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  • Consequences of overstaying

    Hi all!

    I've been registered with this board for a while, and asked a few questions in the past. But now I'm ready to file the AOS.

    Back in early 2000, I met my now-wife (a USC) on the internet. I am from London, England. 7 months later, I flew to Las Vegas to meet her. I came in on an I-94. In October of 2000, we were married. My I-94 expired in November of that year. Because of financial reasons, and trying to bring up 3 kids on a low income, we haven't been able to file any sort of paperwork to get me legal. So, I guess I am 'out of status'. Not only that, but my British 10 year passport expired in October of 2003.

    We are planning on filing the I-130, I-485 pkt and I-131 in the next couple of months, since our biggest problem in the past has been trying to find a sponsor. We need to know how the CIS would look at the fact that we've been married over 4 years and I'm still not in any kind of legal status. Would my application be denied? Would there be a penalty fee? Is it worth it to go ahead and use a lawyer, or can we do the paperwork ourselves?

    We are both worried about deportation, and as much as we couldn't be without each other physically, do we have to think about me renewing my passport and returning to the UK and file applications from there. And would I face the same problems over in London, with the CIS looking at my overstay here with raised eyebrows?

    Thanks for any replies.


    Gaz.

  • #2
    Hi all!

    I've been registered with this board for a while, and asked a few questions in the past. But now I'm ready to file the AOS.

    Back in early 2000, I met my now-wife (a USC) on the internet. I am from London, England. 7 months later, I flew to Las Vegas to meet her. I came in on an I-94. In October of 2000, we were married. My I-94 expired in November of that year. Because of financial reasons, and trying to bring up 3 kids on a low income, we haven't been able to file any sort of paperwork to get me legal. So, I guess I am 'out of status'. Not only that, but my British 10 year passport expired in October of 2003.

    We are planning on filing the I-130, I-485 pkt and I-131 in the next couple of months, since our biggest problem in the past has been trying to find a sponsor. We need to know how the CIS would look at the fact that we've been married over 4 years and I'm still not in any kind of legal status. Would my application be denied? Would there be a penalty fee? Is it worth it to go ahead and use a lawyer, or can we do the paperwork ourselves?

    We are both worried about deportation, and as much as we couldn't be without each other physically, do we have to think about me renewing my passport and returning to the UK and file applications from there. And would I face the same problems over in London, with the CIS looking at my overstay here with raised eyebrows?

    Thanks for any replies.


    Gaz.

    Comment


    • #3
      Hi Gaz,

      please do not worry; even if you didn't file after getting married (although you should have, broke or not, you might have been able to get a fee waiver)you can do so now. Thank God you entered legally, and you don't have to return to England to apply from there. Basically the waiver will be approved (for overstaying) as it is with most or all other cases, and you will be able to adjust status. Look on the bright side. You will get your Permanent green card from the first interview, as oppossed to the CPR, with barriers to remove later. So, go ahead, file, if you need help and don't have much money, look up legal aid societies; they do it for free, or for very little. As a matter of fact, I know of a good one that helped my friend. It's NYANA, Legal Services and Citizenship Project. 212-425-5051; 17 Battery Place, NYC; I certainly hope you're in NY. I would feel quite foolish giving you this info and you not being able to use it.
      Good luck with all!
      Julie

      Comment


      • #4
        ****, I guess u still live in Las Vegas?
        Julie

        Comment


        • #5
          Thanks for your replies Julie! Actually we are now living in Texas. Have you heard anything about this new Pilot Program Dallas is doing? Authorizing I-485s in about 90 days.

          Comment


          • #6
            1. Don't bother filing the I-131; as a VWP overstay, you can not use advance parole.
            2. Find a cosponsor for the affidavit of support if you do not meet the income requirements. Otherwise, your adjustment will be denied, and you will be put in removal.
            3. Unless there is something else in your background you did not disclose, you don't need a lawyer. AOS via marriage to a USC is easy as cake.

            Comment

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