Need some advice about a overstay.

[TonyS 0]

I'm hoping to get some information for a good friend. My friend's fiance arrive here legally about 7 years ago on a tourist visa. She overstayed and has built a life here. They met and feel in love and now they want to get married. I know a overstay is forgiven ( AOS ) if married to a US citizen and the foreigner entered the US legally. The problems is all the documents proving legal entry were destroyed in accident. Any advice on how legal entry can be proven?

[2007n 0]

I'm hoping to get some information for a good friend. My friend's fiance arrive here legally about 7 years ago on a tourist visa. She overstayed and has built a life here. They met and feel in love and now they want to get married. I know a overstay is forgiven ( AOS ) if married to a US citizen and the foreigner entered the US legally. The problems is all the documents proving legal entry were destroyed in accident. Any advice on how legal entry can be proven?

She has to prove that her evidence was destroyed in an accident. One of the proves may be something like an accident report

[jeje 0]

I'm hoping to get some information for a good friend. My friend's fiance arrive here legally about 7 years ago on a tourist visa. She overstayed and has built a life here. They met and feel in love and now they want to get married. I know a overstay is forgiven ( AOS ) if married to a US citizen and the foreigner entered the US legally. The problems is all the documents proving legal entry were destroyed in accident. Any advice on how legal entry can be proven?

She has to prove that her evidence was destroyed in an accident. One of the proves may be something like an accident report

if he has copy those or his passport that he use to travel to states, it can help in some instance. all his information will be with uscis either through the port of entry or through the embassy where he got his visa from,

[desert_fox 32]

I'm hoping to get some information for a good friend. My friend's fiance arrive here legally about 7 years ago on a tourist visa. She overstayed and has built a life here. They met and feel in love and now they want to get married. I know a overstay is forgiven ( AOS ) if married to a US citizen and the foreigner entered the US legally. The problems is all the documents proving legal entry were destroyed in accident. Any advice on how legal entry can be proven?

She has to prove that her evidence was destroyed in an accident. One of the proves may be something like an accident report

if he has copy those or his passport that he use to travel to states, it can help in some instance. all his information will be with uscis either through the port of entry or through the embassy where he got his visa from,

Apply for a duplicate copy of the I-94 arrival recor.

[emt103c 10]

Duplicate I-94 good idea....also the airline might have proof of flight it they flew in.

[Alt name 1]

IF:

Your friend has been here that long, I know of another situation.

A friend of mine married a girl who was clearly here illegally, had been for years. They filed the I130, AOS, etc, and also she was fined (well, he was) around 1000-1500, but she was allowed to stay. They have (2) children (they've been married several years and she just got her green card 2 months ago). They met at her workplace (where she was working on a false SS# lol, but whatever)

A settled home life, a good provable marriage, and children together, as well as honesty went a long way in their case. Yes, lengthy overstays can be forgiven, but it's a very tough road. They were back and forth with immigration for about 1 1/2 years before their case was finally cleared, but at the end of the day, since they had been married over 2 years anyway, she got her 10-year card and they're doing very well.

I know it's done, but what is also done is that the illegal CAN be called to interview, detained on the spot, and sent home.

Whichever way it goes, good luck. It helps to have a good immigration lawyer. My friend got a fireball (laughing) some kind of F Lee Bailey type.

[athena_ny 1]

IF:

Your friend has been here that long, I know of another situation.

A friend of mine married a girl who was clearly here illegally, had been for years. They filed the I130, AOS, etc, and also she was fined (well, he was) around 1000-1500, but she was allowed to stay. They have (2) children (they've been married several years and she just got her green card 2 months ago). They met at her workplace (where she was working on a false SS# lol, but whatever)

A settled home life, a good provable marriage, and children together, as well as honesty went a long way in their case. Yes, lengthy overstays can be forgiven, but it's a very tough road. They were back and forth with immigration for about 1 1/2 years before their case was finally cleared, but at the end of the day, since they had been married over 2 years anyway, she got her 10-year card and they're doing very well.

