Overstay

[Jake01]

Hi all, hope someone can help me, Im a first timer here, Well my problem is that I over stayed my tourist visa.

I came over to the US in August 04, on a tourist waiver visa, for a 2 month holiday to stay with boyfriend, (he had previously been to the UK with me for 6 months) anyway as the time got nearer to departure from US, we got a flea in our bonnet and got married. I have been here ever since, We have just filed all my paperwork, I 130, I 485, I 864, I765, G325, I 693.

Does anyone know, If I am going to have problems about my overstay.

thank you for anyone who responds.

[Pinkpig]

You can probably adjust status within the US based upon marriage to a USC if you entered legally and have not left the country and have not had any other problems with police or immigration.

Have a read here:

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=FA67B5C82517D8E75383C44364ECF 97F?contentid=Z4RZmj62Bje6E0mtMENZUCkL

[Jake01]

Thank you Pink pig, it has put my mind at ease a little, and the link you left was well worth the read, I did enter the US legally and was inspected, anyway, Chicago has all my paperwork now, and I dont think I have left a stone unturned as I sent copies of as much documentation as possible.

Again thank you for your instant reply.

[Pinkpig]

You are welcome. It sounds like you are on your way. Good Luck!!

[USnoiva]

I sounds like smooth sailing for you. I at least hope so. It was smooth sailing for us too! If you don't leave US you should be fine.
You can check out our timeline too.

[Jake01]

Thanks for your input, and your guide to the timeline, at least I now know what to expect, I feel at little more easy about everything. thank you again.:bounce:

[aussiewench]

I concur with what has already been said.

If you entered the US legally and are otherwise eligible you can adjust status through marriage to a US citizen. Much is forgiven.

Have a read of Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddd6e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Excerpt.....

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

[Jake01]

Thank you for you reply, I have been reading all the links and have found it good advise, I did enter the us legally, was inspected at the airport, I just overstayed my 90 days, by nearly 3 years!!! thats what was worrying me.

Since I have been here, I have not been in any trouble with the police, I have not done anything illegal (apart from overstayed) I do not have a criminal record in my own Country, being the UK.

I will now just have to wait and see.... all the forms have been posted to Chicago, and I have received my Certified mail card back, so they have them, now it's just the waiting game......:cool:

thank you all so much for you advise and help.

[Jake01]

I am Sorry to be a pain, but I have another question, I have been looking through other postings on other forums, and they say it could be a problem if you came to the USA got Married to USC, on a Tourist visa, you have to prove that your intentions at the time of entering was not to stay, how does one prove that, at the time I entered we hadnt planned to get married, but I just dont know how to prove it.

Any advise appreciated.:bounce:

[VENZwife]

Typically they only start asking for evidence like that if there was a suspicion that visa fraud had occurred. From what you have told us happened, you probably will not have any problems at all. But, it all depends on the officer at the interview. Sometimes they use the 30/60 day rule to determine if it is suspicious. (See Below)

If an alien violates his or her nonimmigrant status by adjusting status or
by seeking unauthorized employment within 30 days of entry, the
officer may presume that the applicant misrepresented his or her intention
in seeking a visa or entry and require additional evidence.

If an alien initiates such violation of status more than 30 days but less
than 60 days after entry into the United States, no presumption of
misrepresentation arises. However, if the facts in the case give the
officer reasonable belief that the alien misrepresented his or
her intent, then the officer must give the alien the opportunity
to present countervailing evidence. If the officer does not find such
evidence to be persuasive, then the officer must submit a
comprehensive report to the Department for the rendering of an
advisory opinion.

When violative conduct occurs more than 60 days after entry into the
United States, the Department does not consider such conduct to constitute
a basis for an INA 212(a)(6)(C)(i) ineligibility.

If the officer does think your marriage is suspicious and wants further evidence, there is alot that you can submit to help, if you have it. Return plane tickets showing your intent to return home; a job, bank accounts, apartments with active utilities or property that you left in your home country and were planning on returning back to; active cell phone accounts, or other such subscription services that are/were still active showing your intent to return and keep using them; letters, emails, etc, discussing your trip to visit and intent to return home. All of these are great evidence.

You have the best situation because you really didn't plan on staying! Your intent really was to return home. I don't think there will be any suspicion there at all, and I think you will pass the interview just fine.

[Jake01]

Thank you Venzwife, I had been married b4 for 20 years and my X was being very difficult with the divorce proceedings, even tho he was the one that walked out, I had to keep going back to court, this went on for nearly 3 years, so when I entered the US my divorce wasnt even finalised, I now have my divorce papers with me, so I can use those as evidence, anyway thank you for your response it's much appreciated.