't get caught while being illegal and
get deported and barred to enter US for 3-10 years depending on your
duration of overstay.

If you want to play it safe, you leave US if you cannot continue to
stay with a non-immigrant visa status or whatever other types are
avialable to you, and then enter with a visit visa if the divorce
would take some time or fiancee visa if you can wait till the dovorce
is done.

spurious

Am I able to enter on a visit visa or fiancee bisa if I've overstayed on the VWP by more then 180, though? I didn't believe so.


"If you want to play it safe, you leave US if you cannot continue to
stay with a non-immigrant visa status or whatever other types are
avialable to you, and then enter with a visit visa if the divorce
would take some time or fiancee visa if you can wait till the dovorce
is done."

Rete

No you cannot ever use the VWP again and if you are 180 days or more in overstay you are banned from the US for 3 years. The length of the ban will increase with the length of your overstay after 180 days.

Rete

spurious

Thanks! But I'm still free to apply for an AOS with the I-485 I believe, in which case the VWP is irrelevent anyway and there is no ban at all when the AOS has been applied.

Rete

Of course you are free to apply for adjustment of status with an I-485 and your wife to file an I-130 in your behalf. If you don't plan on leaving the country for 6 months to maybe 3 years after filing those two petitions, then you should be fine. I don't know if AOS is "applied". I think of it as being granted.

But I warn you not to take the issue of your being granted AOS as a given. They could just as easily deny you adjustment on the grounds of preconceived intent. Why and how so? Simple. You entered the US and never left. You apparently tied up all your loose ends in the your country long before you entered the US and that clearly shows that you had no intention of leaving. It is considered fraud and grounds for denial.

Never ever assume you are in the clear ... because don't need concrete proof but suspicion.

Rete

Amanda

Rete <[email protected]> wrote in message news:<[email protected] om>...
    > > Am I able to enter on a visit visa or fiancee bisa if I've overstayed
    > > on the VWP by more then 180, though? I didn't believe so.
    > >
    > >
    > > "If you want to play it safe, you leave US if you cannot continue to
    > > stay with a non-immigrant visa status or whatever other types are
    > > avialable to you, and then enter with a visit visa if the divorce
    > > would take some time or fiancee visa if you can wait till the dovorce
    > > is done."
    >
    > No you cannot ever use the VWP again and if you are 180 days or more in
    > overstay you are banned from the US for 3 years. The length of the ban
    > will increase with the length of your overstay after 180 days.
    >
    > Rete


I guess he can't get visit visa either until after 3 yer ban because
he has overstayed. It seems like he is stuck.

He won't even be able to get advanced parole that would allow him to
travel to UK when he can file for AOS because he will be out of status
at time of AOS.

flower6

Here is your answer and I'm not sure on this part but I beleive you have to be married to get through this but this is what you have to do. The USC will have to file a I-130 and I-129 on your behalf. You will have a interview for the I-129/k-1 or k-3 visa in your home country at which time you will be denied for your overstay. You will then have to file a I-601 waiver of ineligibility under section 212 of the immigration and nationality act in which the USC will have to show in a letter her hardship if you are not allowed to join her in the USA. Depending on the country you are from can take 2weeks to 6mos. to be approved. If approved you will get your visa and can return to the USA and if your I-130 is approved will receive PR in the USA. This is the only way round your overstay. Been there done that. The hardship relies on the USC only. Such hardships as her health, family, her children if any, ill parents, anything that strongly connects her to the USA and would be devastating for her to leave or keep her from leaving the USA and not be able to live with you in the UK. She also has to show reasons why she can't live in the UK with you. A harder thing to prove since the UK is not a third world country, but my husband is from UK and I used the fact that UK job situation isnt good and NHS isn't all that great either.The UK is taking 4 to 8 weeks to process I-601's at this time and has a high approval rate. immigrate2us.net has a section on I-601 and can be very helpful to you. Lots of people in the same boat as you. Good luck and hope this is helpful to you.

spurious

Thanks for the reply, much appreciated - this is much more complicated then a simple I-130 & I-485 application as I thought... so it's not possible for me to do that? Your reply seems to suggest I have to return to the UK and apply for all this there - is that essential? Finally, what does 'USC' stand for? (sorry - I'll kick myself when you tell me, I'm sure).

flower6

USC-united states citizen

With your overstay you are under the 3yrs.ban. If you had entered on the VWP and got married in your 3mos you were allowed to stay you could have done it but now your 8mos overstayed and if she filed for you now they will find out your overstayed and they will deport you and you will have a even bigger mess. If you go home now and then she files for k-1 if not married,k-3 if married and the I-130 then when you go to london for your k-visa interview you will be denied under section212 of the immigration and nationality act and if your prepared you can file the I-601 the same day.The fact that you left on your own will help you. Its only a 2 to 8weeks set back having to file the I-601. I know its a pain and I know you don't want to go home, but its really the only option open to you outside of staying there illegally forever with one eye over your shoulder. Come to www.immigrate2us.net and go to the I-601 forum and we can all help you and support you in anyway we can.

ihateemo

Kind of OT, but the NHS is superior to the US' health care system. And when I left the UK, the job market was fine. I can't believe they fell for that one.