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Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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britishlady
Newly Registered
Posts: 3
Joined: Sat Sep 20, 2008 9:12 pm

hello again

Post by britishlady » Mon Sep 22, 2008 4:05 am

regarding my first post one of the rules for marriage here in the part of the us I am is that I have to have papers which say that I am able to live here also marriage I do have my birth certificate but the problem is because I came under a VWP and have overstayed I am concerned no in fact worried that they may send me back as I said my fiance is disabled he is also a father to two disabled boys the problem is that his divorce was delayed ( he had been separated before I came into his life) and because his divoce was delayed we could not marry within the 90 day period hence the problem I am considering seeing a lawyer but they are expensive or should I contact the immigration people any advice please would be appreciated
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Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: hello again

Post by Marco 72 » Mon Sep 22, 2008 2:47 pm

britishlady wrote:regarding my first post one of the rules for marriage here in the part of the us I am is that I have to have papers which say that I am able to live here also marriage I do have my birth certificate but the problem is because I came under a VWP and have overstayed I am concerned no in fact worried that they may send me back as I said my fiance is disabled he is also a father to two disabled boys the problem is that his divorce was delayed ( he had been separated before I came into his life) and because his divoce was delayed we could not marry within the 90 day period hence the problem I am considering seeing a lawyer but they are expensive or should I contact the immigration people any advice please would be appreciated
As has already been pointed out, if you get married after entering on the VWP you can file for adjustment of status (AOS), provided this was not your intention when you entered the country. In that case overstays and illegal work are "forgiven". A downside is that you can't leave the country until your AOS has been approved. If you do, you will be deemed to have abandoned AOS and may be subject to a ban due to your overstay. The fact that you married after the 90 days is probably not relevant.

On the other hand you may have a problem with the affidavit of support. Your sponsor must earn a minimum income in order to qualify, or have a minimum amount of assets (see here). If not, you will have to find another US citizen or permanent resident who can act as a joint sponsor.
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