I'm more than a year out of status on a VWP entry and need help to stay with my US wife and stepchildren.

Asked about 1 year ago - Santa Rosa, CA

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?

Additional information

Thanks to all who advised me to hire a lawyer - I do realize that is my best course of action but there isn't enough money for that. I have just enough to file.

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Step 1: hire a local experienced immigration attorney as what needs and can be done depends on local USCIS practice.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . More information is needed. Do consult with an experienced Immigration Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  3. John Grayson Davidson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Hire an immigration lawyer.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
  4. Lynne Rogers Feldman

    Contributor Level 18

    Answered . 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
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

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