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Dakine

Overstaying tourist visa.

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Is there any time limit on how long a B2 can overstay their visa and adjust status if he gets married?


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: Philippines
Timeline
Is there any time limit on how long a B2 can overstay their visa and adjust status if he gets married?

i do not know the consequences but check out this link... http://www.visajourney.com/forums/index.php?showtopic=83690

although it is an F1 visa but it points out to overstaying.


THE JOURNEY

03-31-08 - FILED for K1

04-16-08 - NOA1

06-11-08 - RFE on uscis website

08-12-08 - fiance started calling uscis every week cos he never got the RFE in the mail, requested for a new one

08-13-08 - touched

09-19-08 - touched

09-24-08 - touched

10-15-08 - new RFE finally in the mail (after hundreds of calls to uscis)

10-28-08 - fiance sent back RFE documents

10-31-08 - touched

11-04-08 - RFE reply recieved

11-05-08 - touched

11-10-08 - APPROVED (on uscis website)

11-11-08 - touched

11-13-08 - touched

11-17-08 - NOA2

11-24-08 - consulate received

12-15-08 - day 1 medical exam at SLEC

12-16-08 - day 2 medical exam results released

01-07-09 - INTERVIEW APPROVED

01-16-09 - visa received

02-12-09 - CFO

03-15-09 - FLIGHT

06-11-09 - wedding

07-10-09 - AOS

08-21-09 - biometrics

09-23-09 - repeat biometrics (argh!)

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Filed: Citizen (apr) Country: Mexico
Timeline

I don't think there is a limit, but every case is different and with immigration you never know.

I overstayed mi visa (B1/B2) 4 years (I'm not proud of it, but I had reasons to do it) before I got married, I didn't meet my husband until early 07, we started the adjustment of status 6 months after we got married, by then I had overstayed my visa for 5 years, we thought our petitions was going to be denied because of that but so far so good, I got my EAD, SSN and State Id. we are going to have our interview in February. Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I think the difference is if you overstay your visa with the solely purpose of marriage.

The better think you can do is to hire a lawyer, they are expensive but helpful.

Edited by jade_arb

10/06 - Met online.

01/03/07 - Met in Person and started dating.

12/11/07 - Got Engaged.

01/05/08 - Got Married!!!

06/24/08 - Applied for I-130, I-485 and I765.

06/30/08 - Notice of Action

07/19/08 - Biometrics Appointment

08/26/08 - Received EAD card

12/29/08 - Letter interview date received in mail

02/23/09 - Interview date!!!----- APPROVED!!!

03/06/09 - Welcome letter in the mail.

03/13/09 - Green Card received in the mail!!

Removing Conditions

01/25/11 - Applied for I-751.

01/27/11 - I-797C, N.O.A issued

01/31/11 - Check cashed

02/04/11 - Received N.O.A

03/14/11 - Biometric appointment issued

03/19/11 - Biometric letter received in the mail

03/28/11 - Biometric appointment date.

06/24/11-Approval of ROC

06/27/11-Approval letter received

07/01/11- Green Card Received

B9gLm5.png.png.png

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Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

Edited by Eric-Pris

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Filed: Citizen (apr) Country: Mexico
Timeline
Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

I can't assure if he is correct or not, I'm not a lawyer. That is what he told us. I guess we will find out in our interview, If I got approved then is correct, if not well he was not.


10/06 - Met online.

01/03/07 - Met in Person and started dating.

12/11/07 - Got Engaged.

01/05/08 - Got Married!!!

06/24/08 - Applied for I-130, I-485 and I765.

06/30/08 - Notice of Action

07/19/08 - Biometrics Appointment

08/26/08 - Received EAD card

12/29/08 - Letter interview date received in mail

02/23/09 - Interview date!!!----- APPROVED!!!

03/06/09 - Welcome letter in the mail.

03/13/09 - Green Card received in the mail!!

Removing Conditions

01/25/11 - Applied for I-751.

01/27/11 - I-797C, N.O.A issued

01/31/11 - Check cashed

02/04/11 - Received N.O.A

03/14/11 - Biometric appointment issued

03/19/11 - Biometric letter received in the mail

03/28/11 - Biometric appointment date.

06/24/11-Approval of ROC

06/27/11-Approval letter received

07/01/11- Green Card Received

B9gLm5.png.png.png

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Filed: AOS (apr) Country: Philippines
Timeline
Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

typically both are forgiven as a courtesy to the USC spouse.... YMMV


YMMV

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Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

I can't assure if he is correct or not, I'm not a lawyer. That is what he told us. I guess we will find out in our interview, If I got approved then is correct, if not well he was not.

I was also told the same thing by my lawyer and read it in documents somewhere on these sites.


AOS Timeline

07/05/2008 - Married in Las Vegas!!!

10/14/2008 - Gave lawyer all necessary documents.

11/10/2008 - Got word from Lawyer that paperwork is final and to come in on the 12th to sign and send!

11/12/2008 - Signed all documents and the check! Lawyer mailing out packet this week!!!

