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Overstayed a temporary visa, need help!

By Vasiliki.C in Adjustment of Status from Work, Student, & Tourist Visas

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Vasiliki.C Rookie

Vasiliki.C   1

Posted
Filed: Country: Greece
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Posted

Hello everyone this is my first time posting here and I'm glad I found this website. Okay here's my situation. I came to the US from Greece to meet someone I have been "online" dating for a year. We weren't planning on getting married but it sort of just happened after he finished bootcamp (he's in the Navy). My visa expired 3 months after I got here and we got married on the second month. I have been reading stuff online that over staying is a fraud and I won't be able to get a green card cause of that. Is it true?

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Boiler Grand Master

Boiler   43,452

Posted
Filed: K-1 Visa Country: Wales
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Posted

News to me, where did you read it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Darnell Grand Master

Darnell   8,478

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

if yer still in the USA, you are eligible to apply for an adjustment of status, leading to greencard issuance.

and we've a Guide for That, in the Guides Section.

I note you've posted in the CR-1/IR-1 visa sub-forum section - you not want to chase one of those, if'n yer still in the USA.

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Boiler Grand Master

Boiler   43,452

Posted
Filed: K-1 Visa Country: Wales
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Posted

Odd. Nolo is a reputable site, my assumption is you misunderstood.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Darnell Grand Master

Darnell   8,478

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

what fraud? in yer exact situation, overstay is automagically forgiven by USCIS when the green card is granted.

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Boiler Grand Master

Boiler   43,452

Posted
Filed: K-1 Visa Country: Wales
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Posted

Fraud is a criminal issue.

Overstaying a visa is a civil issue.

Which is why I wondered what you read and if there more to your situation as the question as asked does not make any sense.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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HafsaJawwad Collaborator

HafsaJawwad   39

Posted
Filed: K-1 Visa Country: Pakistan
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Posted

If you came over as a tourist with the intent to marry, that would be fraud. If you decided to get married after you came as a tourist, like you stated, that wouldn't be considered fraud. The major difference being your status and intent while entering the US. Don't worry to much about it and go ahead and apply for Adjustment of Status :) Congrats on your marriage :)

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Boiler Grand Master

Boiler   43,452

Posted
Filed: K-1 Visa Country: Wales
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Posted

She is here, what her intent was on entry is a non issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   43,062

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

*** Thread moved from CR-1 Process forum to the "AOS from WS&T Visas" main forum -- OP is at that stage. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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HafsaJawwad Collaborator

HafsaJawwad   39

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
Posted

She is here, what her intent was on entry is a non issue.

Not exactly a non issue. If someone applies for a tourist visa and then comes to the US to get married, that would be fraud. That's where she was getting confused I think and I was trying to explain to her what would constitute as fraud and how her case is not fraud.

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Leo7777 Proficient

Leo7777   243

Posted
Filed: Citizen (apr) Country: Ukraine
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Posted (edited)

http://www.peerallylaw.com/en/content/view/562

Again, preconceived intent in and of itself is not a problem for immediate relative adjustments. Specifically, the adverse factor of preconceived intent is overcome by the substantial (or significant) equities present in immediate relative adjustments. This legal authority stems form Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980). Substantial equities is further clarified in Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981).

As for the issue of fraudulent misrepresentation, the key concept is that silence, or failure to volunteer information, is not a misrepresentation. This concept is further confirmed by 9 FAM 40.63 and Matter of Tijam.

So to recap, PCI and fraudulent misrepresentation are two separate issues. The precedents of Cavazos and Ibrahim make it clear that PCI by itself is not an issue for immediate relative adjustment of status cases. Silence before a ConOff or Port of Entry Officer is not a misrepresentation.

Matter of Cavazos

, 17 I. & N. Dec. 215 (BIA, 1980)

. In the absence of other adverse factors, an application for adjustment by an

immediate relative should generally be granted in the exercise of discretion

notwithstanding the fact that the applicant entered as a nonimmigrant with a

preconceived intention to remain.

Edited by Leo7777


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.

 

 

 

 

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Also, it is perfectly fine to marry on a tourist visa. Many people come to Vegas, Hawaii, et al to get married on one.

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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rtor1 Enthusiast

rtor1   52

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hi, sorry for my lack of knowledge about it but I was just wondering how they judge if you entered the US on a tourist visa with or without intentions to get married? Especially if you came to visit somebody that you already had an relationship with!

I don't understand too much about it and was just wondering. For instance, my B2 allows me to stay for 6 months so if I get married something around 1 month before my permitted stay it would be okay and then I would have to go back to my country and then filling for AOS or could I stay there while waiting for the adjudication?

PS: Not saying I will try or encourage people to do it, just being curious!

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