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Faycel and Renee

Came on visa overstayed 15 years

By Faycel and Renee in Adjustment of Status from Work, Student, & Tourist Visas

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Faycel and Renee Enthusiast

Faycel and Renee   30

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
Posted (edited)

Ok please move to correct forum if need to.

Ok I have a friend who came legally to the US on a visa in 2001 but they never stamped her visa. She got married in 2003 with an american and has 3 children now. She wants to become legal. She never adjusted due to financial burden. Can she? Is this going to require a lawyer? Please any advice would be appreciated.

Edited by Faycel and Renee
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Follow the VJ Guides and the overstay will be forgiven.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Ontarkie Grand Master

Ontarkie   14,275

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

~~Thread moved to OAS from Tourist, from CR1 Visas P&P~~

~~One non conductive post removed. Stick to answering the question(s) asked or do not post.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

EM_Vandaveer Experienced

EM_Vandaveer   2,408

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

Here is the the guide:

http://www.visajourney.com/content/i130guide2

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!

Caryh Grand Master

Caryh   5,206

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

You do not state what type of visa she arrived on. If she arrived on a K-1 and did not marry the petitioner, she will need to return home before getting a spousal visa to return.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

To adjust she needs to show inspected entry.

“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.”

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

If she entered as a visitor then yes. How do they know she entered? where did she enter from? what country is she from?

I think the hardest part is going to be PROVING she entered legally (ex. mexicans do run through the bushes alot and probably get questioned more about not showing a stamp). However, many years ago they didnt stamp and i am sure she can find a good lawyer who can petition for her a legal entry and she will be fine! I think she just needs a good lawyer to figure out how to get an approval where you entered legally but have no stamp.

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

If she entered as a visitor then yes. How do they know she entered? where did she enter from? what country is she from?

I think the hardest part is going to be PROVING she entered legally (ex. mexicans do run through the bushes alot and probably get questioned more about not showing a stamp). However, many years ago they didnt stamp and i am sure she can find a good lawyer who can petition for her a legal entry and she will be fine! I think she just needs a good lawyer to figure out how to get an approval where you entered legally but have no stamp.

She has to provide details of her entry and the I94 as part of the application.

“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.”

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Then she has a BIG problem.

“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.”

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

She can file a FOIA request with CBP and see if they have records showing she entered legally.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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