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boobby

Overstay on visa waiver

By boobby in Waivers (I-601 and I-212) and Administrative Processes (221g)

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boobby Newbie

boobby   0

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

I am British and have always come to the united state yearly. I met the woman of my dream about 2 years ago on one of my visits. I came over on a visa waiver program and overstayed before we got married. We are currently happily married. We are considering changing my status but I don’t know how to go about doing this.

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chocolaterie Community Regular

chocolaterie   0

Posted
Filed: AOS (apr) Country: Canada
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Posted

there is some information I am missing. How long was your overstay? are you still currently in the usa on this overstay? and did you have intent to immigrate when you entered? do you have any ties to your country?

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

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boobby Newbie

boobby   0

Posted
Filed: Other Country: United Kingdom
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  • Author
Posted
You need to return home and file for a K3 visa.

How long was the overstay?

5 months

there is some information I am missing. How long was your overstay? are you still currently in the usa on this overstay? and did you have intent to immigrate when you entered? do you have any ties to your country?

yes i am currently in the us. no i didnt have any inteention to stay over here but my finance got pregnant and i couldnt just leave her by herself and unforunately we lost the baby but i had already overstayed before she lost the baby. i am a graduate in computer and information system. i was working with Airbus at the time before i came over to visit her.

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chocolaterie Community Regular

chocolaterie   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

As woq boy said, you can go back to Britain and do the K3 route, or you can do the other route. If you choose the second option and if you are denied you will not have any right to appeal, and will then have to leave the usa and file for a k3.

The other route, the USC spose will have to file the I-130, I-485 and I-765 (work authorization - if you want it while waiting). Do not leave the usa while this is being processed, even if you have advance parole they will deny you re entry because of your overstay.

Please read, http://www.visajourney.com/forums/index.ph...page=i130guide2

it is a comprehensive guide of what you need to do. I would also cross reference with www.bcis.gov to ensure everything is up to date.

If you go this route you may asked to prove that you didn't have intent.

I wish you much luck.

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

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aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted
I am British and have always come to the united state yearly. I met the woman of my dream about 2 years ago on one of my visits. I came over on a visa waiver program and overstayed before we got married. We are currently happily married. We are considering changing my status but I don’t know how to go about doing this.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#k

Who May Apply to Become a Lawful Permanent Resident While in the United States?

Ineligible

-You may be ineligible for adjustment to permanent resident status if:

-You entered the U.S. while you were in transit to another country without obtaining a visa.

-You entered the U.S. while you were a nonimmigrant crewman.

-You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

-You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

-You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

Read this thread http://www.visajourney.com/forums/index.php?showtopic=62644&hl=

As chocolaterie said.....do not leave the US..........or you may face a ban and have to submit a waiver.

Good luck to you and your family.

Lorelle

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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  • 2 months later...
zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted
Please consult an immigration lawyer , in a way i think ou can adjust status as when you live will trigger the 10 year barr. Please advice yourself and consult an immigration lawyer good at this pls.

Do not leave the US until you have talked to an immigration attorney the specializes in family-type immigration. He or she will be able to guide you on what to do next and your options for travel once you have filed the I-485.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Boiler Grand Master

Boiler   43,627

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

http://www.visajourney.com/forums/index.ph...page=i130guide2

All on the FAQ.

Most people here diy, not that difficult if you are OK with paperwork, a bit of a pain but all possible.

If you are out of status for more than 180 days do not travel until you have your GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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