Cocomessan

1 minute ago, geowrian said:

Overstay is one form of being out of status (illegal). Nothing new is here...being out of status means you can be stopped and deported at any time.  Enforcement seems to be up recently with the new administration, but it's nothing new. Once you file for AOS, your NOA1 + marriage certificate is proof of your now-legal status.

OK thank you for the clarification.

I guess what I wanted to know is if someone on this forum (or that you guys know) has been randomly stopped, search and deported ever since these new laws. Everything has been reinforced ever since Trump election. 

I guess I'm just paranoid. Thnx anyway people.

2 minutes ago, geowrian said:

Marriage certificate* (the license is what you  get before the wedding).

 

You can be stopped anywhere. But if you're legally then it's not an issue so there's nothing to worry about. Why would you be worried?

Overstay means illegal right? Or am I not understanding? I'm from Holland by the way.

Trump have all these new policies against undocumented immigrants. I assume that once you are overstaying you are undocumented... that's why I'm worried. Please correct me if I'm wrong.

1 minute ago, cookiesandlove said:

Hi there,

Waiver visa, how many days left have you got? You should be alright if you are 'legal' to stay. 

Didnt you guys submit marriage certificate? I would have thought marriage license is just a license to get married and has an expiry date.. 

 

Which country are you from? 

Hi, yes I meant marriage certificate. We are married.

I have now overstayed for 2 weeks. We made that decision of overstaying based on us deciding to apply for AOS.

Hi there, 

I'm about to do the same thing...

Exceptionnel that I'm coming from. WAIVER VISA. Our AOS packet is almost ready to be sent. We decided to make our case strong by including some more evidences other than pictures and marriage licence. So we waiting on that last evidence that should come in the mail soon. Every other thing is done (except properly assembly the packet).

HOWEVER I am soooo worried about all these new immigration laws about police officers randomly checking people for ID and deporting anyone who is out of status. 

Are people here also worrying about that or am I the only one? I feel like I could be stopped just walking down my doorway...

Me and my husband planning to visit my family in North Carolina next weekend so he can meet them for the first time. We going by car and and I'm freaking out we might get stopped for ID control and I would get deported right away...

One more question please, 

I'm sure the most stupid question ever posted on this thread but I want to ask nevertheless. 

Could I call USCIS, tell them our plan and let them advice us? Like informing us the "absolutely not to do s" ? 

Call and say for example: Im still a documented imigrant, however me and my fiance recently decided that we want to STAY together absolutely. We are getting married and want to file. What are the steps to take or what are the better alternatives? 

I know it sounds stupid but was it ever done? 

Initially we the decision was taken, we wanted to go to their office but didn't find any close to us. Then we wanted to try immigration attorneys. But then thank God I found this site. Any advice would be grateful.

I have one additional (hopefully last) question, people. 

My divorce has been final on January 24th of 2017. It's final cause I have the divorce decree. On the divorce decree which is from Alabama there is a waiting period of 60 days before getting married. 

However me and my fiance we live in Maryland where there is 0 waiting period day. Meaning we could marry if we wish.

Based on your experiences: do people get deny on such reasons?

It looks like I'm going to overstay anyway, so I wouldn't mind waiting those 60days to get married and then file. 

Even it doesn't matter at all then we want to do everything withing the 90days which means get married and apply. 

I know I said something similar earlier but I haven't put in details what is said on the divorce decree.

Ps** to @Lemonslice thank you very much. This is one thing that i am very afraid. Whole reason why I'd love to do things legally as possible and starting researches asap. 

I could still change my mind and leave if I see that there are gonna be heavy problems preventing me from seeing my child. I'm willing to waste a few months cause he is great hands (with his father), but I can't take years. 

As much as I love my man, my son means the world to me. I want to be able to have both in my life. 

18 minutes ago, banana_princess said:

Yeah, i do. Thank you!  

At least that, thank God.

19 minutes ago, banana_princess said:

If it was me, yes, but since you have a son it's a harder decision knowing you could be separated from him... 

Technically you can travel on AP during your AOS, but if you are denied entry on AP, you'll need a waiver later since you overstayed and then it will definitely take a really long time, and you'll be in your country all this time separated from your husband. I don't know what is the chance of being denied entry on AP after overstay, but I'm not risking it. 

Thank you so much for all the info dear, I appreciated.  

18 minutes ago, banana_princess said:

Hi! It's complicated, but i'll share my thoughts.

1) I overstayed my visa, then got married, and what's going on right now scares me. But i have no way back. He banned 7 countries now, but who knows what can happen after? Who knows he won't add more counties? We can never be sure, just as we cannot be sure if some changes to AOS/the way overstay is treated are coming.

2) My husband (USC) was married to another immigrant before and their divorce was finalized a few months before our wedding. Both marriages are real, but my aos is pending for 2 years, and even more - the problem is not me, but his petition (i-130). I do not know if they think that our marriage is not real because he got divorced just before we got married? There is nothing else we can think of, we also thought we have nothing to worry about, but.... either way, no way back here either, and same for you.

