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bilson4real

Problem at Port of entry, ATL.

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Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions, She spent almost five months on each visits before departing the US back to her home country. On her third visit to America, she was stopped and questioned for several hours by an immigration officer at the Port of Entry, ATL. The immigration officer questioned her, why she stayed in the States for almost five months on her previous two visits, and now she came back on a third visit less than two months she departed America. She explained why she stay that long on the two previous visit, and why she came back again (just decided to have a long stay/rest). Well, to cut the story short, the immigration officer gave her 60 days to depart US, and wrote on her passport, "No Adjustment of Status, NO Extension of stay". What is the implication of these handwritten restrictions on her passport, incase she decides to get married to her fiancee, here in the US? I have a feeling that the renewal of her Visa will be denied, if she decides to return home. She wants to stay here in the state, marry to her fiance, and adjust her status. Can she defy the NOTE on her passport? Please, advise.

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There are people who have successfully AOS'd with written notes by an IO. However there is no guarantee that she will be able to. They're on to her and how much time she's spending here. Best to spend some more time in her home country before she's outright refused entry.

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There are people who have successfully AOS'd with written notes by an IO. However there is no guarantee that she will be able to. They're on to her and how much time she's spending here. Best to spend some more time in her home country before she's outright refused entry.

Thanks for your timely response. So, you mean she could still adjust her status with the note on her passport? Do you know the legality or otherwise of the written note by the IO?

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"She wants to stay here in the state, marry to her fiance, and adjust her status."

She wants to do this now? Then she should have applied for a K-1.

AOS from a tourist visa is possible with spontaneous weddings. This doesn't quite sound like it ...

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"She wants to stay here in the state, marry to her fiance, and adjust her status."

She wants to do this now? Then she should have applied for a K-1.

AOS from a tourist visa is possible with spontaneous weddings. This doesn't quite sound like it ...

She never planned to stay beyond the allowed stay. The new development and the fear that her soon-to-expire Visa might no be renewed if she departs the US back to her home country, hence the impromptu decision to marry her fiance and AOS.

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Thanks for your timely response. So, you mean she could still adjust her status with the note on her passport? Do you know the legality or otherwise of the written note by the IO?

Legalities I'm unsure of but here are some threads to view:

http://www.visajourney.com/forums/topic/269677-urgent-help-required-no-aoseoscos/

http://www.visajourney.com/forums/topic/248764-does-this-constitute-visa-fraud/

http://www.visajourney.com/forums/topic/256931-a-little-scared-please-help-ease-our-minds/

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Provided that she disclosed to the IO that she was coming to visit her fiance she should not have any issues. If she lied to the IO and the interview was recorded she may end up having trouble going the AOS route, if her ultimate goal was to enter and AOS, which is considered fraud.

If she wants to stay here in the US, she should go home and have her fiance apply for a K-1 visa. She can certainly challenge the annotation on her passport and that is a call only she can make.

Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions, She spent almost five months on each visits before departing the US back to her home country. On her third visit to America, she was stopped and questioned for several hours by an immigration officer at the Port of Entry, ATL. The immigration officer questioned her, why she stayed in the States for almost five months on her previous two visits, and now she came back on a third visit less than two months she departed America. She explained why she stay that long on the two previous visit, and why she came back again (just decided to have a long stay/rest). Well, to cut the story short, the immigration officer gave her 60 days to depart US, and wrote on her passport, "No Adjustment of Status, NO Extension of stay". What is the implication of these handwritten restrictions on her passport, incase she decides to get married to her fiancee, here in the US? I have a feeling that the renewal of her Visa will be denied, if she decides to return home. She wants to stay here in the state, marry to her fiance, and adjust her status. Can she defy the NOTE on her passport? Please, advise.


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Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions, She spent almost five months on each visits before departing the US back to her home country. On her third visit to America, she was stopped and questioned for several hours by an immigration officer at the Port of Entry, ATL. The immigration officer questioned her, why she stayed in the States for almost five months on her previous two visits, and now she came back on a third visit less than two months she departed America. She explained why she stay that long on the two previous visit, and why she came back again (just decided to have a long stay/rest). Well, to cut the story short, the immigration officer gave her 60 days to depart US, and wrote on her passport, "No Adjustment of Status, NO Extension of stay". What is the implication of these handwritten restrictions on her passport, incase she decides to get married to her fiancee, here in the US? I have a feeling that the renewal of her Visa will be denied, if she decides to return home. She wants to stay here in the state, marry to her fiance, and adjust her status. Can she defy the NOTE on her passport? Please, advise.

She can try to defy the note put into her passport by the (likely) CBP officer (Federal law enforcement officer). HOWEVER, that is not likely a wise decision, and would likely be a decision that could result in dire immigration issues for her down that road, and possibly further legal repercussions. In general, it is illegal under the United States Code to ignore or refuse to follow a lawful order that is given by a Federal law enforcement officer. It is highly probable that a USCIS immigration officer would eventually see that notation, and then she would likely have to deal with the consequences of attempting to explain why she chose to ignore that specific notation in her passport. That very likely would not a good position to be in at an immigration interview with a USCIS immigration officer.

YMMV,

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

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She's (very) likely to run into issues adjusting. No means No!

She came close to abusing her B2 twice, then returns 2 months following her prior. I don't know about anyone else here, but this has shady written all over.

Imagine other legit b2 applicants.. they'll be denied because of this!

Edited by KierenHby

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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She's (very) likely to run into issues adjusting. No means No!

She abused her B2 twice, then returns 2 months following her prior. I don't know about anyone else here, but this has shady written all over.

Imagine other Nigerian legit b2 applicants.. they'll be denied because of this!

