Re: came in on tourist visa then got married -help!
eileen1110
Folinskyinla
> Hi:
> It depends on what?
Sigh. I'm tempted to say "everything" except is somewhat more limited
than that. And if you ask people what their experience is you will get
"**I** had no problem, so it will be no problem" or you might get "**I**
had the DAO from Hell who subjected me to torture you wouldn't believe."
Where is the case being filed? What nationality and ethnic group are
the people? How long did they know each other? What are the
circumstances of entry? And I just started.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com
hcj1440
> I think the overstaying is a problem. In my personal experience she
> should have filed prior to the 90 day expiring
Overstay by itself does not make one ineligible to adjust status if
adjusting based on marriage to a USC.
From http://149.101.23.2/graphics/howdoi/lpreligibility.htm#j (old USCIS
site -- will be up only until Nov 30)
"If "otherwise eligible" to immigrate to the U.S., immediate relatives
may adjust status to LPR (get a "green card") in the United States even
if they may have done any of the following:
* worked without permission,
* remained in the U.S. past the period of lawful admission (e.g.,
past the expiration date on your I-94) and filed for adjustment of
status while in an unlawful status because of that,
* failed otherwise to maintain lawful status and with the proper
immigration documentation, or
* have been admitted as a visitor without a visa under sections
212(l) or 217 of the Act (which are the 15-day admission under the
Guam visa waiver program and the 90-day admission under the Visa
Waiver Program, respectively)."
eileen1110
> Overstay by itself does not make one ineligible to adjust status if
> adjusting based on marriage to a USC.
>
> From http://149.101.23.2/graphics/howdoi/lpreligibility.htm#j (old
> USCIS site -- will be up only until Nov 30)
>
> "If "otherwise eligible" to immigrate to the U.S., immediate relatives
> may adjust status to LPR (get a "green card") in the United States
> even if they may have done any of the following:
> * worked without permission,
> * remained in the U.S. past the period of lawful admission (e.g.,
> past the expiration date on your I-94) and filed for adjustment
> of status while in an unlawful status because of that,
> * failed otherwise to maintain lawful status and with the proper
> immigration documentation, or
> * have been admitted as a visitor without a visa under sections
> 212(l) or 217 of the Act (which are the 15-day admission under
> the Guam visa waiver program and the 90-day admission under the
> Visa Waiver Program, respectively)."
should she just put visitor in the section where it asks for current
immigration status?
This forum is fab by the way - I wish I had known about this when I was
going through the process!
eileen1110
> I think the overstaying is a problem. In my personal experience she
> should have filed prior to the 90 day expiring
Thanks for the quick response - I kind of thought that. Do you have any
suggestions as to what she should do? Just go through the process and
hope for the best?
I am also an expat but came in on an au pair visa 8 years ago and then
got married, so my process was very different. which is why I can't
help my friend
giraffemoon
> Can anyone help? My friend came in on a tourist visa then ended up
> getting married to her boyfriend (US citizen). They actually planned
> to go back to the UK to get married but he got a job offer he couldn't
> refuse. So it was not actually planned.
> Will there be any problems as she came in on the tourist visa and has
> now overstayed the 90 days?
> She wants to file for her I-485 and I-765. when asked her current
> immigration status what does she put? Visitor?
>
> Would really appreciate the advice - Thanks
I think the overstaying is a problem. In my personal experience she
should have filed prior to the 90 day expiring
--
Posted via http://britishexpats.com
eileen1110
Can anyone help? My friend came in on a tourist visa then ended up
getting married to her boyfriend (US citizen). They actually planned to
go back to the UK to get married but he got a job offer he couldn't
refuse. So it was not actually planned.
Will there be any problems as she came in on the tourist visa and has
now overstayed the 90 days?
She wants to file for her I-485 and I-765. when asked her current
immigration status what does she put? Visitor?
Would really appreciate the advice - Thanks
--
Posted via http://britishexpats.com
Folinskyinla
Hi:
Excellent question. It depends.
--
eileen1110
> Sigh. I'm tempted to say "everything" except is somewhat more limited
> than that. And if you ask people what their experience is you will
> get "**I** had no problem, so it will be no problem" or you might get
> "**I** had the DAO from Hell who subjected me to torture you wouldn't
> believe."
>
> Where is the case being filed? What nationality and ethnic group are
> the people? How long did they know each other? What are the
> circumstances of entry? And I just started.
Case is being filed in Los Angeles.
She is English and white
He is American and White
She came in on a tourist visa with plans to take him home with her then
he got a great job offer so they got married here, not thinking that
there would be a whole procedure to go through ( they are in their early
20's so young and in love)
eileen1110
> Hey there. I have done the same way. I overstayed on my B2 visa and
> now i'm a Permanent Resident.