 

If i were in your situation... i think i would stay... because at least you are in US already, and if you leave who knows when/if you can come back? Yes I'm saying "if" because who knows what they think? Most likely you'll be ok. But again, i never thought our case will take this long but they actually promised us a notice of intend to deny (real marriage! we do have tons of proof too, reason is unknown yet), no crimes committed or anything else, close in age, etc., besides the fact that his divorce was finalized shortly before. I guess you never know what uscis thinks.

 

So basically, you can't change your divorce time either way. We might as well leave this out. And both staying and leaving are risky at the moment. If you feel like staying, just go for it, i guess.

Do you at least have a working permit? Cause if you're waiting for 2 years and not helping your husband financially, how do you cope? I really hope it all comes together soon for you tho. 

2 minutes ago, Cadence said:

When you choose to file and get married don't matter, don't worry about that part.

Thank you dear. 

I'm so sad over all this. I just feel like everything is against us already... 

7 minutes ago, banana_princess said:

Hi! It's complicated, but i'll share my thoughts.

1) I overstayed my visa, then got married, and what's going on right now scares me. But i have no way back. He banned 7 countries now, but who knows what can happen after? Who knows he won't add more counties? We can never be sure, just as we cannot be sure if some changes to AOS/the way overstay is treated are coming.

2) My husband (USC) was married to another immigrant before and their divorce was finalized a few months before our wedding. Both marriages are real, but my aos is pending for 2 years, and even more - the problem is not me, but his petition (i-130). I do not know if they think that our marriage is not real because he got divorced just before we got married? There is nothing else we can think of, we also thought we have nothing to worry about, but.... either way, no way back here either, and same for you.

 

If i were in your situation... i think i would stay... because at least you are in US already, and if you leave who knows when/if you can come back? Yes I'm saying "if" because who knows what they think? Most likely you'll be ok. But again, i never thought our case will take this long but they actually promised us a notice of intend to deny (real marriage! we do have tons of proof too, reason is unknown yet), no crimes committed or anything else, close in age, etc., besides the fact that his divorce was finalized shortly before. I guess you never know what uscis thinks.

 

So basically, you can't change your divorce time either way. We might as well leave this out. And both staying and leaving are risky at the moment. If you feel like staying, just go for it, i guess.

Wow wow wow!! Lord!! Thank you for this, definitely makes me think.

Would you advise to overstay, wait to get married? Which, I know is still dangerous?

2 years is too long. I don't want no lengthy procedures cause I need to go back see my son. I'm willing to wait few months but definitely not years. Not only do I wanna visit my son, I'd like him with me at some point... wow

2 minutes ago, Cadence said:

I'm not 100% sure what you'll need to show to prove it either, to be honest with you. All that you can gather of bona fide between you and your current fiance is a given of course, no matter how small or ridiculous. Every single documentation you have with both your names on it, grab. No, you don't have to show them your explicit pictures, you can exclude those. Affidavits from friends? Family? Pictures with his family members from holidays? Trips together? You don't have to authorize them to interview your former husband, but an affidavit from him perhaps explaining the relationship between you two might be helpful? You could do everything right and submit every possible evidence you can and still not be able to convince the officer.

 

I'm not a lawyer, so take my suggestions with a grain of salt. It might actually turn out to be helpful or not helpful. It's all in the hands of whoever receives your case. 

Well you response is helpful trust me and I thank you for that. You opened my eyes on things that I was taking for granted or didn't even think about. Yes, we gathering receipts from everything from now on. Have our travelling pics together. I have family in another state we want to visit. Receipt from the clinic is also available.  Others I have to look back for. Proving the relationship is bona-fide wouldnt be a problem at all.

I wonder if I should wait several week into my overstay to get married not to raise doubt on INTENT. I don't know. Anyway thank you so much for your help.

1 minute ago, Cocomessan said:

Yes dear, I understand and thank you zillion for taking the time to answer.

I definitely understand where you going with that and that's what me myself am afraid of. To someone (uscis) who might not believe me anyway, this story may raise 1000 red flags.

 

Would it help if I authorised them to question my former husband? (Our marriage has been over real quick, we tried to make it work and abandon real quick, he knows about my child, my current man and I know about his life aswell. We were on different continents and in good terms and didn't see the rush.) 

Would it matter if I explain all of that to the USCIS??

 

My former fiance and I we in our 30's, we feel like we seen it all and done it all. Now we just want to settle and build something together.

We recently found out that I was pregnant 2 weeks ago, because I have to leave the country after 90days and thinking about money wise and the hardship of being alone during the pregnancy, we decided we couldn't keep the baby and took a decision right away. And right away after, I regretted so bad that it's traumatising.  We started talking about the whole thing and decided we couldn't be separated, especially now that I need him the most. 

 

I couldn't prove all of this to the USCIS, but would they wanna hear it? Would they want to sit down and hear all of this? 

I have never been an immigrant in my life, I love my freedom, I love travelling. I don't want to risk all of that. And I especially don't want to risk than man that I finally found to be the one God sent me. 

29 minutes ago, Cadence said:

No one said you're lying. What I said was that you didn't initially give a full time line of events, so it would have been very easy to assume things many things about your relationships. 

