Is it still possible to adjust from tourist visa that was overstayed.

[Boiler 43,696]

Wish I had such friends.

 

Wish I had friends.

[EM_Vandaveer 2,370]

As long as she didn't claim to be a USC, illegal work is forgiven to spouses of USCs, just as overstaying is forgiven.

[Orangesapples 1,954]

4 hours ago, Diane and Chris said:

Question. You overstayed 2 years?  What were you doing during that time? Did you work?  

Irrelevant to the question asked in the OP. Unless she was involved in criminal activities then it really doesn't matter. She can adjust as long as the marriage is real. 

[dandk 72]

15 minutes ago, Orangesapples said:

Irrelevant to the question asked in the OP. Unless she was involved in criminal activities then it really doesn't matter. She can adjust as long as the marriage is real. 

Actually, it's relevant to the OP because if the person did work and claimed as US Citizen in the I-9 form then that's a whole lot another can of worm for AOS.

[David & Diana R 1,005]

3 hours ago, ocjmakaveli said:

This isnt for me. She wasnt working just staying with friends.

Yeah right.  The old "This isn't me, it's a friend" ploy and someone staying in the US for 2 years living entirely off friends graciousness.  Happens all the time I spose...

[ocjmakaveli 16]

2 hours ago, David & Zoila said:

Yeah right.  The old "This isn't me, it's a friend" ploy and someone staying in the US for 2 years living entirely off friends graciousness.  Happens all the time I spose...

I guess if it never happened to you then its entirely impossible it could ever happen to someone else. Are you 6?

 

 

[Orangesapples 1,954]

6 hours ago, dandk said:

Actually, it's relevant to the OP because if the person did work and claimed as US Citizen in the I-9 form then that's a whole lot another can of worm for AOS.

Then that's the relevant question to ask (has she claimed to be a US citizen?). Otherwise it comes up as judgemental and not helpful. 

 

Edited July 10, 2018 by Orangesapples

[NancyLyz 58]

If she has not claimed to be a US citizen to work, to claim any benefit, or to conduct any business, then she's probably fine. She may get grilled a bit in the interview considering she overstayed for 2 years but ultimately that wound't be the reason for them to deny her AOS application. If she has no criminal records, her overstay and illegal employment should be forgiven as a spouse to a USC.

 

Just be honest on the forms, don't lie about whether or not she has worked, especially if she has filed tax within the States before. Double check to see what she has claimed on the tax forms.

 

Hope it goes well for you. 

 

And for all those people who are questioning how she overstayed in the States without a valid working permit. Well, not all employers ask employees to fill in I-9 forms/some jobs are paid with cash, like being a nanny, an event staff, a cleaning lady, etc./She may have financial support from her home country like international students do/.

 

Whatever her case is, the OP didn't ask for a detective. He simply asked for suggestions. Let's keep the good tradition of VJ, being helpful and honest but not judgmental. 

[ocjmakaveli 16]

1 minute ago, NancyLyz said:

If she has not claimed to be a US citizen to work, to claim any benefit, or to conduct any business, then she's probably fine. She may get grilled a bit in the interview considering she overstayed for 2 years but ultimately that wound't be the reason for them to deny her AOS application. If she has no criminal records, her overstay and illegal employment should be forgiven as a spouse to a USC.

 

Just be honest on the forms, don't lie about whether or not she has worked, especially if she has filed tax within the States before. Double check to see what she has claimed on the tax forms.

 

Hope it goes well for you. 

 

And for all those people who are questioning how she overstayed in the States without a valid working permit. Well, not all employers ask employees to fill in I-9 forms/some jobs are paid with cash, like being a nanny, an event staff, a cleaning lady, etc./She may have financial support from her home country like international students do/.

 

Whatever her case is, the OP didn't ask for a detective. He simply asked for suggestions. Let's keep the good tradition of VJ, being helpful and honest but not judgmental. 

Thanks for your positive post. 

[TBoneTX 43,413]

The OP has indicated satisfaction with the objective answer amidst some judgmental posts, and this thread is now locked to further comment.