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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi all!

So I have a question...If someone entered on a visa waiver program and overstayed since 2002, then got married, is there a chance that her AOS will get approved? Assuming, of course, that there is a good reason for her to have stayed so long (which, by the way, I know nothing about).

My boss is trying to decide (lawyer, but not an immigration lawyer) whether we should help this person with the paperwork.

I mean, all the questions are going to come up in the interview, right? We can fill out all the paperwork for her for AOS, and that is all anyone can do, right? Is the process different for someone who overstayed so long? Are we going to run into problems if the boss is not an immigration attorney? Is AOS her only way? (I looked over all the other processes but AOS is the only one that does not require her to leave the country).

Now, please, I don't want to hear judgement for this person, just your input on how difficult the process will be. Thanks!!!

Wedding: September 6, 2005 in Salt Lake City

Sent I130 (finally!!!): November 3, 2005

NOA1: November 21, 2005

NOA2: March 30, 2006

November 23, 2005: cheque cashed

December 7, 2005: waiting waiting waiting...

December 14, 2005: sent I-129 petition

December 23, 2005: cheque cashed for I-129

December 28, 2005: NOA1

January 9, 2006: waiting waiting waiting!!!

February 6, 2006: RFE

February 15, 2006: RFE sent

February 23, 2006: I-129F APPROVED YAY!!!!!!!!!!!!!!!!!!!!!!!!!

March 21, 2006: Montreal sent Packet 3

March 30, 2006: I-130 APPROVED...WOW, REALLY?

April 1, 2006: Received Packet 3 (almost thought it was an April Fools joke :)

April 3 or 4, 2006: Packet 3 sent to Montreal

April 24, 2006 - Montreal receives the checklist (they better after 20 days!!!)

INTERVIEW JULY 27, 2006!!!

June 6, 2006 - Packet 4 received

July 27, 2006 - APPROVED!

July 29, 2006 - on the way home!

September, 2006 - I-130 case complete

January 10, 2007 - I-130 INTERVIEW!

APPROVED!!!!!!!

January 11, 2007 - Picked up passport with visa!

January 12, 2007 - I'm home

I-130 Process took 1 year, 2 months and 8 days

_______________________________________

Good luck to everyone here! There is hope yet!

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Filed: Timeline

An overstay is forgiven if married to a USC.... but he/she should not leave the USA until they have their greencard in hand...

Does this person know that the lawyer they are asking for help from does not know the basic info for immigratioin AOS??? may be your boss should advise this client to get a immigration lawyer...

Kez

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

That is what he is trying to decide.

Since I JUST went through immigration process, I can fill out all the paperwork and explain the process to them :)

Wedding: September 6, 2005 in Salt Lake City

Sent I130 (finally!!!): November 3, 2005

NOA1: November 21, 2005

NOA2: March 30, 2006

November 23, 2005: cheque cashed

December 7, 2005: waiting waiting waiting...

December 14, 2005: sent I-129 petition

December 23, 2005: cheque cashed for I-129

December 28, 2005: NOA1

January 9, 2006: waiting waiting waiting!!!

February 6, 2006: RFE

February 15, 2006: RFE sent

February 23, 2006: I-129F APPROVED YAY!!!!!!!!!!!!!!!!!!!!!!!!!

March 21, 2006: Montreal sent Packet 3

March 30, 2006: I-130 APPROVED...WOW, REALLY?

April 1, 2006: Received Packet 3 (almost thought it was an April Fools joke :)

April 3 or 4, 2006: Packet 3 sent to Montreal

April 24, 2006 - Montreal receives the checklist (they better after 20 days!!!)

INTERVIEW JULY 27, 2006!!!

June 6, 2006 - Packet 4 received

July 27, 2006 - APPROVED!

July 29, 2006 - on the way home!

September, 2006 - I-130 case complete

January 10, 2007 - I-130 INTERVIEW!

APPROVED!!!!!!!

January 11, 2007 - Picked up passport with visa!

January 12, 2007 - I'm home

I-130 Process took 1 year, 2 months and 8 days

_______________________________________

Good luck to everyone here! There is hope yet!

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Filed: AOS (apr) Country: Canada
Timeline

It seems to me that the person in question needs an immigration lawyer... if they want a lawyers help @ all it should be one that can actually help

~My AOS (K1)

Jan 19/07 NOA1

Feb 05/07 Transfered to CSC

Feb 08/07 Biometrics

Mar 30/07 Welcome notice sent

April 10/07 Card production ordered

April 13/07 Approval notice sent

April 16/07 Green card in hand

~My Sons AOS (K2) Age 11

Jan 19/07 NOA1

Feb 05/07 Transfered to CSC

Feb 08/07 Biometrics

Mar 30/07 Welcome notice sent

April 10/07 Card production ordered

April 13/07 Approval notice sent

April 16/07 Green card in hand

~My Daughters AOS (K2) Age 9

Jan 19/07 NOA1

Feb 07/07 RFE Snail mail

Feb 08/07 Biometrics

Feb 14/07 sent back RFE ~ Feb 21/07 email resp. RFE

Feb 29/07 Transfered to CSC !!

