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Mr. Monty

overstayed, married a US citizen filed for i-130

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Hi, First time poster here, but I have been lurking the forums when I started my visa journey. Well let me tell you my story first and I'll have some questions I need to ask.

I came to the US from the Philippines in 1994 on a H-4 visa category(H1 Dependent-my mom worked here I was 14 yrs old.)I went through with inspection at a port of entry. My mom received her GC in the late 90's but she passed away in early 2000's. I recalled she petitioned me somehow but all the paperwork was lost with that petition. Fast forward to now, I married a US citizen in 2007 and she recently filed a petition for me, I-130 just this month(April 2011) and I'm currently residing in the US with her. We have been together at least for 4 years before marrying her. So here are some of my questions and concerns:

--I overstayed my visa for a good 15 years, what are the consequences that will affect the petition?

--If the petition is approved, will I be able to Adjust Status?

--I worked during my overstay without authorization, what are the consequences that will affect the petition?

Thank you in advance for any help and advise, I pray everything goes well in my journey. (Also I am scared and worried about this whole immigration filing, and it really helps to read everyones stories. )

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Hi, First time poster here, but I have been lurking the forums when I started my visa journey. Well let me tell you my story first and I'll have some questions I need to ask.

I came to the US from the Philippines in 1994 on a H-4 visa category(H1 Dependent-my mom worked here I was 14 yrs old.)I went through with inspection at a port of entry. My mom received her GC in the late 90's but she passed away in early 2000's. I recalled she petitioned me somehow but all the paperwork was lost with that petition. Fast forward to now, I married a US citizen in 2007 and she recently filed a petition for me, I-130 just this month(April 2011) and I'm currently residing in the US with her. We have been together at least for 4 years before marrying her. So here are some of my questions and concerns:

--I overstayed my visa for a good 15 years, what are the consequences that will affect the petition?

--If the petition is approved, will I be able to Adjust Status?

--I worked during my overstay without authorization, what are the consequences that will affect the petition?

Thank you in advance for any help and advise, I pray everything goes well in my journey. (Also I am scared and worried about this whole immigration filing, and it really helps to read everyones stories. )

I forgot to add, She only sent in the I-130 petition, we did not send the I-485 with it. We are waiting to see if the I-130 will be approved before filing the AOS.

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Most important question--did you ever leave the US and return without inspection at any time during the 15 years--if you did, you probably have problems. If you didn't the overstay and working illegally will be forgiven, and you can AOS here--DO NOT LEAVE UNDER ANY CIRCUMSTANCES.

And another really bad possibility--did you EVER claim to be a US citizen in any capacity??

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***** Moving from CR-1 to AOS forum as OP is already in the USA *****

Overstaying and working is irrelevant if adjusting status as an immediate relative, which is what you are doing, but the questions asked by Magical are important. Also, did you pay taxes on your income?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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***** Moving from CR-1 to AOS forum as OP is already in the USA *****

Overstaying and working is irrelevant if adjusting status as an immediate relative, which is what you are doing, but the questions asked by Magical are important. Also, did you pay taxes on your income?

--Yes I paid taxes on my income, and I don't recall at the moment if I ever claimed Us citizenship in any capacity, but what are the consequences? Also I never left the country.

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--Yes I paid taxes on my income, and I don't recall at the moment if I ever claimed Us citizenship in any capacity, but what are the consequences? Also I never left the country.

Why would you wait to file the I-485?

You would know if you claimed US citizenship. The consequence is a lifetime ban.

You should be fine.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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It really depends, but as a general concept, anyone claiming US citizenship faces a potential lifetime ban with no waiver available. The details matter a lot and this requires the very best lawyer you can find, but ONLY If they have handled a lot of similar cases. Most things in immigration can be handled by yourself, but not this one. Think hard and check all the records you can find to see if you ever checked a box that you were a US citizen, and then go to Laurel Scott's FREE immigration chat every Wednesday at noon. Here is the link--try to do it tomorrow.

http://www.scottimmigration.net/chatroom.html

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It really depends, but as a general concept, anyone claiming US citizenship faces a potential lifetime ban with no waiver available. The details matter a lot and this requires the very best lawyer you can find, but ONLY If they have handled a lot of similar cases. Most things in immigration can be handled by yourself, but not this one. Think hard and check all the records you can find to see if you ever checked a box that you were a US citizen, and then go to Laurel Scott's FREE immigration chat every Wednesday at noon. Here is the link--try to do it tomorrow.

http://www.scottimmigration.net/chatroom.html

Thank you very much!!! all help is greatly appreciated!

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You could have filed the I-485 with the I-130...it would have saved you time. How were you able to work and pay taxes? Since you have been here so long, I'm assuming you have a social security # to file your taxes. Just be sure you didn't claim to be an USC ever. It comes with very serious consequences.


02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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Hi, First time poster here, but I have been lurking the forums when I started my visa journey. Well let me tell you my story first and I'll have some questions I need to ask.

I came to the US from the Philippines in 1994 on a H-4 visa category(H1 Dependent-my mom worked here I was 14 yrs old.)I went through with inspection at a port of entry. My mom received her GC in the late 90's but she passed away in early 2000's. I recalled she petitioned me somehow but all the paperwork was lost with that petition. Fast forward to now, I married a US citizen in 2007 and she recently filed a petition for me, I-130 just this month(April 2011) and I'm currently residing in the US with her. We have been together at least for 4 years before marrying her. So here are some of my questions and concerns:

--I overstayed my visa for a good 15 years, what are the consequences that will affect the petition?

