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White Pinoy

I130 and overstayed visa

By White Pinoy in K-3 Spouse Visa Process & Procedures

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White Pinoy Newbie

White Pinoy   0

Posted
Filed: Country: Philippines
 Timeline
Posted

My friend is here in the US with an expired visa. As I understand, she is here after her husband filed an I130 in 2004. She said her husband filed I130 and I129 at the same time and the I130 came first.

The I130 wasn't completed and her visa has expired. They want to know if they can pick up with the process where they left off.

Is this possible?

Do they have to start over?

Is there any harm in setting up an infopass appointment?

How much trouble would she be in if the Visa is 4 years expired?

Is there any need for a lawyer?

Any thoughts would be appreciated.

Thanks,

Khmerthai

Tim/Mav Experienced

Tim/Mav   305

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Appears Visa fraud. Your Friend and Petitioner knew this the whole time.

A Info-Pass Appointment would be good. Even though it was never meant to be on purpose I somehow think the US Goverment will disagree..

Edited by Tim/Mav

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI
6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

pushbrk Grand Master

pushbrk   12,979

Posted
Filed: Other Country: China
 Timeline
Posted (edited)

Appears Visa fraud. Your Friend and Petitioner knew this the whole time.

A Info-Pass Appointment would be good. Even though it was never meant to be on purpose I somehow think the US Goverment will disagree..

This is not correct. It would appear that it is the K3 visa that expired, meaning this is a simple overstay. Yes, she can simply adjust status like any other legal entrant who overstayed their visa. First, confirm the I-130 was eventually approved. You'll need a copy of the I-130 approval notice when filing the I-485. If it is lost, you'll have to file and pay a fee to obtain a copy of the notice.

Even if if was another type of visa instead of the K3, the same would be true.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Appears Visa fraud. Your Friend and Petitioner knew this the whole time.

A Info-Pass Appointment would be good. Even though it was never meant to be on purpose I somehow think the US Goverment will disagree..

I disagree. Let's assume, instead, the lass came over on a K-3 visa, and the I-94 on the K-3 visa has expired.

Going forward, if the I-130 is still not approved, file a complete AOS packet (we've a guide for that, OP - please to get it to yer friends)

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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