20+ year B-2 visa overstay, now married to US citizen

[Lucky2Lucky 2,526]

1 hour ago, usmsbow said:

There are plenty of Mexicans and Central Americans who have flown under the radar. 

 

Here is an article in the NY Times about some employees at a bar in Oakland, CA. One of the employees, from Mexico, has been here since 1998. Another from Guatemala became a legal resident last year, but sounds like he was here illegally for over a decade. 

 

https://www.nytimes.com/2020/06/11/business/coronavirus-california-lockdown-small-business.html

 

And that's just 1 small bar in Oakland. I imagine that's par for the course for many in the bar/restaurant industry.

 

 

I’m well aware. I’m being facetious in that certain groups have always been targeted more than others. Anyways that doesn’t help the OP here nor there.

[Boiler 47,536]

I have seen overstays much longer than this who have adjusted all you need is evidence of being inspected.

[HRQX 4,146]

2 hours ago, jlc201 said:

And most important: DO NOT LEAVE THE COUNTRY UNTIL YOUR STATUS IS LEGALIZED. Otherwise, you will trigger a hefty ban and be barred from returning for 10 years, regardless of your marriage.

@Lucas Janer could use AP while waiting for I-485 adjudication. I've seen many AP holders with double the length of overstay re-enter the US. AP travel is very low risk; secondary inspection is routine and should be expected. That being said, only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry to the US.

9 hours ago, Lucas Janer said:

I have a basic understanding of Petition for Alien Relative and Adjustment of Status, etc forms and processes.

Have you already filed I-130, I-485, I-765, and I-131 packets? If not, at least file I-130 and I-485 packets ASAP to avoid fee changes on Oct. 2nd. If that is done, you can file I-765 and/or I-131 packets later for free; see "Table 4: Filing Fee Exemptions" on Pages 161-171: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf

 

File with the fastest shipping speed that FedEx, UPS, or DHL offers. USPS is having major delays in Chicago area. Even "next day" packages are taking weeks there.

 

[pazzee 29]

Hey, my situation was very similar to yours.  Arrived in the states on a B2 Visa as a child. My overstay was at the 27 year mark when I applied for AOS for marrying USC (same-sex couple as well). The immigration officer never asked me any questions about my overstay.  All the questions were about our relationship. She didn't even ask anything about my work record or anything like that. Good luck!

[Calicolom 269]

10 hours ago, Nat&Amy said:

It's not going to look good, but overstay and illegal work are forgiven for spouses of US citizens so you are not going to get a denial for that. They can ask questions, of course. And depending on the officer you get, yes, you are going to get asked a lot of questions because they will be trying to catch you lying - and lying can and will get you a denial, so always tell the truth.

It is not forgiven by the IRS

[NikLR 13,234]

2 hours ago, Calicolom said:

It is not forgiven by the IRS

depends if the OP made enough to file or not.  Sounds like most of their stay has been on the generosity of others.

[HRQX 4,146]

16 minutes ago, NikLR said:

Sounds like most of their stay has been on the generosity of others.

For 20+ years? And from OP's profile it looks like OP currently lives in NYC (unknown since when) which has high cost of living.

 

If income was ever more than the filing threshold, hopefully OP followed the law by filing with ITIN.

Edited September 21, 2020 by HRQX

[scorr77 14]

On 9/20/2020 at 10:24 AM, Lucas Janer said:

I have a basic understanding of Petition for Alien Relative and Adjustment of Status, etc forms and processes. I am asking as the beneficiary, having recently married a US citizen.  What will USCIS ask about my overstay of more than 20 years?  What complications will arise?  I have no criminal record or legal issues at all other than those related to immigration status.  My spouse has sufficient income required to show ability to provide support.  Other than my I94 and some visits to my consulate to keep my passport current, there may be no official documentation that I’ve been in the US for 20 years, including no banking, no tax or employment records, no lease, no driver license, etc. I’ve supported myself through sporadic part time work paid in cash and some support from my family overseas – only ever enough to get by.  At times I’ve lived with friends and previous romantic partners who didn’t charge me rent. At times I lived in sublets with people in similar status where I paid minimal rent.  I’ve known my spouse through mutual friends for many years but in the past few years became romantically involved and got married. We’re a same sex couple so for me marriage to anyone wasn’t possible until 2015. What are the risks to me and my spouse?

