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jagirl

British daughter in law (unofficially) overstayed

By jagirl in Adjustment of Status from Work, Student, & Tourist Visas

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jagirl Contributor

jagirl   8

Posted
Filed: IR-5 Country: Jamaica
 Timeline
Posted (edited)

My sons girlfriend came to visit from the UK (UK citizen) and subsequently overstayed. What can she do, if anything, to legalize her stay here. Any advice is appreciated.

Edited by jagirl
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Penguin_ie Grand Master

Penguin_ie   5,986

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

You call her a daughter in law, but also a girlfriend- are they legally married?

Why did she overstay?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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canadian_wife Grand Master

canadian_wife   1,791

Posted
Filed: Citizen (apr) Country: Canada
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Posted

Is she your daughter in law or not?

How long was the overstay?

Good luck

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178 DAYS FROM NOA-1

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Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
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Posted

They can get legally married, and then adjust her status.

How long has she overstayed for?

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

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NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

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jagirl Contributor

jagirl   8

Posted
Filed: IR-5 Country: Jamaica
 Timeline
  • Author
Posted

They have been together for 4 years as my son live in the UK for a while, he is a U.S. Citizen, as to why she overstayed, I surmise ignorance to the law thinking it was easy to adjust her status

Is your son a citizen?

Is your son a citizen?

Yes he is a U.S. Citizen

You call her a daughter in law, but also a girlfriend- are they legally married?

Why did she overstay?

They are talking about marriage

They can get legally married, and then adjust her status.

How long has she overstayed for?

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

Then they can aos with a bonifide marriage. But be aware that if she came on vwp, should aos be denied she cannot appeal it an would require to leave the country immediately. She would not be able to use vwp again.

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jagirl Contributor

jagirl   8

Posted
Filed: IR-5 Country: Jamaica
 Timeline
  • Author
Posted

Thanks for your response. So the vwp is something she physically had to apply for or is it given automatically? Pardon my ignorance, but just want to point her/them in the right direction as I know this road can be very tedious and confusing.

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

As I said, if she came on VWP there is no appeals process and since she overstayed she isn't eligible for vwp anymore. If a b2 she can appeal if adjustment of status is denied by uscis. Best to take a look at the guides here for what your son is going to have to do.

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Lemonslice Experienced

Lemonslice   4,553

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

Then they can aos with a bonifide marriage. But be aware that if she came on vwp, should aos be denied she cannot appeal it an would require to leave the country immediately. She would not be able to use vwp again.

she overstayed, so I think vwp is already out...
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Penguin_ie Grand Master

Penguin_ie   5,986

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

***** Moving from Bringing Family to AOS from Tourist Visa ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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