betsy

i wonder if anybody could help,i been asked to ask this question in here because somebody may know the answer.
my husband came over 3yrs ago on a 1-94vwp,when it was time for him to go back i just couldnt let him leave so i asked him stay,
after 12mnths we got married and have now been married 2 yrs.
we want to send in all the form`s but we are scared because we have been told he will be deported.
is this true or will we okay.
thank you for your time and answer`s (if any)
betsy (usc)

grioghair

Strictly speaking you are not allowed to adjust your status on an I-94W - but the immigration department overlook this in cases of marriage to a US spouse. There are people on this forum right now who have come to America in exactly the same way and filed for permanent residency. Legally, you are really supposed to get married within 90 days - and file the papers soon afterwards.

I doubt very much whether your husband will be deported - in fact, I am pretty sure that he won't. I myself came in on a VWP, and I have been here five years - and I am still here currently going through immigration...and have visited them many times. (I never got arrested once.)

My advice is to stop worrying...and get your papers filed as soon as possible.

Steve

betsy

steve thank you so much for your reasuring reply,why has it taken so long for you,5yrs is a long time,whats taking so long?
we went down to milwaukee 1 once and enquired what to do before we got married,and after 2 hrs wait the lady behind the screen said just get married you will be okay?.
but we have been to other websites and a lot say he will be deported that is why we have been so worried.
thank you

Steffi

Just wondering...when exactly did you get married? Did you get married within the 90 days of your VW, or did you get married much later like Betsy and her husband?

Folinskyinla

Hi:

Look at the FAQ section and follow it. Based upon what you post, there should be no problem. Don't bother with advance parole -- he can't get it.

BTW, I once had a case where a client overstayed TWELVE YEARS after marriage because she was arfraid to adjust. The only problem that we had in her particular case was that under the law of the country of her nationality, her long absense without touching base with home country had caused her to expatriate and become stateless.

grioghair

It was about 5-6 months later - I came in early December, and got married late May the following year. That was the earliest we could manage it, due to the personal circumstances of my wife.

Why do you ask?

Steve

Steffi

Holy dog doodoo! Imagine belonging to NO country! Haha. I guess she wasn't able to travel anywhere anytime soon, huh?


I was just wondering how your case related to hers in terms of how long you overstayed vs how long she overstayed (or sorry, I guess it's her husband).

Folinskyinla

Hi:

Born of Dutch parents in Belgium. I wonder what the law is now. She was never Belgian becuase they follow jus sanquinis. So did the Netherlands, but since she was born outside of the Netherlands, lengthy times abroad without registering with a Dutch embassy was an expatriating act.