Overstay, Illegal Status Adjustment of status

[Nats]

This summer i got married to my american husband and went back home to my own country because i had some problems going on overhere. Now im in the usa visiting him for a second time for a short vacation...last time it was really hard to break up and we kinda want me to stay overhere. Im here on a visa waiver and got married on my previous trip...is there any chance we can pull this off if we like file adjustment for status?

I ask this cuz we did got married earlier on a previous trip but we didnt have the intention for me to stay here this time...

 

[mafioso]

If you intend to stay here and file for adjustment of status, yes you qualify. You can do it without going back home.

 

[Nats]

Then why do i read everywhere on the internet that this is considered fraud? like they can go mess with us saying "you got married, you left and came back this time..you planned to do this and knew you were going to stay"? I mean i am here on a visa waiver which says you cant adjust status. I did hear you can if you marry in the spur of the moment but we were already married...and i left the country.Can they say something like this and what can we do about it? sorry if i ask again but we dont wanna take the risk of me getting deported and blowing our chance of being together......

 

[mafioso]

You can pull it off. I can't get into specifics because each case is different. Everything is fair game but lawyers know how to handle such cases. Don't bother about what you read…… Your lawyer would know how to avoid such.............Just know you can and don't bother about hear say.

 

[Nats]

Ok i understand, thanks for the advise! I got one more question tho...if i go thru customs and go to the usa they ask some question about what you are going to do there....if you intend to stay and adjust status..do u have to tell them that or is it good like i did...i said i was visiting...

 

[mafioso]

You don't need to mention anything about adjustment of status.........you have a fifth amendment right. Just state visiting.............that is enough for now.