Problem at Port of entry, ATL.

[bilson4real 2]

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.

[Transborderwife 4,666]

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.

[bilson4real 2]

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?

[D.Ba 85]

"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 ...

[bilson4real 2]

"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.

[Transborderwife 4,666]

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/

[JohnR! 5,495]

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.

[Pitaya 2,577]

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.

[KierenHby 897]

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 June 25, 2015 by KierenHby

[Expat1 971]

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 June 25, 2015 by Expat1

[Chris&Angel 5]

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.

[Chris&Angel 5]

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 June 25, 2015 by Chris&Angel

[Chris&Angel 5]

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.

[Shauneg 762]

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.

[NancyNguyen 1,657]

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.

they planned it already