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dannyphan91

Overatay for 3 years and interview coming up.

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Hello. 

I came here on F1 visa, I went to college for 1 years and quited school after that. I overstayed in the US for 3 years before I got my greencard through my wife.

I’ll have my interview soon. I wonder if they will bring back that issue? And will they denied my app?

thank you so much.

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You might have a fraud issue and could be in trouble. Warning! Professor lecture ahead!

Your actions are the reason it is getting more and more difficult to get visas. If you come here on a student visa and quit school, you should go home. Overstaying is against the law. I wouldn't do that in your country because I respect your laws. I have met many Vietnamese college students that don't care about the degree - they just want to get married and stay in the U.S. Many students (and former students) work illegally in nail salons and restaurants, often exploited for labor and other things. I wish you the best, but it angers me that foreign students so nonchalantly toss their visas and overstay - never receiving the degree they claimed they wanted. It can't last.

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4 hours ago, WandY said:

You might have a fraud issue and could be in trouble. Warning! Professor lecture ahead!

Your actions are the reason it is getting more and more difficult to get visas. If you come here on a student visa and quit school, you should go home. Overstaying is against the law. I wouldn't do that in your country because I respect your laws. I have met many Vietnamese college students that don't care about the degree - they just want to get married and stay in the U.S. Many students (and former students) work illegally in nail salons and restaurants, often exploited for labor and other things. I wish you the best, but it angers me that foreign students so nonchalantly toss their visas and overstay - never receiving the degree they claimed they wanted. It can't last.

Really? Are you serious right now? You could've kept all of this to yourself. OP, you will be fine!!. My parents brought me here on a visa at the age of 6, it expired and I overstayed. My oath ceremony is in 2 weeks and i will be an American Citizen!!

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8 hours ago, Radkova said:

Really? Are you serious right now? You could've kept all of this to yourself. OP, you will be fine!!. My parents brought me here on a visa at the age of 6, it expired and I overstayed. My oath ceremony is in 2 weeks and i will be an American Citizen!!

I hope he’s wrong. At that time I couldn’t not afford school fee. 

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Posted (edited)
13 hours ago, WandY said:

You might have a fraud issue and could be in trouble. Warning! Professor lecture ahead!

Your actions are the reason it is getting more and more difficult to get visas. If you come here on a student visa and quit school, you should go home. Overstaying is against the law. I wouldn't do that in your country because I respect your laws. I have met many Vietnamese college students that don't care about the degree - they just want to get married and stay in the U.S. Many students (and former students) work illegally in nail salons and restaurants, often exploited for labor and other things. I wish you the best, but it angers me that foreign students so nonchalantly toss their visas and overstay - never receiving the degree they claimed they wanted. It can't last.

Edited by dannyphan91
Please deleted

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18 hours ago, WandY said:

it angers me that foreign students so nonchalantly toss their visas and overstay

I feel the same way. I actually saw this post last week, but I tried to hold it for a few days.

 

4 hours ago, dannyphan91 said:

I hope he’s wrong. At that time I couldn’t not afford school fee. 

 

OP,  by laws, you will be fine. Overstaying is legally forgiven when you marry a US citizen. It probably won't even come up in the interview. They will just focus on the relationship between you and your wife.

 

However, I cannot condone your behavior and action. You were selfish when you decided to break the laws and overstay. So if you couldn't afford school fees, that's your justification for breaking the laws. That is not how our people behave. Yes, I am Vietnamese and long time ago, I came here on a student visa too.  You should feel ashamed of yourself for CHOOSING to break the laws, instead of doing the right thing, and return home. You can always come back if conditions permitted. Your actions have made it that much more difficult for the next generations of Vietnamese students who want to study in the US.

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38 minutes ago, USS_Voyager said:

I feel the same way. I actually saw this post last week, but I tried to hold it for a few days.

 

 

OP,  by laws, you will be fine. Overstaying is legally forgiven when you marry a US citizen. It probably won't even come up in the interview. They will just focus on the relationship between you and your wife.

 

However, I cannot condone your behavior and action. You were selfish when you decided to break the laws and overstay. So if you couldn't afford school fees, that's your justification for breaking the laws. That is not how our people behave. Yes, I am Vietnamese and long time ago, I came here on a student visa too.  You should feel ashamed of yourself for CHOOSING to break the laws, instead of doing the right thing, and return home. You can always come back if conditions permitted. Your actions have made it that much more difficult for the next generations of Vietnamese students who want to study in the US.

U’re not me so you will never understand my situation. When I first came here my parents business was very successful but then they have problems and have to shut down the business. I have no choice, so I decided to work to help and myself.

i think you should focus on your life , rather then judging people life if you don’t know their story. Thanks

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OP, it’s a good thing that whoever is berating you here aren’t the ones interviewing you. USCIS doesn’t care about why you overstayed as long as your relationship is bonafide. 