--If the petition is approved, will I be able to Adjust Status?

--I worked during my overstay without authorization, what are the consequences that will affect the petition?

Thank you in advance for any help and advise, I pray everything goes well in my journey. (Also I am scared and worried about this whole immigration filing, and it really helps to read everyones stories. )

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I would suggest getting a lawyer. I dont know all the laws or what type of visa you were on. But over staying a visa by 180 days is an automatic 3 year ban from the usa. Over staying by 1 year is a 10 year ban. Me and my husband were together well over a year had a baby together he came over on the VWP for the third time, we got married. The fact that we had no knowledge to adjust status with in 90days before the VWP was up gave him no right to stay in the usa regardless of marriage. We thought if we got a lawyer it would be all ok, but we were told that we would probley lose anyway and he would be deported and banned for 10 years. So since he hadnt over stayed by 180 days he went home before he faced a banned. Marriage its self does not give you the right to stay in America, you are suppose to have your spouse file for you when your in your home country, it sucks but thats just how it is for the most part! I am glad i learned this from a lawyer before my husband over stayed by 180 days. Other wise we'd be "screwed" consult a lawyer first. All i see is your petition getting denied and you deported i could be wrong! Like i said thats my story and situation. I hope all the best for you and your wife! but please get a lawyer they know all the laws and loop holes so there maybe a way out of it, may not be. And if you do have to leave maybe you can file a waiver to remove your banned so your petition goes smoothly! It sucks! But dont try to beat immigration its always best to do it by the book!!! best of wishes again

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I would suggest getting a lawyer. I dont know all the laws or what type of visa you were on. But over staying a visa by 180 days is an automatic 3 year ban from the usa. Over staying by 1 year is a 10 year ban. Me and my husband were together well over a year had a baby together he came over on the VWP for the third time, we got married. The fact that we had no knowledge to adjust status with in 90days before the VWP was up gave him no right to stay in the usa regardless of marriage. We thought if we got a lawyer it would be all ok, but we were told that we would probley lose anyway and he would be deported and banned for 10 years. So since he hadnt over stayed by 180 days he went home before he faced a banned. Marriage its self does not give you the right to stay in America, you are suppose to have your spouse file for you when your in your home country, it sucks but thats just how it is for the most part! I am glad i learned this from a lawyer before my husband over stayed by 180 days. Other wise we'd be "screwed" consult a lawyer first. All i see is your petition getting denied and you deported i could be wrong! Like i said thats my story and situation. I hope all the best for you and your wife! but please get a lawyer they know all the laws and loop holes so there maybe a way out of it, may not be. And if you do have to leave maybe you can file a waiver to remove your banned so your petition goes smoothly! It sucks! But dont try to beat immigration its always best to do it by the book!!! best of wishes again

Steph,

totally different situation than yours and falls under different law. He entered legally as a minor with his parent. Has been here more than 10 years which would qualify him for Cancellation of Removal in addition to other benefits. His marriage to US citizen allows him to AOS, there is no legal similarity between your case and his.

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Agree with Sergi9, Steph's case is entirely different since her husband entered as a VWP - not with a non-immigrant visa. It might seem as though a 15 year overstay makes the case more complicated than, for example, a 2 year overstay, but in the end the length of the overstay really makes no difference in terms of the difficulty of the AOS - what matters is 1) legal entry with inspection 2) not leaving the US after there is more than 180 days of overstay and 3) not claiming US citizenship when you're not a citizen (and of course, preferably obeying the law and paying taxes and in general being a law abiding citizen).

If the only "issue" with your situation is the overstay, I don't know if you necessarily even need a lawyer - but I won't advice for or against retaining one. I think you should start putting the I-485 package together to have it ready for sending as soon as you hear back from the I-130 to save you time. Read around VJ, and you'll see that many have adjusted status after very long overstays, even from VWPs, which used to be much more challenging than adjusting from a visa overstay.

As said before - Just do not leave the US before you have your green card.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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I would suggest getting a lawyer.

Waste of money.

I dont know all the laws or what type of visa you were on. But over staying a visa by 180 days is an automatic 3 year ban from the usa. Over staying by 1 year is a 10 year ban.

Not true.

The bar is only triggered when leaving the US.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Steph,

totally different situation than yours and falls under different law. He entered legally as a minor with his parent. Has been here more than 10 years which would qualify him for Cancellation of Removal in addition to other benefits. His marriage to US citizen allows him to AOS, there is no legal similarity between your case and his.

Yep. Cancellation of removal would be more of a last ditch effort, though. You have to actually be in removal proceedings before you can ask for cancellation. You also need a squeaky clean criminal record, and prove extreme hardship if you're removed. Not exactly the situation anyone wants to find themselves in.

If his mom filed the original petition for him before April of 2001 then he might also be eligible for a 245(i) adjustment.

Anyway, if he'd done anything to make himself inadmissible, like leaving the US or claiming to be a citizen, then he wouldn't be eligible to adjust under any category, including marriage to a US citizen.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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