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Master Hearing when overstaying a tourist visa(merged)

By Orangatang in Adjustment of Status from Work, Student, & Tourist Visas

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Orangatang Rookie

Orangatang   6

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Hello all,

 

I am marrying my Fiance in the next week or two. She is from Venezuela and has overstayed her tourist visa (2 years now). She has her master hearing (final hearing) scheduled for Jan 8th, 2020. (We have already been to one hearing and she received a new court date in order to find a lawyer). We deiced the best route is marriage for us. 

 

I am going to bring the marriage certificate as well as proof of receipt of the appropriate USCIS documents.  Is there anything else I need?

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Orangatang
Orangatang

UPDATE:    We had our court date and everything went super smoothly. We have a continued court hearing in July 2020. This courtdate will most likely get pushed and only be in communication w

Orangatang
Orangatang

Thank you. Me as well. I am sure it will. There may be some back and forth but all of it will be solved online since I e-filed. Should be straight forward. I made a check list and checked it twice. 

Orangatang
Orangatang

Hello all,   I am marrying my Fiance in the next week or two. She is from Venezuela and has overstayed her tourist visa (2 years now). She has her master hearing (final hearing) scheduled fo

Going through Mentor

Going through   5,668

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Second the suggestion of a lawyer.

 

Marriages that happen while the (potential) beneficiary is in removal proceedings can tend to be presumed as one for immigration benefits only. 

You definitely will want to retain a rather good lawyer with experience in hearings.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

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Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

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Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Orangatang Rookie

Orangatang   6

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I did plan on going without a lawyer but I definitely understand your caution and I can definitely obtain one with good experience. I have met with a lawyer & she did mention if I do go the marriage route with my now Fiancé that I do it prior to the master hearing. 

 

 

 

I understand that she is in removal precedeings so that doesn’t make this situation any easier. From my understanding this will be the only hearing (Jan 8th 2020) I will need a lawyer in. Is that true? 

 

 

 

 

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Orangatang Rookie

Orangatang   6

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Has anyone on this forum gone to court and filed for a change of status without a lawyer during removal precedings? (For the person you were marrying is from another country and has overstayed their 6 month tourist visa).

 

How was the process for you?

What did you do?

What do you recommend?

 

 

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NikLR Grand Master

NikLR   13,220

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~~moved to general immigration discussion from K1 process and procedures. Topic is about immigration court not the K1 process~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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azblk Rising Star

azblk   338

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10 hours ago, Orangatang said:

Has anyone on this forum gone to court and filed for a change of status without a lawyer during removal precedings? (For the person you were marrying is from another country and has overstayed their 6 month tourist visa).

 

How was the process for you?

What did you do?

What do you recommend?

 

 

 I am not fond of lawyers but the statistics are stacked against you. 89% of the people in removal without a lawyer get deported vs only 20% of the people with a lawyer. Get a lawyer even if it means eating once a day. Going up against an ICE attorney by yourself is suicidal.

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Boiler Grand Master

Boiler   43,479

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I recommend a Lawyer, not DIY.

“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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Orangatang Rookie

Orangatang   6

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Hey! I am currently preparing my Fiance and I for her court date Jan 8th, 2020. This is her master hearing and we are going to file for AOS during the Master hearing. She has overstayed her tourist visa but has been in the USA since  Dec 2017 without leaving. I understand that we will need a lawyer but here are my two questions.

 

1. How long will it take her to get working papers once we get the paper work filed for the AOS?

2. Should I file the AOS paperwork prior to the court date or wait and pay the lawyer to work their magic so that we have more time to file that?

 

Thank you in advance.

 

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SalishSea Grand Master

SalishSea   16,782

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12 minutes ago, Orangatang said:

Hey! I am currently preparing my Fiance and I for her court date Jan 8th, 2020. This is her master hearing and we are going to file for AOS during the Master hearing. She has overstayed her tourist visa but has been in the USA since  Dec 2017 without leaving. I understand that we will need a lawyer but here are my two questions.

 

1. How long will it take her to get working papers once we get the paper work filed for the AOS?

2. Should I file the AOS paperwork prior to the court date or wait and pay the lawyer to work their magic so that we have more time to file that?

 

Thank you in advance.

 

AOS from what?  She cannot AOS if out of status.

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Going through Mentor

Going through   5,668

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Did you retain a lawyer as was suggested in previous threads?

 

There's no AOS for a fiancee---first step before any AOS paperwork filing would be legal marriage.

 

Keep in mind any marriage during removal proceedings may be looked upon as for immigration benefits only---might be a bit uphill battle to climb later on depending on evidence.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Canerican Rising Star

Canerican   242

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35 minutes ago, Orangatang said:

Hey! I am currently preparing my Fiance and I for her court date Jan 8th, 2020. This is her master hearing and we are going to file for AOS during the Master hearing. She has overstayed her tourist visa but has been in the USA since  Dec 2017 without leaving. I understand that we will need a lawyer but here are my two questions.

 

1. How long will it take her to get working papers once we get the paper work filed for the AOS?

2. Should I file the AOS paperwork prior to the court date or wait and pay the lawyer to work their magic so that we have more time to file that?

 

Thank you in advance.

 

May I ask how you are going to AOS when she has no conceivable way to AOS? Fiance(e)s cannot AOS unless they are on a K-1 visa. As well now that she has overstayed her visa and has no way of doing AOS she will probably get a 10 year ban for her overstay. In my opinion, y'all should have applied for the K-1 visa in December 2017 if you relationship was that serious. She would probably have been back to her country, back to the US and been close to getting a green card (GC). Now you are going before an Immigration Judge (IJ) without any way to AOS. In my opinion, IJ will probably deport her and then you guys either have to wait 10 years and apply again or have to get a waiver. This is going to be a lengthy process for you guys if she can immigrate in the future.

 

 

N400 - Naturalization                                                                                                        U.S. Passport

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Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled       Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                        Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

After 8 years of marriage divorced October 4, 2021

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

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Canerican Rising Star

Canerican   242

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Filed: Citizen (apr) Country: Canada
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On 12/3/2019 at 8:59 AM, Orangatang said:

I did plan on going without a lawyer but I definitely understand your caution and I can definitely obtain one with good experience. I have met with a lawyer & she did mention if I do go the marriage route with my now Fiancé that I do it prior to the master hearing. 

 

 

 

I understand that she is in removal precedeings so that doesn’t make this situation any easier. From my understanding this will be the only hearing (Jan 8th 2020) I will need a lawyer in. Is that true? 

You may want to retain a lawyer for this and other court dates, if necessary. 

Edited by CDN(ON)-USA(VT)

 

 

N400 - Naturalization                                                                                                        U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                  Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                         Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled       Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                        Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

After 8 years of marriage divorced October 4, 2021

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

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  • Ontarkie changed the title to Master Hearing when overstaying a tourist visa(merged)
Ontarkie Grand Master

Ontarkie   13,918

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~~Two related threads merged to the first. Please do not start more than one thread for the same or related questions.~~

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Met Playing Everquest in 2005
Engaged 9-15-2006
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Filed 05-09-07
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Entry 05-06-08
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Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
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Interview 01-12-12
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Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

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Interview 05/29/14

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

 

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