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lory999

B2 Visa Overstayed in US need HELP!!! URGENT

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Filed: Other Country: Canada
Timeline

Is there anyone that could help me and give me advice what to do..I am canadian came here in the US as B2 visa stamped in my passport..I came here to meet my fiancee last June 21st, 2010 and we are so inlove that i didn't go back to canada until at this present..we got married last year july 7, 2011 and now I'm 1 yr. & 10 months overstayed here in US..I have a ticket this saturday april 21st, 2012 to fly back to canada... I just found out that because I overstayed here I will be ban for 10 yrs. for not entering US If I intend to come back someday...now I don't know what to do.. My husband is US citizen and we just recently received the application form I-130, I-485 and w/ attached I-765...we didn't submit yet cuz there're so many lots of requirements to secure.. I don't know what to do if I will leave and just go home but I will be ban for 10 yrs. or I'll just stay here in US and we will just submit the form I-130, I-485, I-765, G-325A, I-864 and I-693... I need advice, suggestions, and opinions that will guide me what to do please... :(

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Filed: Citizen (apr) Country: Poland
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Go ahead and submit I-130+I485 (and the rest). Once you leave, you'll have to get a waiver to overcome a ban. Adjusting status - if you entered with no intent to immigrate - is absolutely legal.

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Filed: Citizen (apr) Country: Canada
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Yup. You are way, way overstayed. You will definitely incur a long bar if you leave. So forget about leaving. The ticket is a write-off. You will badly screw up your life if you use it. So don't. File the paperwork as soon as humanly possible, and get your status normalized. Your overstay will not, by itself, prevent you from AOSing and getting a GC (though you can count on getting an interview).


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Filed: Other Country: Canada
Timeline

Yup. You are way, way overstayed. You will definitely incur a long bar if you leave. So forget about leaving. The ticket is a write-off. You will badly screw up your life if you use it. So don't. File the paperwork as soon as humanly possible, and get your status normalized. Your overstay will not, by itself, prevent you from AOSing and getting a GC (though you can count on getting an interview).

HeatDeath,

Thank you for your advice, now I feel relieved and not even thinking that I will waste that ticket... I will try my best to secure the necessary documents needed and we will submit it right away... Thank you and have a wonderful day!! :)

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Filed: IR-1/CR-1 Visa Country: Pakistan
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I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

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Filed: Other Country: Ireland
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Go ahead and submit I-130+I485 (and the rest). Once you leave, you'll have to get a waiver to overcome a ban. Adjusting status - if you entered with no intent to immigrate - is absolutely legal.

No, DO NOT LEAVE. Waivers are NOT that easy to get, and you will have incurred a ban for the overstay. You need to file your paperwork to adjust your status from within the US. This takes 4-6 months, do not plan on leaving the country while this happens. Overstays are forgiven for spouses of US citizens, so your adjustment will go smoothly so long as you fill out the paperwork correctly and meet the requirements.

I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

Interesting theory, but truthfully I have not seen one person report being asked about intent during an AOS interview in the 2 years I've been on this board. Not once.


Our Journey

6/6/2007 Met online

12/05/2007 Realized I was nuts about him!

01/19/2008 Confessed...and he felt the same <3

05/01/2008 Met in person in Chicago

5/2008-5/2010 Umpteen visits between Ireland and US

6/19/2010 Got married!

04/06/2012 Finally able to send paperwork for AOS!

(Day 1)04/11/2012 Papers arrived at Chicago lockbox and signed for.

(Day 3)04/13/2012 Email confirmations!

(Day 7)04/17/2012 NOA hard copies received.

(Day 10)04/20/2012 Biometrics appt received for 05/07/2012

(Day 27)05/07/2012 Biometrics

(Day 65)06/15/2012 EAD approval email

(Day 69)06/19/2012 Interview notice!!! 07/24/2012!!

(Day 75)06/25/2012 EAD arrives.

(Day 104)07/24/2012 Interview in Atlanta....Approved!!!

Expecting a baby boy 8/9/2013!