My husband was an overstay of 15 years and we had no issues but we do have a child together.

[Cjab 1]

On 8/28/2020 at 9:16 AM, sweetadams said:

The officer is right in asking you to speak with a tier 2 officer(they are the real immigration officers with better knowledge of your specific case). Since you already had an interview, I would suggest you call if you haven't done so to confirm your case.

 

On 9/20/2020 at 10:24 AM, Lucas Janer said:

I have a basic understanding of Petition for Alien Relative and Adjustment of Status, etc forms and processes. I am asking as the beneficiary, having recently married a US citizen.  What will USCIS ask about my overstay of more than 20 years?  What complications will arise?  I have no criminal record or legal issues at all other than those related to immigration status.  My spouse has sufficient income required to show ability to provide support.  Other than my I94 and some visits to my consulate to keep my passport current, there may be no official documentation that I’ve been in the US for 20 years, including no banking, no tax or employment records, no lease, no driver license, etc. I’ve supported myself through sporadic part time work paid in cash and some support from my family overseas – only ever enough to get by.  At times I’ve lived with friends and previous romantic partners who didn’t charge me rent. At times I lived in sublets with people in similar status where I paid minimal rent.  I’ve known my spouse through mutual friends for many years but in the past few years became romantically involved and got married. We’re a same sex couple so for me marriage to anyone wasn’t possible until 2015. What are the risks to me and my spouse?

You are fine as long as it's not fraud. Dont worry, pray and hope .

[Xia Angela 5]

On 9/20/2020 at 9:41 PM, NikLR said:

Strangely none provided the relationship is genuine.  Overstay is ignored for USC spouses. Even overstay of 20+ years. 

Nope,waiver 601may apply. Depends when he will have intrview later

[scorr77 14]

My husband is Mexican and overstayed 15 years. Not once did the interview officer ask about the overstay or his work here while he overstayed. 

[geowrian 22,339]

3 hours ago, Xia Angela said:

Nope,waiver 601may apply. Depends when he will have intrview later

Source?

USCIS Policy Manual explicitly says otherwise: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Quote

B. Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

• The applicant is now employed or has ever been employed in the United States without authorization; 

• The applicant is not in lawful immigration status on the date he or she files the adjustment application; 

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 

• The applicant has ever violated the terms of his or her nonimmigrant status. 

 

If there were to leave the US and then trey to get a visa, then yes, the bar would apply. But unless they leave, there is no ban, and they are eligible to AOS.

[Xia Angela 5]

16 minutes ago, geowrian said:

Source?

USCIS Policy Manual explicitly says otherwise: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

If there were to leave the US and then trey to get a visa, then yes, the bar would apply. But unless they leave, there is no ban, and they are eligible to AOS.

May apply i wrote that and depends like i said,my friend she denied at intrview 2 months ago CR1 - Indonesia and the officer at embassy suggest her to get 601 waiver and their lawyer working on it until know no news. She overstayed on her tourist visa before

[Boiler 47,536]

1 minute ago, Xia Angela said:

May apply i wrote that and depends like i said,my friend she denied at intrview 2 months ago CR1 - Indonesia and the officer at embassy suggest her to get 601 waiver and their lawyer working on it until know no news. She overstayed on her tourist visa before

So a very different situation to this. 

[geowrian 22,339]

5 minutes ago, Xia Angela said:

May apply i wrote that and depends like i said,my friend she denied at intrview 2 months ago CR1 - Indonesia and the officer at embassy suggest her to get 601 waiver and their lawyer working on it until know no news. She overstayed on her tourist visa before

So she left the US and did a visa interview abroad. Yes, there is a ban in that case, as I noted above. But that is not the OP's situation.