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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Posted (edited)
On 3/31/2019 at 12:54 AM, dannyphan91 said:

Hello. 

I came here on F1 visa, I went to college for 1 years and quited school after that. I overstayed in the US for 3 years before I got my greencard through my wife.

I’ll have my interview soon. I wonder if they will bring back that issue? And will they denied my app?

thank you so much.

I'm no immigration attourney or expert, but if it wasn't an issue while you were getting your green card, it's most than likely not an issue now. USCIS isn't the moral police, as long as you didn't conceal anything which in this case is likely impossible given that USCIS knew of your immigration status throughout the years, prior to giving you your green card, then you should in principal have no issues.

Edited by gnakr

Citizenship Journey:

 

(Month 1)-   N-400 sent: 12/20/17

(Month 2)-   Fingerprints: 01/11/18

(Month 8)-   Interview: 07/30/18

(Month 9)-   Oath Ceremony: 08/23/18

 

Officially a U.S. Citizen!



 

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Posted (edited)
18 hours ago, arken said:

OP, it’s a good thing that whoever is berating you here aren’t the ones interviewing you. USCIS doesn’t care about why you overstayed as long as your relationship is bonafide. 

 

11 hours ago, gnakr said:

SCIS isn't the moral police, as long as you didn't conceal anything which in this case is likely impossible given that USCIS knew of your immigration status throughout the years, prior to giving you your green card, then you should in principal have no issues.

 

As I mentioned, as long as the relationship is bona fide, the overstay is forgiven. It is likely that they won't even bring it up, because there is no point. 

 

My issue is with his intentional overstay. It's not only morally wrong, it is illegal. The act is forgiven, but it was still illegal. What I am really mad at, is that he does not pay the consequences for his actions, but rather other people will pay for it. By other people, I mean the next generations of F-1 students who have to appear at the same Consulate, and how much harder it is for them to convince the CO that they too, will come back and not overstay their visas. 

 

See, I have lots of sympathy for the DACA kids, because they had NO choice, they were kids. I don't have much sympathy for someone who is grown-up, and have CHOICES, but intentionally choose the illegal way because it is easier. Then they try to convince themselves they had no choice. Come on!

 

But I guess that's too much to ask. Who cares about other people, right? As long as I get what I want, why does it matter that the consequences of my actions will make life harder for other people?

Edited by USS_Voyager

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36 minutes ago, USS_Voyager said:

 

 

As I mentioned, as long as the relationship is bona fide, the overstay is forgiven. It is likely that they won't even bring it up, because there is no point. 

 

My issue is with his intentional overstay. It's not only morally wrong, it is illegal. The act is forgiven, but it was still illegal. What I am really mad at, is that he does not pay the consequences for his actions, but rather other people will pay for it. By other people, I mean the next generations of F-1 students who have to appear at the same Consulate, and how much harder it is for them to convince the CO that they too, will come back and not overstay their visas. 

 

See, I have lots of sympathy for the DACA kids, because they had NO choice, they were kids. I don't have much sympathy for someone who is grown-up, and have CHOICES, but intentionally choose the illegal way because it is easier. Then they try to convince themselves they had no choice. Come on!

 

But I guess that's too much to ask. Who cares about other people, right? As long as I get what I want, why does it matter that the consequences of my actions will make life harder for other people?

 

If USCIS is giving a platform for such stuffs, and people are using it, i have no complain. May be USCIS should stop allowing such stuffs, like making mandatory visa interview at the beneficiary’s home country rather than AOS.

 

What’s the difference between a person on a valid B2 or F1 visa marrying a US citizen and filing for AOS to the others who overstay or fall out of status then marry n file for AOS. For me they are the same who never returned and it’ll impact the visa approval of other fellow citizens.

 

My point is if USCIS allows it, it’s for a reason and we shudn’t be judging people for that.

 

 

 


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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1 minute ago, arken said:

My point is if USCIS allows it, it’s for a reason and we shudn’t be judging people for that.

They don't allow it. It is still illegal, it is just forgiven by laws, in the sake of keeping spouses of US citizens united. I am quite sure the people at USCIS aren't so fond of that law either, but they're legally bound by the law to allow it. 

 

Anyway, by his own admission, what happened here is: he came to the US on F-1, he ran out of money for his school, so he decided to become illegal and took a job (illegally) for 3 years, before he got married to a US citizen. My point is, when he ran out of money, he HAD a choice of returning home (which is what he was supposed to do) or staying and working illegally, and he chose the latter. It is wrong! 

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