 

The fact that you had a child with another man while still married to your ex-husband is concerning. I assume that after meeting your fiance in august 2016, you were officially dating him? All while still legally married to the USC? It matters very little that you both mutually agreed that seeing other people was OK because one could argue, "well why the heck didn't you divorce then?" The fact that you chose not to divorce doesn't excuse you from it, does that make sense? And then you started divorce proceedings after being with your fiance a relatively short time when before you were seemingly fine with not getting a divorce to the man you no longer loved (one could even argue, no longer loved enough to go have a child with a completely different man) for many years. 

 

See where I'm going with this? You can profess to how much you love your fiance and how real your relationship is - I have no reason to doubt it and it does not matter much to me whether or not I believe it. But you have to be able to see that someone else with a less noble intentions than you in your shoes could very well be faking a relationship/love and trick a USC into marrying them for immigration benefits. Does that make sense? USCIS is not going to assume you are a noble human being who would never abuse or mislead someone with marriage. The burden is on you to prove that you are not one of those people. 

Yes dear, I understand and thank you zillion for taking the time to answer.

I definitely understand where you going with that and that's what me myself am afraid of. To someone (uscis) who might not believe me anyway, this story may raise 1000 red flags.

Would it help if I authorised them to question my former husband? (Our marriage has been over real quick, we tried to make it work and abandon real quick, he knows about my child, my current man and I know about his life aswell. We were on different continents and in good terms and didn't see the rush.) 

Would it matter if I explain all of that to the USCIS??

My actual fiance and I we in our 30's, we feel like we seen it all and done it all. Now we just want to settle and build something together.

We recently found out that I was pregnant 2 weeks ago, because I have to leave the country after 90days and thinking about money wise and the hardship of being alone during the pregnancy, we decided we couldn't keep the baby and took a decision right away. And right away after, I regretted so bad that it's traumatising.  We started talking about the whole thing and decided we couldn't be separated, especially now that I need him the most. 

I could prove all of this to the USCIS, but would they wanna hear it? Would they want to sit down and hear all of this? 

I have never been an immigrant in my life, I love my freedom, I love travelling. I don't want to risk all of that. And I especially don't want to risk than man that I finally found to be the one God sent me. 

6 minutes ago, Cadence said:

I asked you before and you didn't answer. It would help to know the exact timeline of your two relationships. So far we only have little snippets of information you tell about your relationships and they either don't make sense out of context or questionable. 

 

For example:

Met ex-husband in March 2000

Married ex-husband May 2000

Had child with a man December 2003

Met current fiance July 2004

Engaged July 2004

Started divorce proceedings with ex-husband August 2004

Divorce granted October 2005

 

Sorry for that! Here we go.

Met my former husband in September 2012

Married my former husband in December 2012

Had a child with a man in September 2014

Met my former fiance in August 2016

Started divorce proceeding End November 2016

Got proposed to January 18 2017

Divorce granted from January 24th 2017

Now we planning to marry ASAP and AOS before the 90 days is up. 

Please, what do you mean with "don't make sense, out of context or questionable"? That didn't sit well with me, frankly. I'm an unknown stranger on this website, I don't know why I would be lying? I asked for advise and provided the information I thought was enough to provide clear answers. If get the proper information for the wrong case, how is that gonna help me once I start my case? 

To keep it simple: I came to the US to visit my boyfriend (although legally married to someone else, something I have mentioned to the Immigration Officers at the border before entering the country). 

After a few weeks of actually living together and dealing with some personal issues, we don't want to be separated at all anymore. 

However; we are not yet married and my 90 days are almost up. We want to remain together, so what's the best thing to do?! 

That's the clear issue. Now me giving extra info to make my case as clear as possible cause we want to do everything legally and not risk being separated forever  (deportation) shouldn't make me guilty already. 

Still do appreciate everyone's advice.

Hello people, 

**I am the OP** for some unknown reason to me, I can't post any reply anymore. I'm a new member since yesterday and don't recall doing anything wrong other than starting this thread for advice.

I created another account to say thank you to everyone who took the time to answer me. Some (most) answers brought more confusions, some educated us more on the issue, some made us a bit confident, so thank you.

We are deciding to take the risk and I will stay and AOS. I also wish to stay on this site to receive more help and to update.

**I would like to take the opportunity to quickly answers some people:

-no I'm not planning on bringing my child here for now and dragging him thru all of this. He is with father and I get daily updates of his happy life.

-I don't have any paper whatsoever here with me (birth certificate etc). Will have to find a way to get them.

-the relationship between me and my man is real. I'm a girl, much into selfie, taking picture of every and anything. I have loving (even very intimate) pictures and videos of us together from the moment we met abroad until now in the US (we met abroad). We have been posting pics on FB from the get-go. From the moment I got in the US I have been living with only him. We recently got pregnant, but unfortunately the baby is not here no more; we do have prove of that. He is planning to put me on his health assurance. Those are what we can prove so far. What I can't prove is how much I care about him and don't want to spend anytime without him.

What I still worry about is INTENT, I feel like everything is against us because of how quick things are going. What they don't know and won't know is that from the first day we met things been going quickly. We met in August 2016 after being friends on FB sinds 2009.