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Filed: Other Country: Canada
Timeline

I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

I know what you mean, before I mess up my name in the US immigration I have a clean record...before this happened I have a clean name and intentions of coming, passing US... I didn't expect to fall inlove w/ my husband who unfortunately we both live in a different countries... when I overstayed here my husband and I discussed about my stay and thats why we got married...the only problem is with so many lots of requirement needed to secure, we have to wait for a certain time just to have that documents ready thats why I waited for long... but I thank you for making me aware and be really prepared for the AOS interview someday...

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Filed: Timeline

I am canadian came here in the US as B2 visa stamped in my passport..I

Why did they stamp your passport? What did they say at the Port of Entry?

Moving from Tourist Visas forum to AOS From Other Visas.


iagree.gif

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If you file your AOS paperwork now, and do not leave the US until you have your GC, it is very likely yo'll be just fine and have your GC issued within the next 5-7 months. Of course there is a risk of denial - there always is - but AOS from a non-immigrant visa overstay is very common, and in most cases than not the GC is issued without any problems. As long as you entered the country legally and with inspection, and since coming here have not done anything else that would make you ineligible such as claiming to be a US citizen, your AOS will most likely be fairly painless.

I would not leave if I were you. Waivers are also challenging and difficult. No reason to complicate things unnecessarily. Just file the AOS paperwork as soon as possible, and do not leave the country until you have the greencard.


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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Filed: Other Country: Canada
Timeline

Why did they stamp your passport? What did they say at the Port of Entry?

Moving from Tourist Visas forum to AOS From Other Visas.

My canadian passport stamp the day i arrived in portlang OR US june 21, 2010 class B2 but doesn't have any date until when I will stay...and i also have stamped before even flying to US it was stamped in Toronto,ON (Department of Homeland Security. US Custom and Border Protection) it says Admitted TOR (toronto)

Class Until B1/ B2 and B2 is encircled and it has a date until Nov. 31, 2009... I think its mandate for the custom that they will stamp your passport that you are admitted/ arrival/ or departure....

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Filed: Other Country: Canada
Timeline

If you file your AOS paperwork now, and do not leave the US until you have your GC, it is very likely yo'll be just fine and have your GC issued within the next 5-7 months. Of course there is a risk of denial - there always is - but AOS from a non-immigrant visa overstay is very common, and in most cases than not the GC is issued without any problems. As long as you entered the country legally and with inspection, and since coming here have not done anything else that would make you ineligible such as claiming to be a US citizen, your AOS will most likely be fairly painless.

I would not leave if I were you. Waivers are also challenging and difficult. No reason to complicate things unnecessarily. Just file the AOS paperwork as soon as possible, and do not leave the country until you have the greencard.

Thank you very much for the advice, I will try and ask my husband to speed fast and secure all the documents we needed, I really don't want to make things more worse by leaving and be ban for 10 yrs. since America is a great country and as far as I know there are countries like Asia, Mexico etc.. that when you are planning to go for a trip sometimes you really have to pass/stop by in US just to change plane for your final destination... Thank you for the knowledge you've shared. I really appreciate it! :)

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Filed: Timeline

My canadian passport stamp the day i arrived in portlang OR US june 21, 2010 class B2 but doesn't have any date until when I will stay...and i also have stamped before even flying to US it was stamped in Toronto,ON (Department of Homeland Security. US Custom and Border Protection) it says Admitted TOR (toronto)

Class Until B1/ B2 and B2 is encircled and it has a date until Nov. 31, 2009... I think its mandate for the custom that they will stamp your passport that you are admitted/ arrival/ or departure....

They don't normally stamp Canadian passports. Are you naturalized or did they question you or give you a warning?

Edited by Krikit

iagree.gif

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Filed: Citizen (apr) Country: Canada
Timeline

Every time I've flown to the US in the last 10 years my passport got stamped. Sometimes it was just the stamp, sometimes they wrote "B2" in pen on the stamp. The most recent entry, after I got my 2-year GC, they wrote "ARC" on the stamp. When I entered driving with my K1 they wrote "K1" and an expiration date on teh stamp. That was the only date they've ever written.

OTOH, when I've driven in as a tourist, they never stamped it. I haven't driven in since I got my GC yet, so I don't know what they'd do in that circumstance.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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