April 03/07 Card production ordered

April 04/07 Welcome notice sent

April 07/07 Welcome notice & Green card arrived

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Filed: AOS (apr) Country: Peru
Timeline

My husband overstayed his tourist visa since 2002 (long story) and we've been advised that he should have no issues adjusting as long as he leave the USA.

Hi all!

So I have a question...If someone entered on a visa waiver program and overstayed since 2002, then got married, is there a chance that her AOS will get approved? Assuming, of course, that there is a good reason for her to have stayed so long (which, by the way, I know nothing about).

My boss is trying to decide (lawyer, but not an immigration lawyer) whether we should help this person with the paperwork.

I mean, all the questions are going to come up in the interview, right? We can fill out all the paperwork for her for AOS, and that is all anyone can do, right? Is the process different for someone who overstayed so long? Are we going to run into problems if the boss is not an immigration attorney? Is AOS her only way? (I looked over all the other processes but AOS is the only one that does not require her to leave the country).

Now, please, I don't want to hear judgement for this person, just your input on how difficult the process will be. Thanks!!!

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
It seems to me that the person in question needs an immigration lawyer... if they want a lawyers help @ all it should be one that can actually help

Seems to ME that all a lawyer would do in this case is act as an agent and fill out the paperwork. You don't need to be an immigration lawyer to do that. It's a fairly simple process for them. No kids involved etc.

Wedding: September 6, 2005 in Salt Lake City

Sent I130 (finally!!!): November 3, 2005

NOA1: November 21, 2005

NOA2: March 30, 2006

November 23, 2005: cheque cashed

December 7, 2005: waiting waiting waiting...

December 14, 2005: sent I-129 petition

December 23, 2005: cheque cashed for I-129

December 28, 2005: NOA1

January 9, 2006: waiting waiting waiting!!!

February 6, 2006: RFE

February 15, 2006: RFE sent

February 23, 2006: I-129F APPROVED YAY!!!!!!!!!!!!!!!!!!!!!!!!!

March 21, 2006: Montreal sent Packet 3

March 30, 2006: I-130 APPROVED...WOW, REALLY?

April 1, 2006: Received Packet 3 (almost thought it was an April Fools joke :)

April 3 or 4, 2006: Packet 3 sent to Montreal

April 24, 2006 - Montreal receives the checklist (they better after 20 days!!!)

INTERVIEW JULY 27, 2006!!!

June 6, 2006 - Packet 4 received

July 27, 2006 - APPROVED!

July 29, 2006 - on the way home!

September, 2006 - I-130 case complete

January 10, 2007 - I-130 INTERVIEW!

APPROVED!!!!!!!

January 11, 2007 - Picked up passport with visa!

January 12, 2007 - I'm home

I-130 Process took 1 year, 2 months and 8 days

_______________________________________

Good luck to everyone here! There is hope yet!

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Filed: K-1 Visa Country: Mexico
Timeline
It seems to me that the person in question needs an immigration lawyer... if they want a lawyers help @ all it should be one that can actually help

Seems to ME that all a lawyer would do in this case is act as an agent and fill out the paperwork. You don't need to be an immigration lawyer to do that. It's a fairly simple process for them. No kids involved etc.

What makes this case NOT fairly simple is 5 year overstay. While overstay is generally forgiven via marriage to a USC (and the reason for the overstay is not considered), anyone dealing with a situation that could go either way should consult a qualified immigration attorney with experience adjusting from overstay. Lawyers actually do more than fill out paperwork - it's their job to advise clients on the law and how it may impact them.

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Filed: AOS (pnd) Country: Argentina
Timeline

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

AOS

01-29-07 - marriage

02-07-07 - AOS package mailed to Chicago

02-09-07 - AOS package delivered

02-13-07 - NOA1 date

02-21-07 - Biometrics letter

02-24-07 - NOA1 received

03-01-07 - Biometrics taken

03-15-07 - Transferred to The Sucky/Slow Center (TSC)... to "speed up" processing.

03-17-07 - Transferred notice e-mail

03-20-07 - Received TSC transfer letter

03-21-07 - application pending at TSC e-mail.

05-14-07 - Misinfopass appt. COMPLETE WASTE OF TIME.

06-05-07 - I-131 e-filed

06-11-07 - AP NOA1

07-09-07 - Received weird looking letter for AP, but online status hasn't changed

Last Touch - AOS 3/24, AP 7/03

aW1hZ2UucGhwPzQ2JkkrY291bGQraGF2ZStnb3R0ZW4rYStEZWxsJjAwMDAwMCYwMDAwMDAmMTImMTAmYyYwJjcmMiYyMDA3JjcmMCY0Mzc4NDcwMDExODEyMjE5ODguJw==.gif

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Filed: Timeline

I am amazed that you would advise someone that all you are doing is filling in the paperwork and acting as agent.... for anyone doing AOS from a VWP they should have their case looked over by a Immigration lawyer as there are risks involved in doing AOS from VWP... and they should have there individual circumstances checked to ensure they are doing the best thing in there situation.... I know if I was getting a lawyer to help me with my AOS that I would expect them to be able to advise me as to the best method of doing AOS for my case and be able to assist me if the case ran into problems...

