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Tonsofquestions

B-2 Visa overstay marrying US Citizen

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Good Afternoon everyone,

 

I ran into this forum recently and noticed how helpful a lot of the people where here, so I decided to make an account and share my story so I can hopefully gain some insight/answers to my situation. 

 

I entered the country legally with my parents  at the age of 4 on B-2 Visas which they overstayed.  Flash forward to 2012 when DACA was signed into action, I applied and was approved for 2 years. In 2014 I unfortunately and stupidly received a DUI and of course afterwards when I reapplied for DACA i was denied.  I stopped working for the company I was working for due to not having a valid work permit anymore, but unfortunately I still had to find a way to make money. I have worked several jobs since then with my actual social security number that was given to me when I applied for DACA. I currently work for a small business with that social as well.

 

I have been with my US Citizen girlfriend for 2 years which i deeply care about and love and we are planning to get married in the coming weeks and then filing I-130 and I-485. We live together and have tons of evidence to prove our marriage is legitimate and based on love. I have read that having worked without proper authorization is forgiven when adjusting status through marriage to a US citizen, so I should be completely honest about where i have worked and currently work in my application correct?

 

Also as far as my DUI, I did not kill anyone or cause a major car accident or anything like that. I was pulled over on my own and was just above the legal limit. I have consulted several lawyers  in the past and recently who have told me that this DUI would not be a problem for me when applying for AOS through marriage to a US Citizen. So I should be submitting my police records with my package correct?

 

If you guys could give me an tips/pointers or advice on my situation that would be extremely helpful.

 

Thank you very much.

Edited by Tonsofquestions

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You should answer all questions truthfully.....end of story.......good luck.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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24 minutes ago, Tonsofquestions said:

so I should be completely honest about where i have worked and currently work in my application correct?

That is the only legal option and only advice you will get on that item on VJ.

 

25 minutes ago, Tonsofquestions said:

Also as far as my DUI, I did not kill anyone or cause a major car accident or anything like that. I was pulled over on my own and was just above the legal limit. I have consulted several lawyers  in the past and recently who have told me that this DUI would not be a problem for me when applying for AOS through marriage to a US Citizen.

What was the exact charge/charges? Did you have a valid driver's license and registration?

The reason I ask is it can be considered a CIMT if you have a DUI while also violating any other laws.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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17 minutes ago, geowrian said:

That is the only legal option and only advice you will get on that item on VJ.

 

What was the exact charge/charges? Did you have a valid driver's license and registration?

The reason I ask is it can be considered a CIMT if you have a DUI while also violating any other laws.

 

I'll have to look into the exact name of the charge, but yes I had a valid license, registration, and insurance.

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I take it you have evidence you were inspected?


“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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"I have worked several jobs since then with my actual social security number that was given to me when I applied for DACA. I currently work for a small business with that social as well....so I should be completely honest about where i have worked and currently work in my application correct?"

 

Tell the complete truth, since they can easily see by your social security number when and where you've worked since you lost DACA. Lie and you can be permanently barred.

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20 minutes ago, Tonsofquestions said:

Thank you for the comments and advice guys. Do you guys think my case is complicated? Or should we have a easy time getting approved without the need of a lawyer? 

Your choice. Here is a link where somebody said that the IO did not care about the DUI: https://forums.immigration.com/threads/does-a-dui-affect-i-485-aos-green-card.233657/#post-1664529 But, this is your case; so you should weigh the risks accordingly.


Your Input Is Appreciated On This VJ Guide Proposal: 

 

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42 minutes ago, TM92 said:

Your choice. Here is a link where somebody said that the IO did not care about the DUI: https://forums.immigration.com/threads/does-a-dui-affect-i-485-aos-green-card.233657/#post-1664529 But, this is your case; so you should weigh the risks accordingly.

I think I'm going to go for the no lawyer route. I had previously spoken to a few Lawyers about this and they also told me that the DUI would not be a problem when applying for AOS through marriage to a citizen. Sometimes I just get a little concerned with USCIS policy changes depending on the controlling administration in the white house and the current one is not necessarily the most immigrant friendly one.

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4 minutes ago, Tonsofquestions said:

I think I'm going to go for the no lawyer route. I had previously spoken to a few Lawyers about this and they also told me that the DUI would not be a problem when applying for AOS through marriage to a citizen. Sometimes I just get a little concerned with USCIS policy changes depending on the controlling administration in the white house and the current one is not necessarily the most immigrant friendly one.

I see no difference whether the AOS is through marriage to a US citizen or not. Any attorney who told you that the DUI will been seen differently is an idiot, imo.......


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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3 minutes ago, Tonsofquestions said:

Do you guys know if I will be asked about my current employer at the interview? and why I'm working there without proper authorization? Is that something normally asked?

You might be asked, but it won't have any negative effect. 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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