How can I get Green card with overstayed tourist visa (ESTA)? (marry, visitor)

[Threestep]

Originally Posted by Djuna

Try reading the original post then.

Do you know why she overstayed? I do not.
On a different site we had a similar situation. Similar post and similar reactions.
Sporadic posts, little to no information. A local forum member got police and shelter plus embassy involved to get an undernurished bruised scared female who spoke very little English out of a horror situation. She had trusted a charming US male.

[matyoka]

Originally Posted by Penguin_ie

You will need a waiver to get a visa. Ie at your visa interview, you will be denied, and then you hand in a waiver, showing it would be a substantial hardship for your US citizen wive not to have you with her in the USA/ for her to have to move abroad. The alternative is to wait out the ban, which is ten years, in your home country or another country together.

Not necessarily. He can circumvent and play the system through marriage just like thousands of others do. If he leaves the country he is plain simple screwed... Before he needs any waivers he has to be refused entry into the US. A visa waiver refusal is a BIG deal for us(CBP); the OP will need a B1/B2 to return and most likely he will be denied at the US Embassy in GB.

OP, I hope this helped.

[TheViking85]

OP, Do not leave the US, that will result in a ban for 10 years since you overstayed. Apply for a marriage based greencard, which should allow you to stay in the US when it's being processed, if it's approved the overstay should be waived, at least that's how I understand it works.

There's a lot of information on similar cases online at VisaJourney and USCIS is a valuable asset.

[Zen Dragonfly]

Are you already married to US citizen?
If yes, read what matyoka and TheViking85 said, they are right.
Do not leave.
Just file necessary paperwork.
USCIS - Spouse
Be prepared for some unpleasant conversations at the USCIS office, but they will let you stay.

[malamute]

Originally Posted by Threestep

Do you know why she overstayed? I do not.
On a different site we had a similar situation. Similar post and similar reactions.
Sporadic posts, little to no information. A local forum member got police and shelter plus embassy involved to get an undernurished bruised scared female who spoke very little English out of a horror situation. She had trusted a charming US male.

No respect for the laws of this country and if that woman got burned by a US boyfriend, why on earth would she want to remain in this country rather than return home? Could it be all the government handouts she was sure to get by staying here?

We have plenty of good immigrant candidates, why are we so intent on bringing iin losers who won't respect the laws and are incapable of earning their own living?

[Zen Dragonfly]

Originally Posted by malamute

No respect for the laws of this country and if that woman got burned by a US boyfriend, why on earth would she want to remain in this country rather than return home? Could it be all the government handouts she was sure to get by staying here?

Or could it be that she speaks limited English, doesn't have the money to buy a ticket to return home, doesn't have any friends to ask for help (because her psycho bf isolated her) and her boyfriend keeps her passport?
It is easy to judge and assume that every immigrant is dishonest.
I believe that if there were statistics available to show how many immigrants vs. US born citizens are receiving "handouts", the myth of immigrants ripping off our country would vanish.
Try and see a bigger picture instead of pointing fingers.

[jons_wifey]

Originally Posted by GB24

How can I get Green card through marriage if I already 2 Years overstayed in USA with a (ESTA)travel visa?
What is the process?
Is it possible to get it?
Please Help!

How long were you married BEFORE coming to the US on the ESTA?

Why did you overstay your ESTA?

I think you just incurred yourself a 10 year ban - congratulations!!!!

Definitely seek an attorney

[STT Resident]

The OP hasn't returned to the thread since the first and only post so I don't suppose the details of this story will ever be divulged!

[tigerclaws]

Originally Posted by GB24

How can I get Green card through marriage if I already 2 Years overstayed in USA with a (ESTA)travel visa?
What is the process?
Is it possible to get it?
Please Help!

If your spouse files for Green card (via marriage) you will get green card irrespective of whether you overstayed or not. Just make sure you are in the US when you are applying.

Search google for immigration forums for more info. on this matter.

[fred_saucedo]

Hi, I'm in a very similar situation. My mom remarried almost 11 years ago to a U.S. citizen here in the states. He convinced her, along with me since I was only 6, to come and live with him in California. We filed the paperwork, or so I thought at the time, but I came to realize my mother and I only had B1/B2 visitor visas. I have repedeatly asked my stepdad to file for me, since he legally married my mom, but he refuses. They stopped renewing the visas, and I know have been overstaying my visa for 2 years! I recently turned 18 and I urge my stepdad to file, but he still refuses to! He says that it is unnecassary and even if it was, he just wont do it. Is there anything I can do?

Oh and my biological father also lives here in the U.S. but he is only a Legal Permanent Resident, and from what I understand if he files for me, there is a waiting period, and I must return to my home country, but I could run the risk of having a ten year ban. What can I do?