AOS through marriage from tourist visa

[A&M WALEO 3]

Hello

Well I came to the US back in 2001 with my mother to visit my father. During our visit my father asked us if we would like to stay and study here. Given that opportunity we stayed.

I have been living in the us illegally since then. I'm now 23 years of age.

3 years ago I met the most wonderful girl I have ever encountered and we fell inlove. As time transversed I built up the courage to tell her my situation.

I finally proposed and we are getting married this august.

My question is this can I aos on a tourist visa.

My visa is still valid up until the end of august.

I don't have an i94 as we sent it to my country to get stamped as if I have left the country.

I haven't left the country however.

I have a minor criminal record. (petty theft of 75$)

I have paid taxes since I was 16.

I'm a college student and work full time. .

[Little_My 464]

..Umm.. you sent your I-94 to El Salvador to get stamped - so that you could falsely claim you left the country even though you've been here for 10 years now..? Just out of curiosity, who did you send it to? Who would have stamped it for you?

Well. Normally, people would tell you that yes, once you are married to a USC, you can adjust from a tourist visa even if you overstayed your I-94, as long as you did not leave the country before having the GC in hand.

However, this I-94 business seems a bit.. well. Odd, to say the least. They will ask for the copy for the AOS package - you will have to provide it or explain where it is - or try to get a new one from POE.. None of which seem like a viable option in this situation..

So. I really have no idea. Maybe the missing I-94 won't be an issue.. but someone more experienced will probably know with more certainty. What is sure is that if you leave the country now, you will trigger a 10 year ban because of the overstay.

[ValerieA 350]

You can AOS on a tourist visa, the overstay would have been an overlooked negative factor. However, sending the I-94 out of the country to get it (fraudulently) stamped is a big problem. They will have no flight record of you leaving the country, or entering it again, but they will receive the I-94 that you had left. So, this gives them a record that you left the country - even if it doesn't match up with the airlines' records. How will they know you are in the country now and thus eligible for AOS?

I'd get that I-94 back if you can. Maybe I am being too negative, and others can refute my worries.

[Penguin_ie 5,986]

I agree with the previous poster. Normally the answer would be yes, you can AOS from an overstayed tourist visa. But as the government is assuming you left, they may see you coming back as illegal, and if not, then you pretending to leave as misrepresentation, which could lead to a lifetime ban. How old were you when you supposedly left? Ie did you do this or your parents?

Time to get a good immigration lawyer.

Edited May 4, 2011 by Penguin_ie

[A&M WALEO 3]

I was only 12 and I justfound out this happened when I asked my parents for my visa and passport.

My lawyer said that with school records I should be able to prove I wasnt te one commuting fraud since I was a minor.

I just wondered if anyone has gone through this.

Aparently a friend of the family worked in customs in el Salvador an that's how it got stamped.

[Brother Hesekiel 2,235]

In order to file for Adjustment of Status, you will need to proof that you entered the US with inspection and when. For that you'll need that I-94. Illegal immigrants cannot adjust status because they have no status to adjust from. If Uncle Sam has your I-94 showing that you left the US you'll have to show again how you entered. School records mean nothing. You could have entered without inspection and gone through school as tens of thousand of illegal aliens do it.

You have a problem.