Mister Ecua

Thanks for trying to help Jane, really apprieciate it. Actually, I got a PM from someone who is in a similar situation. If one of the moderators could close this thread... doesn't seem like any of the regulars have any useful information. When and if I get past the this bar, I will share it with the board so the scope can be broaden, thanks.

add on:

I have consulted a lawyer, so I know what needs to be done, pretty much only 1 way. I have spoken to many of people on this forum that are in the same boat that I am, so I'm quite sure that my situation, along with others, are not beyone the scope of the board.

Sounds like you are asking ICE to pay you a visit.

I-824 is for action on an "APPROVED" visa petition. What approved visa petition?

Your situation is beyond the scope of this board, you want to consult an immigrations lawyer.

already have consultaed one, and I know which way I am going about things, just wanted to get some answers to the questions I have.

Ok, quick synopsis: My wife entered illegally on a fraudulent visa and we are going to file to adjust status and get denied in order to file the wavier.

On the i-485:

Part 1. (Information About You) - What do I put under "Current USCIS Status"?

Part 2. (Application Type) - Which Box Do I Check?

Part 3. (Processing Information) - What do I put under "In what status did you last enter?". What do I put under the "nonimmigrant visa number", "consulate where visa was issued" and "date visa was issued"? the fradulent visa information?

Since we are filing this and know we are going to get denied, would it make sense to file the i-824 (for her daughter), i-693, i-864, i-765 and i-131 as well?

Question:

I bought Nolos's: Fiance & Marriage Visas and came across the section to "who can adjust status in the US". there is a part that says "applicant entered the US illegally cannot adjust status UNLESS GRANDFATHERED IN". So my question is, what in the world does that mean, "grandfathered in"?

Both K1 and K3 are going to be extremely hard to get, and will most definitely require a waiver.

I think the wavier part would be the case if she used a passport to come in with her name. If I sent her home and sent for a K1, then it would be under her real name...

In this case, I would recommend spending his money on language classes over an attorney if he continues to plan a life with this woman. I don't think an attorney is going to make a difference

Well, I am fluent in spanish (it being my first language) so extra money for language classes will not be need lol. But as for the lawyer part, I was thinking the same exact thing, I don't really think it would make a difference, though it would not hurt to try, especially if I get some free consultation.

I knew "lawyer" was coming, didn't want to go down this road ($$$), but given the circumstances it seems to be necessary now.

Background Posts: FIRST and SECOND

Well first, I just want to thank everyone for their help, thi forum is very helpful, the people here quickly respond and best of all, from what I have seen, very friendly (First forum i've seen with no flame wars )

I have hit a lot of road blocks and a lof of you have helped me ram right through them without damage, but I am afraid I have hit the mother of all road blocks as of today and do not think that I can ram this one down or go around it. Although I do not want to, I am just going to lay it all out. I just recently got of the phone with my fiance, talking about the I-485, I-130, etc. pretty much all the forms we need to fill out to adjust her status from her overstayed tourist visa. Now (HERE COMES THE BAD PART) I knew she had another passport and visa with another name for reasons I don't think are too important to state because it's pretty obvious why. But, as of today, I found out she entered the US with this false passport and visa. We discussed this situation before when I met her, but I must have overheard her about the part of here entering the US with the false documents. So it turns out, yes her visa is expired, and yes she has overstayed, but not in "her" name, but the name in the other passport and visa. From here, I do not even know where to begin. I know she has to go and I told her that, but came her for maybe some advice or help, or maybe someone has been down this road (hopefully), I sure would like to hear their story, especially if they are now married and living in the US.

I know little about visa fraud and I am sure that my fiance has comitted just that. From seeing the term pop up a few times here, I know it is something to be feared.

Here's What I Have Been Thinking About As A Solution (From Worst To Greatest Idea):

1. Continue to apply for the AOS (I don't think this is now possible in my situation, even if she was married to me. She now does not have a I-94, which I believe is require to even apply, correct?)

2. Send her home and apply for a K1 Visa (If I did this, then our story on how we met would need to be modified during the interview and that is something I do not want to tinker with)

3. For me to move to Peru and live there happily ever after (this I do not want to do, but seems to be the perfect solution )

Let's see, I have been sobbing for about 4 hours now and my body & heart aches a whole lot now, if anyone can provide any, please

It all started here

So as you can see, I have found myself to be (as I see it) in a sticky situation.

