Adjustment of Status Trouble

[irishnotsure]

Hi
i entered the country almost a year ago on a visa waiver, at the time I had no intention to stay but my now wife said she could not survive another day with me gone. We got married and then started to look into getting me legal.
Firstly i had no paper work with me and had to wait for them to be sent to me. Then we no longer had the money to pay for it.
Now we have contacted a lawyer who has thrown yet another spanner in the works.
He has said that in some parts of the country that if you have not petitioned before the 90 days are up that you can be deported. He has also stated that some areas have different views on this and is waited to hear more.
Now to my question....has anybody heard this? and do you know of anyone who has successfully completed their adjustment recently?
Thank you for your help.

[Dogmatique]

The attorney is very wise to mention that.

Yes, the law has changed - it used to be that marrying a citizen and applying to adjust status after overstaying your VW would generally forgive the overstay (it used to be fairly automatic, actually). Now it's quite different. It's also confusing, because the new changes are almost treating the VW in these situations as a K1 (fiance) visa, which sort of defeats the entire point of the K1.

But that aside, you really need to listen to the attorney. He will know how it's been handled on a local level.

[irishnotsure]

Thank you for the replies.
It is extremely confusing and irritating.
I am hoping the attorney comes back with good news, as my wife is pregnant and is due very soon. It would be very hard for her if I was deported

[Dogmatique]

Understandable.

One of the issues appears to be when the marriage took place - before, or after, the 90 day period expired. Another issue follows that one; if the petitioner did marry within the 90 day period, did the petitioner file the AOS paperwork during that same period?

It's a little up in the air, as you know.

Some articles for you to read, if you want to learn a bit more:


here

here

here

[irishnotsure]

In reply to dogmatique
We got married before my vw ran out.
Those articles were very interesting. thank you