I know it's done, but what is also done is that the illegal CAN be called to interview, detained on the spot, and sent home.

Whichever way it goes, good luck. It helps to have a good immigration lawyer. My friend got a fireball (laughing) some kind of F Lee Bailey type.

As long as legal entry can be proven, overstay and illegal work is automatically forgiven from within the country through marriage to a USC. My husband had a 5 year overstay, 3 years of work (using his ITIN), and our AOS was approved 7 weeks from filing, with an interview. Green card arrived by 9 weeks after filing, and no questions were asked about it at the interview. Their long journey may have had to do with other factors, since overstay and illegal work (even using a false SS# if you made it up and didn't intentionally commit ID fraud) are all by law, AUTOMATICALLY forgiven. We did all this sans lawyer.

As for immediate deportation, doesn't happen. Even after a denial at an AOS interview, they have to go before an immigration judge for removal proceedings. It is not immediate.

[emt103c 10]

As for immediate deportation, doesn't happen.

Unless there is an outstanding order of deportation.

[athena_ny 1]

As for immediate deportation, doesn't happen.

Unless there is an outstanding order of deportation.

True, but the situation outlined above was made out to seem more like calling to an interview, denial, and putting the person on a plane. I could have misread it, but yeah if there's an outstanding order that would be immediate deportation.

[TonyS 0]

Thanks to all for the information, I greatly appreciate the help. I consider myself fairly knowledgeable about immigration due to the many hours researching in preparation for my own journey. My research indicated that a illegal overstay was forgiven when married to a USC and the entry was legal. So in that respect they are good. Like I mention the problem now is proving legal entry due to the lost of all documents. I thought it wold a simple matter of obtaining a duplicate I-94 or contacting the consulate that issued her visa. They consulted a immigration attorney who told them that records were destroyed after 4 years. I don't know if this is true or not. I told them to contact the USCIS for information but they are wary needless to say. My friend's finance remembers the entry date and POE but does not remember the airline.

[emt103c 10]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[blueblue 0]

A friend of mine married a girl who was clearly here illegally, had been for years. They filed the I130, AOS, etc, and also she was fined (well, he was) around 1000-1500, but she was allowed to stay. They have (2) children (they've been married several years and she just got her green card 2 months ago). They met at her workplace (where she was working on a false SS# lol, but whatever)

Your friend apparently was able to adjust under 245i, the I-130 was likely filed before April, 2001. That is no longer available.

If someone enters without inspection and did not have the I-130 filed before that date, they are now required to leave the country for consular processing, become subject to the 3 or 10 year bar, file a waiver if they qualify, prove extreme hardship and hope that it is approved.

[emt103c 10]

-deleted-

Edited December 28, 2007 by emt103c

[Alt name 1]

HUH?

They just met and married about 3 1/2 years ago. The initial filing was done in 2005/2006

A friend of mine married a girl who was clearly here illegally, had been for years. They filed the I130, AOS, etc, and also she was fined (well, he was) around 1000-1500, but she was allowed to stay. They have (2) children (they've been married several years and she just got her green card 2 months ago). They met at her workplace (where she was working on a false SS# lol, but whatever)

Your friend apparently was able to adjust under 245i, the I-130 was likely filed before April, 2001. That is no longer available.

If someone enters without inspection and did not have the I-130 filed before that date, they are now required to leave the country for consular processing, become subject to the 3 or 10 year bar, file a waiver if they qualify, prove extreme hardship and hope that it is approved.

[desert_fox 32]

Like I mention the problem now is proving legal entry due to the lost of all documents. I thought it wold a simple matter of obtaining a duplicate I-94 or contacting the consulate that issued her visa. They consulted a immigration attorney who told them that records were destroyed after 4 years. I don't know if this is true or not. I told them to contact the USCIS for information but they are wary needless to say. My friend's finance remembers the entry date and POE but does not remember the airline.

The Consulate knows nothing about the I-94. It is a Homeland Security document. You must apply to the USCIS for a duplicate using the proper form. The Consulate wuld be of no help.