Marriage

Hi Everyone,
I am a UK Citizen who entered the US on a legal three month visa, but unfortunatly I am almost a year and a half over my time now. As you can imagine in that time I have got to know a lot of great people and made some wonderful friends, including a girl who I think the world of. Although I desperatly miss Scotland, I have reached the stage where I know I have to do something about my situation soon. In my time here its no exagerration to say I have fallen in love with the USA, my gran was born in New Jersey and as I arrived pre 9/11 all the stuff that followed has only made the bond tighter for me. So the question is what to do??? I have agreat boss/friend who pays me under the table at the moment but this is not ideal for anyone as I am afraid for him when he has to account for everything at the end of the year, he is desperate to sponser me but I know its not that easy, its not like I am competing in a specialist field here. The question of marriage has also came up but I am reluctant to go down that road for these reasons alone.
I am also a little bit scared to go home right now because of the tightened security surrounding the post 9/11 situation, in case I cannot come back again.......

I can understand completely why people born on this land, and those who have fought long and hard to become legal citizens, find people like me hard to come to terms with, and I know illegal immigration in the US especially California, where I am, is a major problem for the country and its people. I would probably feel the same. In my defence I never entered the US thinking two years down the road that I would still not have returned to Scotland to see my family, but thats what slowly evolved. Being illegal is not fun, I don't like it, and don't feel like I belong here yet........Anyway, I guess what I am saying is that my money for a one way home is already safe but before that happens I would appreciate any advice regarding anything I could do to help myself here for the future...

Hi Everyone,
I am a UK Citizen who entered the US on a legal three month visa, but unfortunatly I am almost a year and a half over my time now. As you can imagine in that time I have got to know a lot of great people and made some wonderful friends, including a girl who I think the world of. Although I desperatly miss Scotland, I have reached the stage where I know I have to do something about my situation soon. In my time here its no exagerration to say I have fallen in love with the USA, my gran was born in New Jersey and as I arrived pre 9/11 all the stuff that followed has only made the bond tighter for me. So the question is what to do??? I have agreat boss/friend who pays me under the table at the moment but this is not ideal for anyone as I am afraid for him when he has to account for everything at the end of the year, he is desperate to sponser me but I know its not that easy, its not like I am competing in a specialist field here. The question of marriage has also came up but I am reluctant to go down that road for these reasons alone.
I am also a little bit scared to go home right now because of the tightened security surrounding the post 9/11 situation, in case I cannot come back again.......

I can understand completely why people born on this land, and those who have fought long and hard to become legal citizens, find people like me hard to come to terms with, and I know illegal immigration in the US especially California, where I am, is a major problem for the country and its people. I would probably feel the same. In my defence I never entered the US thinking two years down the road that I would still not have returned to Scotland to see my family, but thats what slowly evolved. Being illegal is not fun, I don't like it, and don't feel like I belong here yet........Anyway, I guess what I am saying is that my money for a one way home is already safe but before that happens I would appreciate any advice regarding anything I could do to help myself here for the future...

You said you entered with a valid 90 day visa so I assume you entered under the VWP which doesn't require a visa.

If you do have a vis awhat kind is it?



http://www.immigrate2us.net

It was the regular 90 day visa, in fact I'm not even sure if it is classed as a visa, as its under the visa waiver scheme......I90 I think..

You entered under the VWP which means that you cannot change status nor extend you stay.

The only option you have to legalize your status is marriage as your overstay will be pardonned.

Adjustement through employement is not an option for you.

But be aware, when you get married and your AOS is denied you will be deported as you waived any appeal to any decision made by BCIS.



http://www.immigrate2us.net

First

Thanks for your replies

Second, AOS, I'm not sure what that is, are you saying there is no point trying because I gave up certain rights with the VWP???

AOS stands for Adjustement Of Status which is the forms you have to file to have your status legalized after you get married.
What I am saying is that when you get married and you file the AOS package and BCIS denies your case you will be deported and you cannot appeal the decision as you signed a piece of paper stating that you waive these rights.

If you would have gotten a regular visa and you were denied you could appeal the decision.

When you are ordered deported you will have a hard time getting back even if you are married to a USC.



http://www.immigrate2us.net

Ok Thanks
Sounds like there is nothing much I can do..

No, not many options. Marriage would cure the overstay but that should not be the sole reason.

Leaving the US will trigger a 10 year ban so you will not be allowed to return.

WELL, if you love this country so much (I do not) just get your girlfriend to marry you...

foriegn citizen who entered legally and later fell out of status will still be able to adjust on the basis of marriage to a u.s. citizen. After you got married file your adjustment of status in the BCIS.

actually didn't you say your "gran" was born here? Doesn't that make her a USC by birth? If so, one of your parents may be able to claim citizenship, and if they are able to claim citizenship maybe you can also claim citizenship. This may not be possible if your parents were not considered citizens at your birth... but it might be worth examining.