overtsayed visa waiver 10yrs married to us citizen

[Lisa011]

I came to the u.s in 2000 on a visa waiver from germany its been 10 yrs now and I havent left the u.s I'm 22 years old married to a U.S citizen
we filled out all the papers for the USICS for adjustment of status thru u.s citizen but right before my attorney was going to send it out he just warned us that there has been cases where visa waiver overstays have been getting denied. I dont know if i should go thru with this or just wait till that part of law changes?
I graduated school here and have a clean record and have been with my spouse 4 years now, I wondering if that would help get my case approved,

Please let me know if you or someone you know is going thru this or has gone thru this.

Thank you!!!

[william_wallace]

I came to the u.s in 2000 on a visa waiver from germany its been 10 yrs now and I havent left the u.s I'm 22 years old married to a U.S citizen
we filled out all the papers for the USICS for adjustment of status thru u.s citizen but right before my attorney was going to send it out he just warned us that there has been cases where visa waiver overstays have been getting denied. I dont know if i should go thru with this or just wait till that part of law changes?
I graduated school here and have a clean record and have been with my spouse 4 years now, I wondering if that would help get my case approved,

Please let me know if you or someone you know is going thru this or has gone thru this.

Thank you!!!

Well from what I can gather, 2 things are in your favour.

1- You arrived in the USA when you were 12 (with parents I presume)

2 -You have been married for 4 years (6 years after you entered)

People who arrive on VWP and marry within a 90 day period can raise red flags due to the USCIS thinking marriage fraud is involved (but not in all cases)

If, the USCIS wanted to deport you, where would they deport you to? You arrived here as a minor, so I would think thats in your favour. Just make sure you has much evidence as possible that your marriage has been intact for the last 4 years. You want evidence eg- Joint bank accounts, affadavit's from family and friends knowing the both of you stating how solid your marriage is, leases in both names, insurance, etc etc.

Good luck. I'm sure someone else will give you more info that I can.

[william_wallace]

By the way, if your AOS you also need to petition the I-130 as you already married.

[bosplaya410]

the only time that your aos will be denied is when you entered the country illegally. although an overstay is illegal, you being married to a us citizen, you are forgiven regardless the type of visa you have. Now if your spouse is not a us citizen then you do have a problem.

[yamit77]

want to go back to usa to my husband

i came to the united stats legally. with a tourist visa. and six moths later i met my husband
is an american we had two kids
and now im back to israel visit my family , and then i found out because i did not do the pappars in the usa and even though im married and a mother of two children i would be called illeagal
and when i left the united states and i did not did the pappars , and now ive got a problem go back to my husband . im stuck here in israel with two small babis and my house is there my husband ther my life is there ... im so sad can do this life without my husband .. so difficult for us the situation and we do not have much money
how to arrange it??????/ please someone help us and fastttt