option for a friend...

[Melissa&Ryan 1]

Hello Again! If anyone has seen my posts, you will know i filed for K1 Visa yesterday... but im not writing this for me. im writing this for a friend...

I was on facebook the other day and a friend of a friend added me on there. She asked me about the process im going threw. and i told her the steps and all that. I then asked her if she was thinking of filing it also, and this is what she told me....

she's been in the US for 2 years now (i wont say where) but shes basicaly there ilegaly. no visa nothing. just flew in and stayed. she then asked me what her option was.... and i told her from what ive heard. she would have to come back to canada (of course) but since shes been there so long without a visa, and that she would probably wont be able to return to the US for at least 10 years.. (this is what ive read on sites)... but basically, i didnt really know what to tell her... she is basically screwed isnt she ?? I told her not to take my word on what i said, but that i would look around for her. Anyone know what is the rule for being there ilegaly for so long? and what she would have to do? or anything?

thank you to whom ever responds

Good luck to all August filers!! We are in the same boat ! Waiting for my NOA1 right now !!! So excited !!!!

ANyone that filed near my date and would like to keep in touch during the journey, send me a message!

[Ryan H 3,790]

The penalty for the person in question is a 10 year ban.

[Colleens 40]

Hello Again! If anyone has seen my posts, you will know i filed for K1 Visa yesterday... but im not writing this for me. im writing this for a friend...

I was on facebook the other day and a friend of a friend added me on there. She asked me about the process im going threw. and i told her the steps and all that. I then asked her if she was thinking of filing it also, and this is what she told me....

she's been in the US for 2 years now (i wont say where) but shes basicaly there ilegaly. no visa nothing. just flew in and stayed. she then asked me what her option was.... and i told her from what ive heard. she would have to come back to canada (of course) but since shes been there so long without a visa, and that she would probably wont be able to return to the US for at least 10 years.. (this is what ive read on sites)... but basically, i didnt really know what to tell her... she is basically screwed isnt she ?? I told her not to take my word on what i said, but that i would look around for her. Anyone know what is the rule for being there ilegaly for so long? and what she would have to do? or anything?

thank you to whom ever responds

Good luck to all August filers!! We are in the same boat ! Waiting for my NOA1 right now !!! So excited !!!!

ANyone that filed near my date and would like to keep in touch during the journey, send me a message!

If she entered the US legally WITHOUT any original intent to stay and immigrate, she could get married in the US and then file for AOS. When it comes to the AOS interview she will have to prove that she didn't have any intent on immigrating when she originally entered. If she did have intent, then she entered illegally and she will have to return to Canada and wait out her ban.

If she chooses to go the marriage and AOS route it is extremely important that she does not leave the US until she gets her green card.

People have been successful going this route. I can not think of a member off hand who went this way, but I am sure someone else can chime in and provide a member to you that your friend would be able to ask some further questions.

Good Luck to you and your friend.

Edit to add...I am assuming that your friend is Canadian as well and therefore would not need a visa to enter legally. As long as she was inspected at the border, either land or at the airport, she entered legally.

Edited August 7, 2011 by Colleens

[Melissa&Ryan 1]

If she entered the US legally WITHOUT any original intent to stay and immigrate, she could get married in the US and then file for AOS. When it comes to the AOS interview she will have to prove that she didn't have any intent on immigrating when she originally entered. If she did have intent, then she entered illegally and she will have to return to Canada and wait out her ban.

If she chooses to go the marriage and AOS route it is extremely important that she does not leave the US until she gets her green card.

People have been successful going this route. I can not think of a member off hand who went this way, but I am sure someone else can chime in and provide a member to you that your friend would be able to ask some further questions.

Good Luck to you and your friend.

Edit to add...I am assuming that your friend is Canadian as well and therefore would not need a visa to enter legally. As long as she was inspected at the border, either land or at the airport, she entered legally.

yes she did enter legaly. But usualy as a visitor you have 90 days to stay (after that you are considered ilegal) Thats why my stay in the US was less then 90 days. i didnt want to mess anything up with my status. Even if she gets married and applies for AOS... wouldnt she have to do the whole I-130 form? or the K3 Visa for spouse. which would mean she has to come back to canada and do the waiting game like we all are? (btw, yes she is canadian, she contacted me because we were born in the same home town, and a friend told her my story, so she contacted me) how could she prove she didnt intend to stay ilegaly?

[Colleens 40]

yes she did enter legaly. But usualy as a visitor you have 90 days to stay (after that you are considered ilegal) Thats why my stay in the US was less then 90 days. i didnt want to mess anything up with my status. Even if she gets married and applies for AOS... wouldnt she have to do the whole I-130 form? or the K3 Visa for spouse. which would mean she has to come back to canada and do the waiting game like we all are? (btw, yes she is canadian, she contacted me because we were born in the same home town, and a friend told her my story, so she contacted me) how could she prove she didnt intend to stay ilegaly?

As a Canadian you are allowed 180 days of legal presence in the US, but it is up to the CBP if they allow you to enter for that amount of time. I THINK that she has to fill out the I-130 and the I-485 and I am pretty sure she will still need to have a medical....again if I am incorrect another member will correct me. (I did the K1 route so I am not 100% familiar with the process). Her husband will have to ensure that he has enough income to sponser her or have a co-sponser lined up.

[Melissa&Ryan 1]

As a Canadian you are allowed 180 days of legal presence in the US, but it is up to the CBP if they allow you to enter for that amount of time. I THINK that she has to fill out the I-130 and the I-485 and I am pretty sure she will still need to have a medical....again if I am incorrect another member will correct me. (I did the K1 route so I am not 100% familiar with the process). Her husband will have to ensure that he has enough income to sponser her or have a co-sponser lined up.

