trillium13

Hey all...

Back when we did our AOS (got GC May '09) there was talk about some changes coming for VWP applicants who had overstayed. I spend some time at another immigration board and there is much talk there on this subject, i.e. a lot of people in this situation are being denied recently.

Anyone here had any experience with this? I'm glad we dodged that bullet with our AOS-but I am a little worried about when ROC time comes. Will the past AOS circumstances come back to haunt us, or does it not matter at that point?

Thanks guys!

ian-mstm

Being denied after a VWP overstay is always the risk you take when trying to adjust status. Despite the jabber on other sites, I've not heard of any dramatic increase in denials as a result of a VWP overstay. Perhaps people are just being more vocal about it.


You're a PR now. If it was going to be an issue, it would have been an issue prior to your adjustment.

Ian

Rete

We had a few reports of denial at the beginning of the year but then nothing. As long as the I-485/I-130 were applied for before the expiration date of the I-94, those people are presumed safe from denial on that issue.

Rather doubt that it will be an issue at the time of removal of conditions.

mojofilter

I've met a guy who's overstated his VWP, got married to his American girlfriend and they've just had their first child ...... They've still not filed for anything and I keep on telling him that he could be in for a "world of pain" but he seems to think that they'll just get everything sorted out without too many problems ...

I've tried to point him in the right direction but he doesn't want to take any advice from me, even though I've just gone through the immigration process ......

In the words of "Shaun of the Dead": "What a prick"

Malashaan

The sad thing for us "by the book" people is that he'll probably be ok, especially with a kid there. I know a few different people who've just gone in on the VWP and got married and then applied for an AOS and they all got away with a mild wrist slapping and told they could stay. They seem to have had far less stress and complication than I have with the K1 process. Personally I couldn't have dealt with the worry of knowing they could decide to deport me though.

ian-mstm

Then let him be. He's probably one of the many who believe that marriage to a USC rights all things! You can lead a horse to water... It's his problem, let him deal with it (or not deal with it) as the case may be. Ignorance can be cured... but stupidity is forever!

Ian

Malashaan

Thank you for the new forum sig ;-)

Wolfy

I find your views and comments very refreshing and insightful

meauxna

I don't ever understand why people are so reluctant to get their status right, especially when they have the golden ticket/USC spouse. An EWI woman is a friend of a friend and simply has NO interest, even though her USC bf (and father of her USC children) would love to marry her and get her paperwork sorted.

You could show your friend this thread: Overstayed on VWP by 6 Years...
and see how he likes the idea of being separated from his child for 10+ years. But he'll probably just call you names.

mojofilter

It drives me crazy because when I first met him he was still covered by the VWP and I honestly thought that he'd "do the right thing" ...... But I was wrong, I just feel sorry for his new child and the two other kids that are now calling him daddy.

trillium13

I think a lot of people are still of the crazy belief that you're automatically ok just by virtue of being married to a USC. I know for a fact that this belief is widespread among those with no real immigration experience. Sure you can try to tell them, but what do you know?

Malashaan

I huge number of the USCs I've met since I've been going over to visit my fiancée have no idea that's for sure. When they hear about all the stuff we're going through so many people have said "why don't you just get married and then you'll be a citizen?" - If only it were that simple lol.