KemahPaul

Good morning everyone,

I am a UK citizen and have been living in the US since 2008. Overstay since March 2009.
Was married to a USC up until i divorced her last month.
No paperwork has ever been filed to Immigration here(she was not what she purported to be) and i was not prepared to lie to the authority's and just use the marriage as an excuse hence the divorce.

I have no felony convictions i did have 1 misdemeanor which was brought by her 2 years ago but subsequently dismissed by judge on 29th Dec 2011 (in the interests of justice).

I have a friend who is willing to do pretty much whatever it takes ie: attorneys and affidavit of support etc...my question i guess is it too little too late and should go in hands up and hope for the best??

Thank you.

fatbrit

It's not so much you put your hands up but rather just buy a ticket and leave. You'll have a 10-year ban from entering the US starting the day you leave.

KemahPaul

I thought the focus was on threats to national security and public safety now?

I did read that if here longer than 2 years with no convictions they were not too interested in pursuing deportation proceedings?

fatbrit

But beyond marriage to a USC and successful AOS, there's no real hope for you.

KemahPaul

I have actually been living alone for the past year and my fiancee and i have considered marriage,however we thought that would look suspicious to the relevant authority's given that i had to wait until last month for divorce to finalise.

Your comments are appreciated fatbrit

fatbrit

Presume you entered on a VWP. It's especially dicey adjusting from this, even more so outside the validity period of the I-94W. You need a professional and a prayer.

www.ailalawyer.com

KemahPaul

You are indeed correct i did enter on VWP.. i did know this was a kinda mission impossible thing ,however it never hurts to ask..

Thankyou

S Folinsky

What do the two different lawyers you had consultations with have to say? [Yes, this is a rhetorical question].

BTW, it is considered an adverse factor getting married before you are legally able to get married.

Scouse Express

Have you ever seen "Border Wars?"

"ICE" is interested in removing all "Illegals" which is precisely what you are. You should have filed the appropiate papers when you married the USC, and you wouldn't find yourself in the predicament you are in now.

Immigration Laws apply to everyone, you can't just hope they will make an exception in your case, because that is not likely to happen.


Jim.

KemahPaul

Yes sir and now i am legally able to i believe or so the County court informed me upon asking.

One has told me it possible though not without risk,the second i am awaiting a reply.

While at a local port here two weeks ago i ask some border patrol the same hypothetical questions and they said "never can tell"

crg

If you entered on the visa waiver, there likely won't be actual deportation proceedings. Such people are often just ordered removed by the immigration agent on the spot, barred for 10 years, and then locked up for about of month or so before being flown back to their home country. Visa Waiver travelers waive some of the rights to see an immigration judge.

KemahPaul

Yes that is my understanding too..i guess i will just keep paying taxes until i can figure out the best way to approach this..

scrubbedexpat099

If your friend is of the opposite gender, problem solved.

KemahPaul

She is indeed Boiler not just friend maybe i used the wrong words in the beginning

Michael

Your case is similar to a poster on BE called country_canuck who married and did not file the correct paperwork, divorced, and then remarried and filed for adjustment of status. For the past several years he has been in legal limbo before immigration judges trying to get his case resolved. Search for his posts to see what he is going through.

Also if you live in the 9th district (California, etc.), move before you try to adjust status after marriage since the 9th district is not too happy about people adjusting status after an overstay.