11/14/2008 - Documents sent FedEx Overnight

11/17/2008 - Documents received and signed by J. Chyba @ 11:30am (Day 1)

11/25/2008 - Check cashed!! (Day 9)

12/01/2008 - NOA's received - dated Nov. 25th (Day 15)

12/09/2008 - Touched I-765 & I-130 (Day 23)

12/18/2008 - Biometrics Appointment! (Day 32)

12/19/2008 - Touched I-765 & I-485 (Day 33)

01/05/2009 - Interview Letter received - dated Dec. 30 (Day50)

01/20/2009 - Email from CRIS - EAD Card Production Ordered (Day 65)

01/23/2009 - Email again from CRIS - EAD Card Production Ordered (Day 68)

01/26/2009 - Touch on the I-765 (Day 71)

01/28/2009 - EAD Card received in the mail (Day 73)

01/28/2009 - Email from CRIS - EAD Approval notice sent (Day 73)

01/29/2009 - Touch on the I-765 (Day 74)

02/12/2009 - Interview Day!!!!! 10am!! APPROVED!!!!! (Day 88)

02/20/2009 - Welcome notice arrived! (Day 96)

ROC Timeline

11/19/2010 - Sent documents USPS Overnight

11/22/2010 - Documents received and signed by V. Semegi @ 5:26am (Day 1)

12/22/2010 - Biometrics Appointment (Day 31)

12/29/2010 - Touch (Day 38)

02/10/2011 - Approval - Card Production Ordered! (Day 81)

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Unless there are other circumstances, USCIS will overlook the overstay and work record -- if your marriage is determined to be bona fide.

Just to add to this - Also as long there are NO criminal convictions.

You'll be fine. :yes::yes:

Good Luck to all ! :thumbs:


I-130 re-submitted 05-22-2009

June 3rd 2009 - Rec Hardcopy NOA 1

June 5th 2009 - Touched

August 21 2009 - Touched

August 24 2009 - APPROVED - NOA 2

Sept 1st 2009 - NVC Rec - Case # assigned

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

how on earth do ppl work without work authorization? I thought no one will hire you without a ssn. guess its all under the table?

I read on another forum that it is forgiveable anyways, as a courtesy to the USC spouse


Sarinha

First met March 2007, playing an MMORPG (ffxi)

Getting married Feb 12 2010

Will start our VJ Feb 2010

2c61618b8b94d52d.gif

I-130 Journey - VSC CR1 & CR2

02-xx-10 -I-130 sent

xx-xx-10- I-130 NOA1

xx-xx-xx- I-130 NOA2

- Total Days from NOA 1 to NOA2 xxx

I-129F Journey - VSC K3 & K4

xx-xx-xx I-130 Received @ NVC

xx-xx-xx Case Completed at NVC :

xx-xx-xx NVC Left:

- Total Days from NOA1 to NVC Complete xx

- Total Days @ NVC xx

Consulate

xx-xx-xx Received at Consulate

xx-xx-xx Medical Date

xx-xx-xx Interview Date [ ] Pass [ ] Fail

- Total Days from Recd at Consulate to Interview xxx

- Total Days from NOA1 to Interview xxx

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Filed: Citizen (pnd) Country: France
Timeline
how on earth do ppl work without work authorization? I thought no one will hire you without a ssn. guess its all under the table?

I read on another forum that it is forgiveable anyways, as a courtesy to the USC spouse

They sometimes use other's ssn. Most employers look the other way.

Edited by Lili

AOS Approved on 10-17-08 (details in profile)

Removal of Conditions on 07-19-10

In this tedious process, we tend to forget that this is all worth it.

I love my hubby beyond anything in this world.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
how on earth do ppl work without work authorization? I thought no one will hire you without a ssn. guess its all under the table?

I read on another forum that it is forgiveable anyways, as a courtesy to the USC spouse

They can get this card -

What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, example 9XX-7X-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have U.S. tax return and payment responsibilities under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

What is an ITIN used for?

ITINs are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system.

IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers.

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for a SSN

U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN

Dependent or spouse of a U.S. citizen/resident alien

Dependent or spouse of a non-resident alien visa holder

Good Luck to all ! :thumbs:


I-130 re-submitted 05-22-2009

June 3rd 2009 - Rec Hardcopy NOA 1

June 5th 2009 - Touched

August 21 2009 - Touched

August 24 2009 - APPROVED - NOA 2

Sept 1st 2009 - NVC Rec - Case # assigned

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

can ppl apply for this if they are waiting for an ead after aos after k1?

Edited by stiggy

Sarinha

First met March 2007, playing an MMORPG (ffxi)

Getting married Feb 12 2010

Will start our VJ Feb 2010

2c61618b8b94d52d.gif

I-130 Journey - VSC CR1 & CR2

02-xx-10 -I-130 sent

xx-xx-10- I-130 NOA1

xx-xx-xx- I-130 NOA2

- Total Days from NOA 1 to NOA2 xxx

I-129F Journey - VSC K3 & K4

xx-xx-xx I-130 Received @ NVC

xx-xx-xx Case Completed at NVC :

xx-xx-xx NVC Left:

- Total Days from NOA1 to NVC Complete xx

- Total Days @ NVC xx

Consulate

xx-xx-xx Received at Consulate

xx-xx-xx Medical Date

xx-xx-xx Interview Date [ ] Pass [ ] Fail

- Total Days from Recd at Consulate to Interview xxx

- Total Days from NOA1 to Interview xxx

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Filed: AOS (apr) Country: Philippines
Timeline
can ppl apply for this if they are waiting for an ead after aos after k1?

anyone can apply for an ITIN if they are ineligible to apply for a SSN... Once you have your SSN, the need for an ITIN is gone...


YMMV

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