Jump to content
Tonsofquestions

B-2 Visa overstay marrying US Citizen

 Share

14 posts in this topic

Recommended Posts

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
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

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

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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.”

Link to comment
Share on other sites

Filed: Timeline

"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.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: El Salvador
Timeline
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: 

 

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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.......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...