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lost.n.how

Which k form for an illegal resident

By lost.n.how in K-1 Fiance(e) Visa Process & Procedures

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lost.n.how Newbie

lost.n.how   0

Posted
Filed: Timeline
Posted

If someone can please help or give advice???? I am a U.S citizen and i have been dating this girl whose student visa expired. I was tryin to find out the best way of getting her legalized. I dont want to send her back and she doesnt want to go back. She has family here, but not her parents. If worst comes to worst, i would go back with her to her country but when we get married how will i get her to come back to the states. Would it be better to get married her or overseas??? Any advice is welcomed. Thanx

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted

She COULD possibly have changed status (using I-539) to B-2 prior to the student visa expiry. IMO, you need to go to consult with an attorney rightaway.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Ladylethal Grand Master

Ladylethal   12

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

If her visa is expired, most likely she'll have the 5 year ban on her and she'll have to file for a waiver. I'd fly her back home the soonest as possible and start things the legal way.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!
10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE
AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!
REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!
NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
If someone can please help or give advice???? I am a U.S citizen and i have been dating this girl whose student visa expired. I was tryin to find out the best way of getting her legalized. I dont want to send her back and she doesnt want to go back. She has family here, but not her parents. If worst comes to worst, i would go back with her to her country but when we get married how will i get her to come back to the states. Would it be better to get married her or overseas??? Any advice is welcomed. Thanx

If she is currently in the US, marry here and submit I-130 and I-485 to adjust status. She should NOT leave the U.S. until after AOS is complete and she has permanent residence. Her overstay will be forgiven upon a successful AOS, but won't be forgiven even if she has Advance Parole at a POE.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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AndyMisiu Proficient

AndyMisiu   0

Posted
Filed: K-1 Visa Country: Poland
 Timeline
Posted

Consult several lawyers and gather a consensus of how this will work for you. Then you will pick the lawyer that you feel will represent you best.

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

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Heracles Grand Master

Heracles   417

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
If she is currently in the US, marry here and submit I-130 and I-485 to adjust status. She should NOT leave the U.S. until after AOS is complete and she has permanent residence. Her overstay will be forgiven upon a successful AOS, but won't be forgiven even if she has Advance Parole at a POE.

Seems like the best advice..

According to the Internal Revenue Service, the 400 richest American households earned a total of $US138 billion, up from $US105 billion a year earlier. That's an average of $US345 million each, on which they paid a tax rate of just 16.6 per cent.

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Sacha Contributor

Sacha   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

If someone can please help or give advice???? I am a U.S citizen and i have been dating this girl whose student visa expired. I was tryin to find out the best way of getting her legalized. I dont want to send her back and she doesnt want to go back. She has family here, but not her parents. If worst comes to worst, i would go back with her to her country but when we get married how will i get her to come back to the states. Would it be better to get married her or overseas??? Any advice is welcomed. Thanx

If she is currently in the US, marry here and submit I-130 and I-485 to adjust status. She should NOT leave the U.S. until after AOS is complete and she has permanent residence. Her overstay will be forgiven upon a successful AOS, but won't be forgiven even if she has Advance Parole at a POE.

I would agree with this too! :thumbs:

You should get married and apply for AOS as long as her initial intent of entering America wasn't for marriage, which it wasn't (because she was on a student visa).

2nd March 2006 - I-129F Sent

13th March 2006 - NOA1 & Cheque cashed

30th June 2006 - Received RFE re IMBRA

3rd July 2006 - Mailed RFE to CSC

4th July 2006 - Touched re RFE

5th July 2006 - Touched

18th July 2006 - Touched confirmed receipt for RFE. #######?! I know they received the RFE on 4th July!! Skanks!!!

17th August 2006 - NOA2 finally!!!

11th September 2006 - Package 3 sent to US Consulate (DS-230 part 1, DS-156, DS-156K)

8th October 2006 - Sent checklist to Consulate to confirm that all documents are available for interview

13th October 2006 - Medical (11:30am) - Friday 13th Aaaaaaaaaargh!!!

7th December 2006 - Interview at 10am

7th December 2006 - Consular requested "Proof of non-existence of birth certificate"

15th December 2006 - Courier picked up "Proof of non existence of birth certficate" - what I did? I contacted my lawyer in Vietnam and asked him to search for my NON-EXISTENCE birth certificate and had him write an affidavit of his finding. What a waste of time and money!!

22nd December 2006 - K1 Approved. Finally!

www.johnandtuyen.com

Character is destiny

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aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

If she is currently in the US, marry here and submit I-130 and I-485 to adjust status. She should NOT leave the U.S. until after AOS is complete and she has permanent residence. Her overstay will be forgiven upon a successful AOS, but won't be forgiven even if she has Advance Parole at a POE.

Seems like the best advice..

I agree. Would like to add.....a consult with a lawyer skilled in family immigration would also not go astray.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

Infidel,

Might be. Then again it might not be. lost.n.how gave very little information about the situation, a superficial high-level summary. Many posters reveal additional information over time that sometimes alters things significantly.

The best advice was to consult with an immigration attorney, who can ask the pertinent questions and review the alternatives based on fuller knowledge of the details of the situation.

Yodrak

If she is currently in the US, marry here and submit I-130 and I-485 to adjust status. She should NOT leave the U.S. until after AOS is complete and she has permanent residence. Her overstay will be forgiven upon a successful AOS, but won't be forgiven even if she has Advance Parole at a POE.

Seems like the best advice..

Edited by Yodrak
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