elliot

Hi everybody,
I'm new here and was very happy to find this support group!!!!
I want to marry my boyfriend (A U.S citizen) but came here visaless and overstayed. What are the implications of this? I'm still here and don't want to leave! What should I do?? Is it true that he has to be able to financially support me?? If we get married how soon afterwards can I start working. I have a friend who will hire me in a bar, but not sponsor me or anything like that.

Thanks in advancex

leebarton

You don't say what type of visa you entered on (VWP maybe?) or what country you are from. Depending on how long the overstay is there may or may not already be a ban invoked if you leave.

and yes he has to be able to financially support you or get co-sponsors who can.

On the work front, it really depends what paperwork route you have to go, and which state you are in as to how long it is before you can work.

I would recommend you contact an immigration lawyer and discuss your options as entering with the intent to marry without the correct visa is a grey area (aka the ten foot bargepole) and depending what you weer asked/answered on entry you may have already committed visa fraud.

Hypertweeky

+

How long have you overstayed for??, Where are you from?, Did you come under the VWP?
If the lenght of your overstay is more than 180 days.. I woulnt leave the country otherwise you will be ban for 5-10 years.
Yeah he has to prove he can support you because you wont be able to work until you get your EAD card.
did you plan to marry him before you came here to visit?.
This subject has been discussed before I suggest you to read the following link:
http://britishexpats.com/forum/showt...+under+the+VWP

If you could give us some more info it would be easier to advice you

elliot

I'm from the uk and entered on tourist visa - ie three months allowed without visa. I overstayed 2 years! Don't plan to leave - what happens if I marry him here now?? What if I can prove I can financially support myself. I basically came on vacation. So I wasn't asked any questions. Thanks so much for taking the time to answer this Lee.

aussieinor

Lee,

You can get a lot of great advice from people on here just like I'm giving. Every situation can be looked at differently and I'm sure everyone will agree, get a good immigration attorney as we have opinion and some fact but cant guarantee anything.

Honestly, good luck with your marriage and obtaining your status. An immigration attorney is your best option. I believe!

Aus.

DCMark

Have you worked at all since entering the US? If so, under what circumstances?

No matter what, do not leave the US for any reason. You will trigger a ban if you do.

CharlieS

You will get lots of support and advice on here but the fact you overstayed should suggest that your first action would be to consult an Immigration Attorney who can look at the facts and give you advice on the best course of action for your specific situation.

Good luck and I hope it turns out well.

Hypertweeky

True.. I only overstayed for 140 days but we decided to hire a lawyer to help us thru the incoming problems

elliot

Thank you again guys, you're making a time of much uncertainty, fear and confusion feel like it's being handled with some friends! Yes, I will consult an immigration lawyer. How does one find a good one? I'm sorry to ask such basic questions. Also I'm always a little afraid of posting info about when I've worked etc on the net. I was never like "screw the system" it just all kind of happened this way. And I found happiness in New York in so many ways and didn't ever set out intending to jeopardize my future.

thanks again guys!

DCMark

Elliot, please answer my question. Have you worked in the US? If so, what papers did you use. This makes a big difference in overstay issues.

elliot

Yes, I have but not legally. Not using a visa period. For friends companies' etc, or under the table in bars

CharlieS

The only time i have been under the table in a bar, i was incapable of working .

As for where to find an immigration attorney, Im sure your local phone directory has 1 or 2 pages with listings. Just look for those that specify immigration practice and then talk to a few of them. You will usually get a feel for one that knows their stuff and could best help you.

Rete

Why is that question/answer sufficient?

According to the Immigration Attorney who has a column in the New York Daily News on Thursday, working in the US without permission means nothing. It should not interfere with adjusting status and if you are using a fraudulent SS #, according to him, all you need to do when you get a legal one is contact the SSA and have your earnings under the fraudulent one transferred to the legal one. Reading his column is very enlightening in many ways.

BTW if you can't afford an attorney to walk you through the entire process, at least pay for a consulation with a good immigration attorney. Find out first hand what is in your past that might well come up and bite you in the arse.

Rete

DCMark

Rete, if you are being serious I had no idea that was NOT an important issue. I was under the impression that working with false documents was quite serious.

elliot

Rete, I can't believe that either - I mean it's crazy, but I did once hear that you literally have to be caught red-handed in the place of work. And they even let you transfer those earnings!? Is it because once you're accepted into the system that becomes your current "status" of legality and all decisions are based on that, not your past? I will definitely check out the column - thanks so much! And thanks Charles, I guess I just wasn't sure how to analyse who was legitimate. And also HyperT thanks for the ref. to the other thread. And to answer your question, I met him while I was here and had a job, life, everything in Scotland and did not plan on meeting anyone, so I really did come here for a vacation. Please ask me any other questions, because I'm not sure exactly what info would help. Thanks so much