But I guess as lng as your client knows that the lawyer that is helping them knows little or nothing about the immigration process and that the client is ok with this the that is there desission...

Kez

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Filed: Timeline
I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

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Filed: AOS (pnd) Country: Argentina
Timeline
I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

Edited by seldi

AOS

01-29-07 - marriage

02-07-07 - AOS package mailed to Chicago

02-09-07 - AOS package delivered

02-13-07 - NOA1 date

02-21-07 - Biometrics letter

02-24-07 - NOA1 received

03-01-07 - Biometrics taken

03-15-07 - Transferred to The Sucky/Slow Center (TSC)... to "speed up" processing.

03-17-07 - Transferred notice e-mail

03-20-07 - Received TSC transfer letter

03-21-07 - application pending at TSC e-mail.

05-14-07 - Misinfopass appt. COMPLETE WASTE OF TIME.

06-05-07 - I-131 e-filed

06-11-07 - AP NOA1

07-09-07 - Received weird looking letter for AP, but online status hasn't changed

Last Touch - AOS 3/24, AP 7/03

aW1hZ2UucGhwPzQ2JkkrY291bGQraGF2ZStnb3R0ZW4rYStEZWxsJjAwMDAwMCYwMDAwMDAmMTImMTAmYyYwJjcmMiYyMDA3JjcmMCY0Mzc4NDcwMDExODEyMjE5ODguJw==.gif

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hmm

Ok, thanks for your replies :)

We'll direct them to an imm lawyer

Wedding: September 6, 2005 in Salt Lake City

Sent I130 (finally!!!): November 3, 2005

NOA1: November 21, 2005

NOA2: March 30, 2006

November 23, 2005: cheque cashed

December 7, 2005: waiting waiting waiting...

December 14, 2005: sent I-129 petition

December 23, 2005: cheque cashed for I-129

December 28, 2005: NOA1

January 9, 2006: waiting waiting waiting!!!

February 6, 2006: RFE

February 15, 2006: RFE sent

February 23, 2006: I-129F APPROVED YAY!!!!!!!!!!!!!!!!!!!!!!!!!

March 21, 2006: Montreal sent Packet 3

March 30, 2006: I-130 APPROVED...WOW, REALLY?

April 1, 2006: Received Packet 3 (almost thought it was an April Fools joke :)

April 3 or 4, 2006: Packet 3 sent to Montreal

April 24, 2006 - Montreal receives the checklist (they better after 20 days!!!)

INTERVIEW JULY 27, 2006!!!

June 6, 2006 - Packet 4 received

July 27, 2006 - APPROVED!

July 29, 2006 - on the way home!

September, 2006 - I-130 case complete

January 10, 2007 - I-130 INTERVIEW!

APPROVED!!!!!!!

January 11, 2007 - Picked up passport with visa!

January 12, 2007 - I'm home

I-130 Process took 1 year, 2 months and 8 days

_______________________________________

Good luck to everyone here! There is hope yet!

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Share on other sites

Filed: Timeline
I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

May I sugest that unless you know then dont post... because this is how people pick up the wrong info and then make mistakes that can have a very big impact on there lives...

Kez

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Filed: AOS (pnd) Country: Argentina
Timeline
I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

May I sugest that unless you know then dont post... because this is how people pick up the wrong info and then make mistakes that can have a very big impact on there lives...

Kez

Most people with half brain know the difference between an opinion and a fact. Do you?

AOS

01-29-07 - marriage

02-07-07 - AOS package mailed to Chicago

02-09-07 - AOS package delivered

02-13-07 - NOA1 date

02-21-07 - Biometrics letter

02-24-07 - NOA1 received

03-01-07 - Biometrics taken

03-15-07 - Transferred to The Sucky/Slow Center (TSC)... to "speed up" processing.

03-17-07 - Transferred notice e-mail

03-20-07 - Received TSC transfer letter

03-21-07 - application pending at TSC e-mail.

05-14-07 - Misinfopass appt. COMPLETE WASTE OF TIME.

06-05-07 - I-131 e-filed

06-11-07 - AP NOA1

07-09-07 - Received weird looking letter for AP, but online status hasn't changed

Last Touch - AOS 3/24, AP 7/03

aW1hZ2UucGhwPzQ2JkkrY291bGQraGF2ZStnb3R0ZW4rYStEZWxsJjAwMDAwMCYwMDAwMDAmMTImMTAmYyYwJjcmMiYyMDA3JjcmMCY0Mzc4NDcwMDExODEyMjE5ODguJw==.gif

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I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

May I sugest that unless you know then dont post... because this is how people pick up the wrong info and then make mistakes that can have a very big impact on there lives...

Kez

Most people with half brain know the difference between an opinion and a fact. Do you?

Oh wow... calm down Seldi. The truth is that people DO pick up on mis-information (opinion or not) and can perpetuate it as fact. Kez was just trying to make sure there was no misunderstanding. No need to be so defensive or make personal attacks.

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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