Thank you for your help. Im doing the K1 also, and dont know anything about the I-130 too. But anyone willing to send info my way would be awesome...

[sciencenerd 56]

Yeah, the only way she can stay and gain legal status is to get married - you didn't mention if she is in a relationship with a man or not, so this may or may not be relevant to her case. My wife overstayed 3 years and successfully adjusted status through our marriage. If your friend leaves the U.S. before gaining permanent residency, she will incur a 10 year ban from returning. So, her options are to 1. get married (legitimately, obviously) and adjust status 2. return to Canada and get 10 year ban 3. stay here without legal status and deal with all the complications that come with that. Good luck to her.

[Melissa&Ryan 1]

Yeah, the only way she can stay and gain legal status is to get married - you didn't mention if she is in a relationship with a man or not, so this may or may not be relevant to her case. My wife overstayed 3 years and successfully adjusted status through our marriage. If your friend leaves the U.S. before gaining permanent residency, she will incur a 10 year ban from returning. So, her options are to 1. get married (legitimately, obviously) and adjust status 2. return to Canada and get 10 year ban 3. stay here without legal status and deal with all the complications that come with that. Good luck to her.

Oh yes, she has been with her man for over 2 years, its the reason she went and stayed there for so long.. So she would have to do the marriage and AOS... will she get an interview in the US? i know shell have to file the I-130 and all those. but the process would be different if she cant leave the US. How can she get the medical and interview if she cant leave the US ??

thank you for your help very apprediated...

[Colleens 40]

Thank you for your help. Im doing the K1 also, and dont know anything about the I-130 too. But anyone willing to send info my way would be awesome...

If you click on the Guides tab at the top of the page there is a guide for if both spouses are living in the US Link

This should get them started, and if they run into any bumps along the way there are a lot of members here that are willing to help!

[Inky 1,110]

http://www.visajourney.com/content/i130guide2

This is the guide she needs. Follow it to a T. Do not leave anything out at all.

[Melissa&Ryan 1]

If you click on the Guides tab at the top of the page there is a guide for if both spouses are living in the US Link

This should get them started, and if they run into any bumps along the way there are a lot of members here that are willing to help!

Thank you, i will make sure to send her on this site. I can give her advice but in the end, she'll have to do the steps.

Thank you

[sciencenerd 56]

Oh yes, she has been with her man for over 2 years, its the reason she went and stayed there for so long.. So she would have to do the marriage and AOS... will she get an interview in the US? i know shell have to file the I-130 and all those. but the process would be different if she cant leave the US. How can she get the medical and interview if she cant leave the US ??

thank you for your help very apprediated...

If she is otherwise qualified, she shouldn't have any problems adjusting status (and she didn't misrepresent anything to immigration when entering). She will need to do the medical here and send it in with her application. The interview will also be here. It sounds like their situation is similar to my own - my wife and I were in a relationship when she entered the country and she stayed for 3 years before we got married and she adjusted status. The only thing the immigration officer was concerned about was making sure that my wife had not left the US in the 3 years she had been here (it would have triggered the ban if she had).

[Melissa&Ryan 1]

If she is otherwise qualified, she shouldn't have any problems adjusting status (and she didn't misrepresent anything to immigration when entering). She will need to do the medical here and send it in with her application. The interview will also be here. It sounds like their situation is similar to my own - my wife and I were in a relationship when she entered the country and she stayed for 3 years before we got married and she adjusted status. The only thing the immigration officer was concerned about was making sure that my wife had not left the US in the 3 years she had been here (it would have triggered the ban if she had).

so your wife was allowed to leave the US for the medical and interview? how did that happen without causing a ban ? was it because you were married? thats the only part i dont get. If she leaves for the medical or interview, wouldnt she be banned? or is it since she is married (even if she has been there for 2 years)... it wouldnt matter and they would let her leave and come back after the interview and all other things are finished?

she just told me she misses home so much and would love to be able to go back and forth without the fear of not being able to go back to the US...

[Inky 1,110]

so your wife was allowed to leave the US for the medical and interview? how did that happen without causing a ban ? was it because you were married? thats the only part i dont get. If she leaves for the medical or interview, wouldnt she be banned? or is it since she is married (even if she has been there for 2 years)... it wouldnt matter and they would let her leave and come back after the interview and all other things are finished?

she just told me she misses home so much and would love to be able to go back and forth without the fear of not being able to go back to the US...

If you are filing adjustment from inside the USA with an overstay you have the medical and interview in the USA. You do not leave the USA until the green card is in your hand.

So no she cant leave until she has the green card or she will be banned and not be able to come back for a very long time.

[bigdog 376]

Hello Again! If anyone has seen my posts, you will know i filed for K1 Visa yesterday... but im not writing this for me. im writing this for a friend...

I was on facebook the other day and a friend of a friend added me on there. She asked me about the process im going threw. and i told her the steps and all that. I then asked her if she was thinking of filing it also, and this is what she told me....

she's been in the US for 2 years now (i wont say where) but shes basicaly there ilegaly. no visa nothing. just flew in and stayed. she then asked me what her option was.... and i told her from what ive heard. she would have to come back to canada (of course) but since shes been there so long without a visa, and that she would probably wont be able to return to the US for at least 10 years.. (this is what ive read on sites)... but basically, i didnt really know what to tell her... she is basically screwed isnt she ?? I told her not to take my word on what i said, but that i would look around for her. Anyone know what is the rule for being there ilegaly for so long? and what she would have to do? or anything?

thank you to whom ever responds

Good luck to all August filers!! We are in the same boat ! Waiting for my NOA1 right now !!! So excited !!!!

ANyone that filed near my date and would like to keep in touch during the journey, send me a message!

probably I30 I485, or an immigration attorney. don't want a 10 year penalty.