Info Request
 

Hi,
Does anybody know in what situations a long overrstay won't be forgiven for AOS purposes after marriage to US Citizen?

Thanks.

Re: Info Request
 

Following the advice of the good people here, and not volunteering more information than was actually asked... the answer is: yes, I know.

Ian

Re: Info Request
 

Could you be a little more specific? ... anything you say can't and won't be used against you... LOL

Re: Info Request
 

Here's why I thought I'd ask: Before we tied the knot, my spouse came to visit on the VWP and remained the full 90 days; caming back at my request after 2 and 1/2 weeks again on the VWP -this time we ended up getting married.
We're concerned these frequent visits (always to the last day allowed) before getting married will be negative when considering forgiving the overstay or even AOS.
I consulted a lawyer in town and he said that "legal entry with inspection" is what we should be concerned about. The lawyer also mentioned that it was a virtual miracle to obtain admission after the previous entry on the VWP.

Any comments will be useful.

Re: Info Request
 

The question maybe.. did he have intent to marry you on the second visit you mention.. i.e. did he sell up, give up work etc... before returning

Re: Info Request
 

In reality it was a spontaneous decision based on unforeseen circumstances that occurred AFTER entry. At the time, we were in a deadlock and didn't know what to do, so we decided to get married and face things as a couple. It sounds stupid now but at the time we didn't know much.

That said and done, does this add a higher degree of difficulty difficulty to AOS?

Re: Info Request
 

I don't believe so, no. Despite the time interval, he was lawfully admitted and even very lengthy overstays are generally forgiven for the spouse of a USC. Good luck to you both.

Ian

Re: Info Request
 

I just found out by visiting the USICS web site (yikes!) that overstays based on marriage to USC are NOT forgiven when the applicant is a K visa holder who didn't marry within the 90 days specified. Also found out that student visa holders are not allowed to adjust status this way. Maybe this is the information I was looking for in the first place.

I also read some posts related to the intentions of getting married and I found out that the issue almost never comes up. The answer your questions is no, nobody quit jobs or had a garage sells before coming. One of the reasons he had to return in the first place before coming again is because he had loads of backed up work to do. He came here again because I kept on asking him to do so, and he only brought a few personal things for he was planning on visiting for a week or so just to make me happy (it was my b-day). We even had a fights over the phone when he asked me if I knew how much the tickets were and how much work he had backed up. :(

Re: Info Request
 

Don't be paralyzed by fear! There is nothing wrong with filing for AOS - and it is the only *absolute* way to know for sure whether his adjustment will be allowed. Deal with the issues if and when there's a problem, but don't suffer endlessly based on what you *think* might happen as opposed to what might actually happen. Reading too much only fuels the imaginary scenarios in your head. File, and then kick back and wait to see what happens.

Ian

Re: Info Request
 

Shoot I well aware of that! I got a recent problem with our cell phone and I started imagining things (i.e. Judge Juddy... LOL), it all got solved after showing up the bill and a quick talk!
I just wanted your opinion on our situation, do you think we're gonna be fine? Is this some extraordinary situation? I'm asking because you folks have lots of years of listening to different cases and their outcome.

Re: Info Request
 

From the information provided in this thread... yes.

Ian

Re: Info Request
 

Whole lotta thanks for your advice and feedback!

Re: Info Request
 

I just got off the phone with the attorney we contacted earlier regarding some questions about the forms and to make sure we file correctly. (I didn't wanna ask such stupid questions here). I also asked about the situation and what was discussed in my postings and he told me not to worry too much about it. He also mentioned that he "thinks" there's a waiver in case "they get too attached to any intend issue", a waiver that gets approved on a regular basis. Is he right? Does this sound familiar? What he heck is he talking about?

Re: Info Request
 

I was in a similar situation. I had visited my boyfriend on the VWP for the full 90 days, returned to the UK, and returned (again on the VWP) a month later, which is when we married.
I have been in the US since last January (2004) and have only just filed the AOS paperwork at my DORA interview in Dallas. The overstay nor the previous stays on the VWP were mentioned.
I haven't been approved yet, but the Immigration Officer didn't seem to see a problem.
Good luck!!! :)

CF

Re: Info Request
 

I was just trying to validate what our attorney said. I mean, I don't wanna stick with him if he doesn't know what he's talking about! He talked about a waiver and how it could apply just in case, he also mentioned it gets approved in a regular basis.

I don't see the need for no waiver, we've done everything following our hearts, no funky business involved.

But thanks for the advice anyways, every bit helps.