B2 Visa Overstayed in US need HELP!!! URGENT

[ValerieA 350]

For the record - ARC stands for Alien Registration Card, those 2 stamps were when I came back from visits to Canada after I got my green card. Can't believe I wigged on that.

[dukeandduchess 141]

I don't want to cause further alarm, but I once had my passport stamped with a "B2 visa" and it had a date written under it. I was told that I needed to return to the country on that date or I could get in some serious trouble (ie. lifetime ban to the US).

Not sure if this is the same thing as the OP, but that's what I'd imagine since a date is written under her B2. It's probably the date she said she would return/had a return ticket for.

Again, this is only from personal experience and I obviously have no way to know if this situation is the same.

[lory999 0]

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.

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.

Maybe he just want me to be well prepared someday... but thank you very much for the advice and sharing your knowledge to me, It makes me feel at ease now and I hope and pray that we will secure all the requirements needed as soon as possible so we can start the process right away... what ever will be someday and I don't know if i will be approve or denied atleast I tried my best. Thank you again.

[ValerieA 350]

I don't want to cause further alarm, but I once had my passport stamped with a "B2 visa" and it had a date written under it. I was told that I needed to return to the country on that date or I could get in some serious trouble (ie. lifetime ban to the US).

Not sure if this is the same thing as the OP, but that's what I'd imagine since a date is written under her B2. It's probably the date she said she would return/had a return ticket for.

Again, this is only from personal experience and I obviously have no way to know if this situation is the same.

It's basically the same, but you have to leave the US to trigger the ban, so as long as the OP does not leave the country before receiving his/her green card, everything is fine.

[lory999 0]

For the record - ARC stands for Alien Registration Card, those 2 stamps were when I came back from visits to Canada after I got my green card. Can't believe I wigged on that.

Hi,

I'm trying to secure and complete all the documents needed for me to submit the application form I-130, I-485 and I-765... I know I have to pay the I-130, I-485 and also the I-765 too right? may I ask, if do we really have my husband and I to have enough show money in our bank? I'm just curious... thank you.

[dukeandduchess 141]

It's basically the same, but you have to leave the US to trigger the ban, so as long as the OP does not leave the country before receiving his/her green card, everything is fine.

That's what I was hoping for the OP, strangely enough I had all of that drama just visiting a friend prior to meeting my husband!

[lory999 0]

I don't want to cause further alarm, but I once had my passport stamped with a "B2 visa" and it had a date written under it. I was told that I needed to return to the country on that date or I could get in some serious trouble (ie. lifetime ban to the US).

Not sure if this is the same thing as the OP, but that's what I'd imagine since a date is written under her B2. It's probably the date she said she would return/had a return ticket for.

Again, this is only from personal experience and I obviously have no way to know if this situation is the same.

Yes, I came here in US twice, the first stamp was B2 and given me the time that I will only stay in US until that date...so I leave before that date expired. that date is given me only 6 months to stay in US... so that there is no issues... the second time I came back they stamped again my passport that I arrived that day and still B2 but this time there is no date anymore... the class until written in my passport is only written class B2 but w/out a date its blank...i guess maybe because i was finger printed and photographed...thats all.

[ValerieA 350]

Hi,

I'm trying to secure and complete all the documents needed for me to submit the application form I-130, I-485 and I-765... I know I have to pay the I-130, I-485 and also the I-765 too right? may I ask, if do we really have my husband and I to have enough show money in our bank? I'm just curious... thank you.

You should probably start your own thread with this...but, you do not have to pay the fee for the I-765 as long as you file it with the rest of the package. Also, you have to show that the US citizen has enough income to qualify as your sponsor, or else you need to get a joint sponsor. The guide is here.

[engineer21 51]

Hi,

I'm trying to secure and complete all the documents needed for me to submit the application form I-130, I-485 and I-765... I know I have to pay the I-130, I-485 and also the I-765 too right? may I ask, if do we really have my husband and I to have enough show money in our bank? I'm just curious... thank you.