I picked up a I-485 (I believe this to be the correct form that I need to fill out) and have a few questions about the app. I expected the application not say "this application can be used for those who are a spouce to a united states citizen and have overstayed their tourist visa by more than 180". Although people here have told me that my fiance (very soon to be wife) can apply for AOS (after marriage of course), it states in the application, under "who is not eligble to adjust status", "you are no eligible for adjustment of status if your authorized stay expired before you filed this application". I am a little afraid after reading this to even submit this app. People here were also say that my fiance (again, very soon to be wife) can be forgiven for her overstay? Now my first question is, is their a process for forgiveness? how do we go about even asking for forgiveness? or is this automatically assumed when filing?

Questions about filing out the application:

Part 1.

-What is an "A #"? (i know this may not apply to her)

-how do i know what her "current USCIS status" is?

-it ask for "expires on", are talking about the I-94? and if so, do I put the already expired date down?

Part 2.

-I don't even see where she even fits in any of the check boxes, so I am assuming that I have to check the "other" box (h.), but what do I write in the blanks?

Part 3.

sec. B

-do I enter her daughter's name who is currently in Peru w/o a visa? or do I leave it blank and just fill out the I-130 (or both)?

Are any of these forms available in spanish?

nvm, I looked a little more into it, but another question... After we are married, the next step is to fill out the I-485, correct?

You are not doomed

Since she overstayed the visa for more than 180 days she cant leave the country otherwise she will get a ban and she wont be able to come into the US for a very long time (i think its a 10-15 year ban)

Get married and start filing for AOS. The overstay will be forgiven since she will be married to a US Citizen.

For more information click here:

AOS

Getting her daughter to the US will probably take a little while. Like somebody said before, she needs to have her greencard first and then file for a visa for her daughter.

Why did she leave her 4 year old daughter behind??? If your fiance came to the US in 2003/2004 that means her daughter was only about 1 back then... Just wondering...

I read the AOS section and this process seems to be for "K" visa holders, does anyone know where I can find the process for what my predicament is?

As for her leaving her daughter back home, she came her on a misunderstanding about the tourist visa and ended up being stuck here.

Maybe I should explain the situation a little better as well, I'm not sure that would help any though...

I met my fiance through mutal friends (who probably has no clue about the visa process either) coming up on a year now. I knew she entered the US in 2003 (maybe at the end?? if anyone needs exact dates, I can provide them later tonight), and knew she had a tourist visa, but was unaware of how long a tourist visa was, although I am sure she did. (We will call my fiance Natalie) Natalie also came into the US pregnant, and gave birth to her son (I am not sure if it was in the time of a valid visa or after the expiration, but if it was after the expiration, then it wasn't too much longer after... if that helps any...) So, she has an american born son and a exipired visa. Sometime passes by and along comes me.. blah blah blah we decide to get married one day, i find out about this forum and now I am here with this situation...

Ok, I just got finished talking to her, and boy.... am I kind of freaking out right now. It seems that she has overstayed her welcome by a while, I didn't get the exact date, but I am sure that is irrelevant due to the year of expiration, 2004 Wow... At first I was happy to find this forum, but now, I am a little upset that I know the truth now. From the way everyone has been talking in this thread, it looks like we are doomed. Does anyone have a possible solution, if there is one... , please help

I am not sure if or how long, I will have that information tomorrow morning for you guys. I am hoping that it is not more than 180 days ...

Wow, I am learning a lot in 1 day, I didn't realize you guys reply so quickly too. I had no clue there was such a thing of fraud upon a visa... I actually met her here after she had already had been in the US, I did not know her before... So say if her visa is already expired, I don't want to tell her to go home and wait this long process so she can come back, is it possible for her to stay and file the proper paper work, and if everything gets approved then send her back home to re enter? (I'm not sure if that even makes sense...)

I have a peruvian fiance who is already here in the US, the problem is that her tourist visa is about to or has already expired. How do I approach this situation? I don't want to go to the embassy and say "hey my fiance visa is expired, but I want her to stay because we are getting married" and she ends up getting the boot back to peru. On top of this, she has a 4 year old daughter that is in Peru that we want to bring over. Folks, what do I do?