Legal Question in Immigration Law in Nevada

On what basis do you plan to apply for a Work permit and SSN? Who is going to petition for your residency?

If you are not eligible for a work permit (and adjustment of status), yes, your application will be denied.

For someone who came on a Visa Waiver and overstayed, there are not so many options.

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The visa waiver program entrance has really hampered your case. Most marriage based adjustments that are filed within a short period of time after the expiration of your authorized period of stay expires are processed. For a marriage based adjustment that is 8 years after expiration of your authorized period of stay, it is substantially likely that it would be denied and you'd be removed from the U.S. summarily. The visa waiver program does not allow for removal proceedings. You do have significant issues based on the length of the overstay. Please retain counsel prior to proceeding.

Since your initial entry was made legally in the U.S. (even under visa waiver program), you can adjust status in the U.S. based on bona fide marriage to a U.S. citizen. Sec. 245(i) does not apply, and neither does the $1000 penalty fee.

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