Overstaying visa B1-B2

[XoO 0]

Hi everyone!

My sister met this guy (who is LPR) a couple years ago, and they want to get married, but they doesn't want to wait the time that takes for a LPR to claim a spouse. She has a B2 visa, and they attempted to get married, but they couldn't do so for some reasons that I don't know.

Now she decided to overstay illegal until he become a US citezen, in 2 years or so, and them she will go back to our hometown, and them he will claim for her, and her children (just her children, not his).

This is so illegal for me, all the way, and I've been traing to convice her to go back before her period is over, but a I haven't found the information to support my arguments.

Can some body help me? What they are traing to do will work or will she be banned from de US?

Thanks for de feed back before hand!

XoO

[Chris921 13]

if she gets caught she will be deported and mostly likely banned from us for 10 years (this is what i have heard elsewhere)

[ryna 132]

Keep trying to convince her to leave before she overstays. What she is planning is not only illegal but will result in a ban. The best she will get is a 10 year ban and possibly a lifetime ban if she overstays and the planned fraud is discovered.

She has a B2. Unless something is not normal, he can travel to the DR. They can visit each other in the meantime. They can even get married here (or there) but staying in the U.S. now is not a legal option.

[Casprd 167]

There are so many issues with what they are trying and what they are planning that I don't know where to start. First off, the fact that she is planning to overstay is a problem. If she isn't already out of status, overstaying for 2 years she will be and then leaving the country will trigger a ban. Doesn't matter if her husband is a US Citizen or not. Secondly. Adjusting from a B2 or any kind of tourist/VWP is an iffy thing and not even sure if you can AOS with just a legal permenant resident.

Bottom line is they are running a huge risk of being rejected at the AOS as they are planning all of this ahead so it will be very difficult to prove that she didn't intend to immigrate when arriving on a B2. Here is a link with information on the aspects of having an "unlawful status" http://www.ilw.com/articles/2005,0830-eiss.shtm

She needs to return before her stay expires and they need to proceed the correct way. Attempting to shortcut the system can have some very bad results.

[Penguin_ie 5,986]

if she overstays and then leaves the country, she will get a ten year ban if she overstays more than a year, even if she is not deported. Don't do it.

[Harsh_77 716]

Its completely illegal........ here is the worst case scenario what is your sister going to do after he becomes citizen he does not file for your sister?

I just saw a case on VJ that someone was not willing to file AOS for her wife after she came on K1.

What is your sister going to do if the things fall apart in 2 years, she will have no legal status and would not be able to adjust her status in anyway.

You sis needs to think of worst case scenarios...... but staying on expired visa is completely illegal - she would not be able to get DL either.

[Harsh_77 716]

Ohhh forgot to mention when she goes even as a spouse of USC for Visa, she will run into problem as CO would be able to see that she had entered on B2 married (from marriage cert ) and continued to stay in US until she leave (stamp in her passport and date from her departure record from airport).

So CO would clearly be able to see your sis was knowingly doing wrong for 2 years.

[belinda63 2,981]

Worst case, she gets caught, put in jail for months while waiting her deportation hearing, gets taken to the airport in handcuffs, escorted onto the plane, and deported. This will be an automatic 10 year ban plus the ban for her overstay (anything of 180 days or more after the I-94 expires). Then, if the relationship is still good and he marries her and files for a spousal visa there will be TWO waivers with the expensive fees and attorney costs involved as well as the regular spousal visa costs.

If she doesn't get caught and deported she still faces a ban for the overstay when she leaves which will require a waiver and an attorney.

If she stays and attempts to adjust status after he becomes a citizen they may nail her for material misrepresentation depending on how and what was said when she entered on the tourist visa which could result in a life-time ban from the US.

Long and short does she really want to spend 2 plus years always looking over her shoulder, not being able to legally drive, not being able to work, etc. Always worried that something as simple as being the passenger in a car that is pulled over could result in her arrest for being out of status, And who is going to take care of her children for the next two years and has she no concern for their welfare and missing their mother while she is gone. What if something happens to one of them and she has to leave the US and return home? Now the ban will kick in and she is worse off than before.

[XoO 0]

Thank you so much for all the replies! You're been very helpfull.

This case is worst that I thougth

I'll keep traing to convince her to go back.

Thanks everybody!

[katiemanny 64]

Thank you so much for all the replies! You're been very helpfull.

This case is worst that I thougth

I'll keep traing to convince her to go back.

Thanks everybody!

This is why it is almost impossible to get a B1/B2 visa in the Dominican Republic, thanks to people like your sister trying to abuse the system.

She needs to come back now, so her husband can petition for her, then upgrade for faster processing when he becomes US Citizen.

Edited May 19, 2011 by katiemanny

[XoO 0]

I totally agree with you. It is a shame

[Bobby+Umit 161]

Hi everyone!

My sister met this guy (who is LPR) a couple years ago, and they want to get married, but they doesn't want to wait the time that takes for a LPR to claim a spouse. She has a B2 visa, and they attempted to get married, but they couldn't do so for some reasons that I don't know.

Now she decided to overstay illegal until he become a US citezen, in 2 years or so, and them she will go back to our hometown, and them he will claim for her, and her children (just her children, not his).

This is so illegal for me, all the way, and I've been traing to convice her to go back before her period is over, but a I haven't found the information to support my arguments.

Can some body help me? What they are traing to do will work or will she be banned from de US?

Thanks for de feed back before hand!

XoO

VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

Show her that...

[justashooter 430]

the worst case scenario is that because of her dishonesty honorable people from her country will be denied visa.

this is true of so many countries that have horrible conformity rates. chinese, philipinas, people from all over south america and the carribean, indians...