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Al and Patricia

Overstaying work visa and wanting to marry

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Filed: K-1 Visa Country: Peru
Timeline

Does anyone have any experience with this. I know someone that has overstayed a work visa by 2 years and wants to get married to a USA citizen, is she looking at a ban? If there is a ban, how long? There is no other legal problems.

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Filed: AOS (apr) Country: Canada
Timeline

Overstay is forgiven for the spouse of a citizen.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Does anyone have any experience with this. I know someone that has overstayed a work visa by 2 years and wants to get married to a USA citizen, is she looking at a ban? If there is a ban, how long? There is no other legal problems.

jdh is right. there are only 2 categories which forgive the overstay, 1- Marriage to USC 2- asylum.


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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There is no ban on getting married, and overstaying is forgiven if AOS'ing by marriage to a US citizen. Do NOT leave the country. The ban comes into effect when the person who overstayed leaves the country.

ETA: Do not leave the country until they have the green card. After that, it is a non-issue.

Edited by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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