> I didn't think ill stay here either. 2 Weeks before I was going back
> home, met my wife. 1 Year later she filed the i-485, i-765, i-130. As
> long as you have entered the U.S. Legally and have I-94 Card you're
> good. As soon as you file and get an Immigrant Alien Number you're
> good to go.
> Takes about 90 days to get EAD. Depends ofcourse on the service
> center. Make sure that you also do the Medical (i did not do it when i
> sent the papers) so i had to send RFE (more evidence).
>
> Dont worry! The officer will ask her husband if he knew about her visa
> expiring/expired... that's all.
> Good Luck
>
> P.S. Visitor/B2 on the form
cheers airborne
airborne83x
Hey there. I have done the same way. I overstayed on my B2 visa and now
--
Posted via http://britishexpats.com
janadeen
Eileen - no one here can fully or accurately answer this question for
you - for your "friend". Everyone's case is different and so too,
usually, the person or persons processing it.
The friend will just have to go thru the procedure - only after
completing it will the friend know the outcome. All else is guessing,
wishing, hoping, etc ...
eileen1110
> Eileen - no one here can fully or accurately answer this question for
> you - for your "friend". Everyone's case is different and so too,
> usually, the person or persons processing it.
>
> The friend will just have to go thru the procedure - only after
> completing it will the friend know the outcome. All else is guessing,
> wishing, hoping, etc ...
I know each persons circumstances are different, it actually took me 4
years to get my greencard which a lot of people were surprised at.
I will let the forum know how my friend gets on as it is nice to be able
to refer to personal experiences
eileen1110
> Hey there. I have done the same way. I overstayed on my B2 visa and
> now i'm a Permanent Resident.
> I didn't think ill stay here either. 2 Weeks before I was going back
> home, met my wife. 1 Year later she filed the i-485, i-765, i-130. As
> long as you have entered the U.S. Legally and have I-94 Card you're
> good. As soon as you file and get an Immigrant Alien Number you're
> good to go.
> Takes about 90 days to get EAD. Depends ofcourse on the service
> center. Make sure that you also do the Medical (i did not do it when i
> sent the papers) so i had to send RFE (more evidence).
>
> Dont worry! The officer will ask her husband if he knew about her visa
> expiring/expired... that's all.
> Good Luck
>
> P.S. Visitor/B2 on the form
Should her husband say he did know? I usually think honesty is the
best policy...
hcj1440
> should she just put visitor in the section where it asks for current
> immigration status?
> This forum is fab by the way - I wish I had known about this when I
> was going through the process!
To be totally truthful I suppose she could put "overstayed VWP" (or
whatever visa is appropriate -- I presumed VWP since you said 90 days).
It's not like they're not going to figure out that she overstayed
anyway, and the overstay does not make her ineligible to adjust.
Folinskyinla
> I know each persons circumstances are different, it actually took me 4
> years to get my greencard which a lot of people were surprised at.
> I will let the forum know how my friend gets on as it is nice to be
> able to refer to personal experiences
Hi:
I driving up to Lancaster tomorrow to try a removal case -- guy filed
for adjustment in 2000 and it was the cleanest immigration case you've
ever seen. I'll let him know that there is nothing to worry about from
DHS and Department of Justice.
He is one of my poster children on why advance parole can be a really
DUMB move. The one in Lancaster wear an organge jumpsuit while the one
in San Pedro wears blue. However, with the onset of winter, it gets
cold in the desert so my client was wearing a blue denim jacket over the
organge when I saw him over the weekend.
I hate visiting clients in detention -- I feel kind of guilty because I
get to leave.
MH
Folinskyinla <member4043@british_expats.com> wrote:
>
>> I know each persons circumstances are different, it actually took me 4
>> years to get my greencard which a lot of people were surprised at.
>> I will let the forum know how my friend gets on as it is nice to be
>> able to refer to personal experiences
>
>Hi:
>
>I driving up to Lancaster tomorrow to try a removal case -- guy filed
>for adjustment in 2000 and it was the cleanest immigration case you've
>ever seen. I'll let him know that there is nothing to worry about from
>DHS and Department of Justice.
>
>He is one of my poster children on why advance parole can be a really
>DUMB move.
Honestly, we believe you! :-)
Can you tell us WHAT happened - WHY is he in removal? Because someone had a
bad day and decided "Hey, I don't like the shirt you're wearing"?
At which point does the problem of AP go away? Once AOS is done? Once a
person is naturalized?
MH
Noorah101
The need for (and associated problems with) AP goes away once you have
your PR status. :)
Rene
MH
Thanks. I'm assuming PR includes the subset of CPR?
MH
lpdiver
> I know each persons circumstances are different, it actually took me 4
> years to get my greencard which a lot of people were surprised at.
> I will let the forum know how my friend gets on as it is nice to be
> able to refer to personal experiences
Well your time frame on the green card doesn't surprise me. My wife is
at 33 months and a projected wait of another 12-13 months for
interview...so she may surpass your four years.
t
Noorah101
Yes, it does. :)