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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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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
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Posted

Obviously she is deportable if she is picked up.

“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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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Hi,

Two choices.

1. Remain single and illegal; or

2. Marry a US citizen so she can adjust status and get a green card to be legal.

Those are her two choices for staying here. There is no way for her to become legal as his girlfriend. She can only get legal status as his wife.

Best of luck

P.S. Choice 3 would be to leave the US. However, she is unlikely to be allowed back to the US for awhile (years) because of the overstay.

Edited by aaron2020
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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
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Posted

Their call, their situation, if they are not interested nothing you can do.

“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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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Whether she came on VWP or B2, she overstayed, no bid deal. Let them marry, have your son file for i130, i485, i765, i131 for her simultaneously with all relevant information espacially bonafide marriage and relationship. If everything goes well, she will get EAD within few months to be able to work legally and get conditional GC after several months.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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jagirl Contributor

jagirl   8

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

Whether she came on VWP or B2, she overstayed, no bid deal. Let them marry, have your son file for i130, i485, i765, i131 for her simultaneously with all relevant information espacially bonafide marriage and relationship. If everything goes well, she will get EAD within few months to be able to work legally and get conditional GC after several months.

Thanks Arken, much appreciated the detailed response

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Maria TH Explorer

Maria TH   20

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

Their call, their situation, if they are not interested nothing you can do.

If I was not interested I would not have come here and presented the issue. Sarcasm not appreciated!!!

I think Boiler meant if your son and his girlfriend are not interested, nothing you (mother) can do about it....

As others state, your son & his girl friend should get married and adjust her status.

Here is the guide http://www.visajourney.com/content/i130guide2

Edited by Maria TH

Naturalization

04/22/15 (Day 0) N-400 Package sent

08/03/15 Interview - Recommend for Approval

08/18/15 Oath Ceremony

ROC

12/17/2013 (Day 0) ROC Package sent

12/23/2013 (Day 7) NOA date

01/27/14 (Day 43) Biometric Appointment

03/14/14 Case transferred to CSC

05/16/14 New Card Received

AOS from B2
11/14/2011 (Day 0) AOS Package sent (I-130, I-485, I-765)
11/15/2011 (Day 1) Package received by USCIS

12/12/2011 Biometrics Appointment
01/28/2012 (Day 74) EAD Card in hands
02/02/2012 (Day 79) Received letter of Interview Notice
03/02/2012 (Day 108) Interview - Dallas
03/21/2012 (Day 127) Green Card in Hands!

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
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Posted

I think Boiler meant if your son and his girlfriend are not interested, nothing you (mother) can do about it....

I did and I thought I said that.

“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   43,048

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

A noncontributory post and reaction to it have been removed.

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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EM_Vandaveer Experienced

EM_Vandaveer   2,368

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

They can get married and file for her AOS (to get a Green Card), overstay is forgiven for immediate relatives of US citizens (e.g. spouse).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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