I entered the US under the Visa Waiver Program in January last year and missed my flight back to the UK. I married my wife (a US citizen by birth) in June last year and had fully intended to file for Change of Status but, due to financial circumstances, we were unable to afford to file. I have just come into some money and would be able to afford the various fees within the next six weeks. However, I am well out of status and would be subject to a time bar on re-entering the US if I left to apply for a visa.
As I understand it, I am not able to apply for a Provisional Unlawful Presence Waiver as we haven't filed an I130. Taking my family to the UK is not an option as the children's father would not permit it. Can you please advise me on the best course of action?
You shoudl file for adjustment in the U.S. and include an affidavit showing why you were not able to file during the 90 day VWP period. We have done several of these cases successfully so if you need help contact me as indicated below and I will advise what we need to represent you.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
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