toastytoast33

I'm from the UK and married to a US citizen and am currently filing for adjustment of status.

I originally came over with my wife on VWP last December but ended up staying due to custody problems with my wife's daughter, and have now decided to stay.

I have overstayed my 90 days allowed on the VWP and am wondering how this will affect my application.

I keep hearing that overstays of upto 180 days are generally overlooked if you are married to a USC.

How true is this and what problems can I expect to face?

Thanks

Noorah101

Overstays are generally forgiven when you marry a USC. Just don't travel outside the USA until you have your AP in hand.

Rene

toastytoast33

What does "generally forgiven" mean? That would imply that there are sometimes when it is not forgiven. What would cause them not to forgive an overstay?

Also where did the 180 days come from? I have a feeling this is something to do with getting a 3 year ban if you leave but I am not sure. Anyone know?

Noorah101

Evidently if your stay is over 180 days you incur a ban, yes. Less than that, not sure what the punishment is, if any.

We laymen say "generally forgiven" because it IS case specific, and we can't guarantee anything for anyone. There probably are cases where an overstay was an issue, but I don't know of any offhand.

Best Wishes,
Rene

toastytoast33

So if I overstayed 180 days and the left the US I would get a 3 year ban.

But what effect would an overstay of more than 180 days have on the AOS process if I didn't leave the country?

I haven't gone over the 180 days...YET, but am wondering what happens with AOS if I do.

Guest21

Once you have filed the AOS and the application has been excepted then the time clock stops ticking.

You said that you are married already and currently applying does that meen that you have filed or not?

I do not believe that there is a penalty for less then 180days other then you will never be able to apply for a VWP again thats gone forever.

I would suggest that you file ASAP no one can answer your question if they will approve you as each case is different, I have never heard of one being denied but thats not to say that it won't be, especially if you have criminal past in the UK? I am not suggesting for 1 minute that you have its just a general comment.

GOOD LUCK

toastytoast33

I have not filed yet, but am getting ready to.

Guest21

Just file it as soon as possible I know of folk that have filed years later but thats NOT the way to go for piece of mind do it this week, plus you risk the fact if you get stopped by the cops etc you could be removed from the US highly unlikely but it does happen you are out of status in the US at the moment.

I overstayed just under 30 days and was a wreck until I got confo that my case was excepted for filing.

REMEBER DO NOT LEAVE THE US even if you get AP (advance parole) as they will take your money issue you with a pass and then not let you back in.

You are gonna have to wait until that stamp is in your passport before you go booking any flights.

Noorah101

Probably no effect on your AOS. But you will be out of status until you file and get the NOA.

Rene

Guest21

Honey on one of your other threads where you asked about the G325a you said that your wife had already filed the 1-130 ?
I am confused now?

Noorah101

Yep, I asked about that too. I asked when and why...but should also ask where? If they are doing AOS after arriving on some other method, then the I-130, I-485 and all supporting docs should be filed together to the Chicago lockbox, all at once.

If the I-130 has already been filed, they're doing it wrong.

Rene

Noorah101

In fact, I should add that they might want to get the help of an immigration attorney. It seems he is going to have lots of questions on the forms, isn't clear on how to file them all, and is concerned about his overstay.

Good time to see an attorney, IMHO.

Rene

Guest21

Yes I agree and we all know how confusing it can be when we are stressed, it pays sometimes to have your mind put at rest by a professional.

toastytoast33

Just to clarify, I was married in the UK over 3 years ago and did not marry while on VWP.

On a previous visit I applied for AOS. The application for AOS was denied due to a RFE not being dealt with. The I-130 was approved but the I-485 was denied.

The petition was approved and since I have the approval notice I figure I can send a copy of this with the I-485 instead of another I-130.

The I-485 form asks for either a copy of the approval notice or a completed I-130.

toastytoast33

I had a free consulatation with an attorney, but don't have the money right now to hire one. I was going to file all my paperwork and hire an attorney later for the "complicated" stuff.