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  • Never Mind!

    Hello,

    two weeks ago I decided to get married and couldn't fill out my forms in time and my visa ran out.

    Now, what I'd like to know is if I'm in an unusual bad position because I overstayed those weeks and how everything would look to the USCIS.

    I'd highly appreciate any tip or advice. Thank you all in advance. The people at the NCSC don't really know all that much, they said something totally opposite every time we called.

  • #2
    Hello,

    two weeks ago I decided to get married and couldn't fill out my forms in time and my visa ran out.

    Now, what I'd like to know is if I'm in an unusual bad position because I overstayed those weeks and how everything would look to the USCIS.

    I'd highly appreciate any tip or advice. Thank you all in advance. The people at the NCSC don't really know all that much, they said something totally opposite every time we called.

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    • #3
      eye gouger emaul me at paddyflan@yahoo.com I can give you a better insight into what options you now have

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      • #4
        Your options are very limited. Due to the fact that you entered America using the Visa Waiver Program, you are not able to remain in the country and change your status.

        The only way for you to apply for Permanent Residency is to return to your home country, and make an application at the U.S. Consulate. The fact that you have overstayed your authorized period of stay (ninety days), ensures that any future application for immigration benefits will be more troublesome than if you had obeyed the law.

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        • #5
          From reading many many posts, I concluded that it is possible to adjust status based on marriage to USC when one enters on WVP. People from WVP countries are inspected and amitted at POE. SunDevil, am I wrong about it?

          However, people from WVP countries should be aware that they, by entering the US using that program, waive all their rights when it comes to appealing decisions made by USCIS.

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          • #6
            You are right aneri. It is definitely possible to adjust status based on marriage to a USC via the VWP. However you have to keep in mind that in order for you to adjust this way you have to prove to the USCIS that you had no intention of immigrating when you first entered the country. So for example, if you enter the country and a couple days or weeks later you get married, it is highly likely you will have your adjustment of status denied when you reach the green card interview and immediately placed in deportation proceedings. Getting married so soon after entering the country immediately raises flags with the USCIS as they look at that as clear intent to immigrate.
            As crazy as it seems Eye Gouger is in a better position than he realises. You see by letting his VW expire he has reduced the chances of the USCIS denying him on the basis of Intent. Now eventhough he is out-of-status, the USCIS will forgive his illegal presence once they have accepted his application for adjustment of status, PROVIDING that he was inspected by an immigration officer when he first arrived. With this in mind, he needs to keep his original I-94 safe as he will need that to prove that he was inspected.
            Now once the USCIS has accepted his adjustment of status forms, he will become legal again while his case is pending.
            One last thing though, UNDER NO CIRCUMSTANCES WHATSOEVER can he leave the country until his case has been adjudicated and he is approved for permanent residency. If he does leave the country for a visit to the UK, or Canada or Mexico, his illegal presence will show up on the computer screens of the immigration officials and they will deny him re-entry even on an Advanced Parole.

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