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sarali

2 OVERSTAYS...any chance of AOS????

By sarali in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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sarali Newbie

sarali   0

Posted
Filed: Timeline
Posted

"hi.my situation is that i came to U.S. on a student visa F-1 and never went to school then got married to a permenant resident and overstayed my visa by 4 years. Then i left the country in 2004 and now i came back on a VWP visa and i overstayed this one too .my question is that my husaband just became a USC so can i apply for AOS known that i overstayed 2 times? and will i have to leave the country in order to get a visa?"

thanx in advance for responding...

Sinergy Mentor

Sinergy   3

Posted
Filed: AOS (apr) Country: Romania
 Timeline
Posted

I would deffinatly advice consulting an immigration lawyer.

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payxibka Grand Master

payxibka   10,048

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
I would deffinatly advice consulting an immigration lawyer.

I agree... It has been said that being married to a USC cures a lot of the "sins of the past", but it is best to consult with an attorney to be sure.

YMMV

Dr_LHA Experienced

Dr_LHA   3

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

Although USCIS forgives overstays, what they often don't forgive is coming into the US and lying about your immigration intent. When you arrived in the US on a VW it sounds like you intented to remain here. That can get you into trouble, I would also advise you to lawyer up.

Addie_Goodvibes Proficient

Addie_Goodvibes   0

Posted
Filed: AOS (apr) Country: Japan
 Timeline
Posted

The fact that you overstayed twice yet they let you in the second time on VWP then USCIS was not aware of the initial Overstay, I suggest you not bring that one to light.

Usually Overstay is forgiven when married to USC and Applying for AOS, I agree with previous Replies Set up an inital Consult with an attorney.

It does not look that you repeatedly overstayed your Visa's it could reflect negativly on your intentions.

Good Luck!

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IMPORTANT NOTICE:Like you all, I am not an attorney ; I am a layperson (I have laid a lot of persons ) My advice is based on Experience obtained by filing ourselves

AOS met in Japan 1994 married 10/2004

DO:Los Angeles,Ca.

6/17/06 Forms Sent (I-130, I-485, and I-765)

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Dr_LHA Experienced

Dr_LHA   3

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted
The fact that you overstayed twice yet they let you in the second time on VWP then USCIS was not aware of the initial Overstay, I suggest you not bring that one to light.

How much scrutiny do people come in on the VWP really get though? Being on one of those plane load of Brits coming into LA, for example, I kind of get the impression its "stamp stamp done" for most of them.

Ladylethal Grand Master

Ladylethal   12

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

I'd say get an immigration laywer for the best way to proceed in your case.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!
10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE
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06/26/2014 - N-400 sent to Nebraska
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07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


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pj1959us Community Regular

pj1959us   0

Posted
Filed: Citizen (pnd) Country: England
 Timeline
Posted
The fact that you overstayed twice yet they let you in the second time on VWP then USCIS was not aware of the initial Overstay, I suggest you not bring that one to light.

:blink:

The OP is going to have to divulge any time in the US and the basis for the times she was in the US. The facts remain that the OP received a student visa and didn't bother going to school, married a PR, overstayed, left and came back on a VWP and overstayed again and result in a complicated situation that should be handled by a professional.

Do not try to hide details any longer. When applying for AOS you will be under a higher scrutiny than slipping by a POE on a VWP.

A good honest discussion with an attorney is definitely in order.

1-21-09 Getting Naturalization documents together.

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Disclaimer: i dunno nuthin bout birthin no babys, or bout imugrayshun.

 
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