Nothing about that story indicates that the B visa was "abused". It will be if they get married and file for AOS though.

Edited by Expat1

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http://travel.state.gov/content/visas/english/visit/visitor.html#overview

This person over-stayed a B2 90 Days Visa by 60 days on her 2 previosu trips to the US, even under the Visa Waiver Program the maximum length of the Visa per stay is capped at 90 days.

Will this effect any future Visitations or a filed petition, I can't say, but I wouldn't be surprised if the issue isn't brought up in a petition phase of a K1 or IR1/CR1, namely the 120 day over-stay.


Met onilne 17 Jan 2012, via skype & yahoo IM

Married 4 Dec 2013

I-130 Filed 1/24/2014

I-130 NOA1 2/7/2014

I-130 NOA2 7/11/2014 Approved

I-130 Package Sent to NVC 7/31/2014

I-130 Package Received at NVC 8/4/2014

Case Uploaded 8/13/2014

Received Case # and Invoice # 8/15/2014

DS-261 Completed 8/27/2014

AOS Fee Paid and Cleared Bank 8/29/2014

AOS Package sent to NVC 8/30/2014

AOS Package Received at NVC 9/2/2014

IV Fee Email Received 9/27/2014

IV Fee Bill Payment Made 9/27/2014

COC for Malayisa Applied Online 9/27/2014

COC for Singapore Applied for at Local Office 9/29/2014, pick-up date 13 Oct 20

DS-260 Completed 10/2/2014

IV Fee's Mark as Paid by NVC 9/30/2014

IV Packet Sent to NVC on 16 Oct 2014

IV Packet Received at NVC 17 Oct 2014

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http://www.uscis.gov/i-539#

Extensions beyond 90 days, must be requested/filed with USCIS 45 days in advance of the 90 day B2 Visa entry date. Cost of the Extension $290.00.

Edited by Chris&Angel

Met onilne 17 Jan 2012, via skype & yahoo IM

Married 4 Dec 2013

I-130 Filed 1/24/2014

I-130 NOA1 2/7/2014

I-130 NOA2 7/11/2014 Approved

I-130 Package Sent to NVC 7/31/2014

I-130 Package Received at NVC 8/4/2014

Case Uploaded 8/13/2014

Received Case # and Invoice # 8/15/2014

DS-261 Completed 8/27/2014

AOS Fee Paid and Cleared Bank 8/29/2014

AOS Package sent to NVC 8/30/2014

AOS Package Received at NVC 9/2/2014

IV Fee Email Received 9/27/2014

IV Fee Bill Payment Made 9/27/2014

COC for Malayisa Applied Online 9/27/2014

COC for Singapore Applied for at Local Office 9/29/2014, pick-up date 13 Oct 20

DS-260 Completed 10/2/2014

IV Fee's Mark as Paid by NVC 9/30/2014

IV Packet Sent to NVC on 16 Oct 2014

IV Packet Received at NVC 17 Oct 2014

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Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions, She spent almost five months on each visits before departing the US back to her home country. On her third visit to America, she was stopped and questioned for several hours by an immigration officer at the Port of Entry, ATL. The immigration officer questioned her, why she stayed in the States for almost five months on her previous two visits, and now she came back on a third visit less than two months she departed America. She explained why she stay that long on the two previous visit, and why she came back again (just decided to have a long stay/rest). Well, to cut the story short, the immigration officer gave her 60 days to depart US, and wrote on her passport, "No Adjustment of Status, NO Extension of stay". What is the implication of these handwritten restrictions on her passport, incase she decides to get married to her fiancee, here in the US? I have a feeling that the renewal of her Visa will be denied, if she decides to return home. She wants to stay here in the state, marry to her fiance, and adjust her status. Can she defy the NOTE on her passport? Please, advise.

Better get a Lawyer, and explain to him/her why she over-stayed her Visa twice, your friend has a problem with no easy answer.


Met onilne 17 Jan 2012, via skype & yahoo IM

Married 4 Dec 2013

I-130 Filed 1/24/2014

I-130 NOA1 2/7/2014

I-130 NOA2 7/11/2014 Approved

I-130 Package Sent to NVC 7/31/2014

I-130 Package Received at NVC 8/4/2014

Case Uploaded 8/13/2014

Received Case # and Invoice # 8/15/2014

DS-261 Completed 8/27/2014

AOS Fee Paid and Cleared Bank 8/29/2014

AOS Package sent to NVC 8/30/2014

AOS Package Received at NVC 9/2/2014

IV Fee Email Received 9/27/2014

IV Fee Bill Payment Made 9/27/2014

COC for Malayisa Applied Online 9/27/2014

COC for Singapore Applied for at Local Office 9/29/2014, pick-up date 13 Oct 20

DS-260 Completed 10/2/2014

IV Fee's Mark as Paid by NVC 9/30/2014

IV Packet Sent to NVC on 16 Oct 2014

IV Packet Received at NVC 17 Oct 2014

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She never planned to stay beyond the allowed stay. The new development and the fear that her soon-to-expire Visa might no be renewed if she departs the US back to her home country, hence the impromptu decision to marry her fiance and AOS.

What you wrote in the first post says it all. She was living here, without saying those words. Of course she intended to stay here, if it's easy for us to see it will be for immigration which it why they stamped her passport. If she wants to marry, just go home and file like everyone else, why risk all the trouble that may be caused.

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What you wrote in the first post says it all. She was living here, without saying those words. Of course she intended to stay here, if it's easy for us to see it will be for immigration which it why they stamped her passport. If she wants to marry, just go home and file like everyone else, why risk all the trouble that may be caused.

:thumbs: they planned it already


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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