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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11008
Experience:  Write FOR JAMES to get my help!
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I entered the US on the visa waiver program in 2010. I

Customer Question

Hello, I entered the US on the visa waiver program in 2010. I overstayed my visa and have been here ever since. I married my US citizen husband over a year ago and we had a child together 6 months ago. What can I do to start the green card process?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

How long after entering the US did you get married?

In what state do you live?

Customer: replied 1 year ago.
We got married 5 years after, and live in SC
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: To start he AOS process, your and your husband need to file form I-130 and I-485 at the same time, to the same address, with all supporting evidence. You can find a list of this stuff at the following link (copy and paste it in a new window): http://www.visajourney.com/content/i130guide2

Now before you go there, you need to be very aware of something important. When a VWP traveler comes to the US and then decides to get married and start the process WITHIN THE INITIAL 90 DAYS, it is rarely a problem if they can show they did not enter with immigrant intent.

In your case, there is a big issue here that you need to be very aware of. Because your 90 days has expired already, there is a risk that your cae would be denied and you would be put inremoval proceedings. This did not used to be an issue, but in recent years, some areas of the country are using their discretion to deny adjustment for those who are out of VWP status.

In the 9th district, for instance (California, etc.), the courts have interpreted the statute to say no adjustment is allowed if the VWP status is expired. But in other districts, they are allowing it under most, if not all cases. And yet in others, you have to show there is a good reason why you overstayed and could not file within 90 days.

What I am trying to get at is, this is a very complicated issue. And there is a risk because different immigration offices treat these types of cases differently. This is evolving area of immigration law, and discretion is given to the office where your case is being adjudicated. So in general, when you apply, you have to be prepared for the chance that it is denied and you are put in removal proceedings.

The best advice I can give you is to meet with an attorney in your area who knows how the USCIS office that has jurisdiction over your case usually adjudicates these cases.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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