Your husband has to show that his income is enough to support the two of you and anybody else in his household at 125% above poverty line. It's not so much money in the bank as it is annual income. The USC would prove this by submitting copies of his/her tax returns from at least the last year (usually people send the last 3 years).

Assetts (such as money in the bank) can help too but they are evaluated differently (need 3 times 125% I think).

[Gosia & Tito 199]

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...

Do NOT leave. File petitions as soon as possible.

Better to lose the cost of the ticket than the problems you would get in trying to get back.

[sheeshkabelle 153]

That is exactly what I was trying to say. We are admitted under a de facto B2 (if they actually do stamp your passport and write on it, they write B-2) and we are definitely not a VWP country. We just don't actually have to apply for the B-2 in advance.

ETA: I just checked my (Canadian citizen) passport and every US stamp has either B-2 or ARC written on it. Can't remember what ARC stands for, although I did know that, back in the day.

It wasn't computing in my brain what you were trying to say! (I blame NVC driving me insane! ) Apologies.

My husband has had two stamps in his passport, only the dates he entered the US and nothing written on them or under them.

I did have a stamp in my passport one time going to Canada, and that was last Christmas. He stamped with the date I entered, then wrote my return date under that. He gave me an extra day just in case I had a flight delay.

Either way. OP should not leave until she has a green card in hand. Any overstay will be forgiven by the AOS from marriage to a US citizen.

[grrrrreat 109]

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.

ARC means "alien registration card", i.e., you don't have an expiration date of your stay because you were an LPR.

[lory999 0]

OP - just to beat a dead horse (getting over the shock of your first post) DO NOT LEAVE THE COUNTRY. Your overstay problem can be fixed, here in the US, with no days apart from your husband. To leave the country would NOT fix your problem and only make it much much worse. If you stay here, it is really no problem at all. If you leave, it is a big problem.

Overstay is forgiven/irrelevant for spouses of USCs who adjust in-country. Your ban is triggered upon EXIT. Do not leave.

Also, don't bother with Advance Parole (AP). You cannot use it at all, or your ban will be triggered. You will have to wait to travel anywhere until you get your GC. Once you have the GC, the days you overstayed will be "erased" and you can travel internationally normally.

I'm really sorry but I'm new here...what is OP? anyhow, I thank you for the strong advice for me not to leave and for all of you who commented just to give me an honest opinions, suggestions I really appreciate it from the bottom of my heart. I decided not to leave and I will patiently wait for all the necessary requirement to be completed and submit it someday. Thank You once again!

Do NOT leave. File petitions as soon as possible.

Better to lose the cost of the ticket than the problems you would get in trying to get back.

Thank you very much for the advice! Yes, I won't leave.

[HeatDeath 430]

That is exactly what I was trying to say. We are admitted under a de facto B2 (if they actually do stamp your passport and write on it, they write B-2) and we are definitely not a VWP country. We just don't actually have to apply for the B-2 in advance.

ETA: I just checked my (Canadian citizen) passport and every US stamp has either B-2 or ARC written on it. Can't remember what ARC stands for, although I did know that, back in the day.

ARC stands for "Alien Registration Card", I'm pretty sure.

And several of my passport stamps from flying in (from before I got my K1 and moved down here) have B2 written on them by the CBP officer, and I am a natural-born Canadian citizen.

"OP" means "Original Poster", i.e. the person who started the thread. It's used conversationally to direct a comment directly and specifically at the person who started the thread, as opposed to any subsequent contributor.

Edited April 18, 2012 by HeatDeath

[lory999 0]

You have a plan to leave on April 21st, in the next 4 days?! From what I read, it sounds like you will still stick to your plan, so I think I have to be another warning voice for you.

DO NOT LEAVE UNTIL YOU GET GC.

AOS will not be difficult if you stay in the country.

Yes, I have a ticket to fly back to canada this coming saturday April 21st, 2012 but because I found this awesome Helpful site now I am relieved and I decided not to use that ticket anymore. Thank you for the advice!