Tourist Visa Issues with Marriage

[JohnIrish 0]

My thai wife met a friend with a Visa Issue.... I told them I would help post a question here to put them on the proper path. I have not see this question asked before.

She was married to a Thai that worked for an airline. Because of that, she was able to obtain a tourist visa. She came to the US using the tourist visa in Dec of 2006... the I-94 said it was good until June 2007 (6 months). She overstayed the visa and is still in the US. She divorced her husband while still in the US.. and has just married a US citizen. Her Tourist Visa was Issued in 2005 and is supposed to be good until 2015.

It is confusing to me since she was able to get a drivers license. She cannot get a social security number to legally work.

What is their best course of action?

Should she return to Thailand and start the K3 process? If she left and went back to thailand to start the K3 Process.. would they cancel her Tourist Visa because she overstayed or because of the K3?

Should she stay here and start the AOS process?

Remember, she was married prior to obtaining the tourist visa so she did not come to the US to get married. She did overstay while here and married later. Because she overstayed, she is concerned they will cancel her Tourist Visa if she returned to Thailand. She is also concerned that she could be deported would not be able to return to the US for 10 Years.

What would you recommend?

thanks

[payxibka 10,045]

with a nearly two year overstay, if she leaves she will be subject to a 10 year re-entry ban.... best course of action is fairly easy to see but a consultation with competant counsel is a good thing to do

Edited February 16, 2009 by payxibka

[Ning 619]

My thai wife met a friend with a Visa Issue.... I told them I would help post a question here to put them on the proper path. I have not see this question asked before.

She was married to a Thai that worked for an airline. Because of that, she was able to obtain a tourist visa. She came to the US using the tourist visa in Dec of 2006... the I-94 said it was good until June 2007 (6 months). She overstayed the visa and is still in the US. She divorced her husband while still in the US.. and has just married a US citizen. Her Tourist Visa was Issued in 2005 and is supposed to be good until 2015.

It is confusing to me since she was able to get a drivers license. She cannot get a social security number to legally work.

What is their best course of action?

Should she return to Thailand and start the K3 process? If she left and went back to thailand to start the K3 Process.. would they cancel her Tourist Visa because she overstayed or because of the K3?

Should she stay here and start the AOS process?

Remember, she was married prior to obtaining the tourist visa so she did not come to the US to get married. She did overstay while here and married later. Because she overstayed, she is concerned they will cancel her Tourist Visa if she returned to Thailand. She is also concerned that she could be deported would not be able to return to the US for 10 Years.

What would you recommend?

thanks

This is just a classic case of attempted visa fraud. Her tourist visa was good for 6 months. Tourist visa issued Dec 06 with 6 months to June 07. Then you say she has one that's good for 10 years. ???

She married prior to the tourist visa & didnt come here to get married. Really. That's exactly what she did.

She doesnt need to worry about the tourist visa being canceled; she doesnt have one.

Deported? Absolutely. A poster child for deportation.

Return in 10 years? That would be a lucky break for her under the circumstances.

The only chance she has is to go back & have her husband file for her. USCIS will determin her fate based on the merits of the case.

The suggestion to get a lawyer is correct if she intends to try to get AOS while here. The lawyers are just waitng for cases like this. Get the check book ready & go for it.

She needs to attempt to get a visa just like the rest of us that did so under the law.

[payxibka 10,045]

The only chance she has is to go back & have her husband file for her. USCIS will determin her fate based on the merits of the case.

Statement A is not necessarily true... Statement B is true.

[Ning 619]

The only chance she has is to go back & have her husband file for her. USCIS will determin her fate based on the merits of the case.

Statement A is not necessarily true... Statement B is true.

I guess its possible for a married women to come here on a 6 month tourist visa & decide it would be a great idea to dump him during the vacation & marry someone that you met along the way. That must happen every so often.

At the same time its possible she forgot the rules that her visa was issued under. Then after two years decide it is time to do something before she is caught & deported.

So these statements may not be exactly true but truth isnt her main suit it seems.

Statement B is true & in all seriousness she should submit to the laws of the USA just like everyone else. If so I doubt we will be seeing her again for a long time.

It is situations like this that help cause the backlog at USCIS. I dont think 5 minutes should be spent trying to help them circumvent the laws.

[JohnIrish 0]

Wow.. you guys are really nice! Please... helpful advice only.

First... I am trying to help them do the RIGHT thing now.. not break the laws! So, please dont state the obvious!

Ricker --- didnt you read my post.. a Tourist Visa is issued and is good for 10 Years.. The I-94 had the 6 Months entry stamp!

I understand she broke the law and did not follow the rules... all I am interested in now is the best course of action to attempt to put things right. I dont agree that it was visa fraud in that she did not plan to divorce her husband ... But she could have re-married just to say in the US. That could be Visa Fraud but I have no way to know that. But.. assuming the best and that they do love each other, what should they do?

It sounds like staying here and trying the AOS is the best?

[damulag 26]

The problem with the tourist visa is that it is a 10 year multiple entry visa with each entry to the United States subject to the time limitations stamped on the I-94. When you overstay the time stamped on the I-94 the visa is canceled and the next time you try to use it to enter the United States you will be turned away. So the visa was no longer good after she did not leave on or before the June 2007 date. They do not have to notify you of the cancelation.

[john_and_marlene 162]

She entered legally and has an overstay. File I-130 and I-485. The chances of a successful adjustment of status are very good.

[Old Dominion 26]

They should just be honest with the USCIS and file for the AOS. As soon as they get a receipt (NOA1) from the USCIS, she is here legally pending a final decision. To get the SSN, she should also file for a work permit at the same time.

There is no guarantee that she will be granted a green card. It's a risk. But if the marriage is strong and there is ample proof of that, it will help. The kinds of proof can be found on the USCIS website and here, there is plenty of information to read carefully.

[Ning 619]

Wow.. you guys are really nice! Please... helpful advice only.

First... I am trying to help them do the RIGHT thing now.. not break the laws! So, please dont state the obvious!

Ricker --- didnt you read my post.. a Tourist Visa is issued and is good for 10 Years.. The I-94 had the 6 Months entry stamp!

I understand she broke the law and did not follow the rules... all I am interested in now is the best course of action to attempt to put things right. I dont agree that it was visa fraud in that she did not plan to divorce her husband ... But she could have re-married just to say in the US. That could be Visa Fraud but I have no way to know that. But.. assuming the best and that they do love each other, what should they do?

It sounds like staying here and trying the AOS is the best?

Yes I read the post. The tourist visa was NOT good for 10 years. As you said the stamp was for 6 months.

In my opinion you are trying to help them break the laws. You are insulating them from those laws by your presence here. Why dont they just go to a USCIS office & ask what to do?

I dont know what she had in mind when she got off the plane but it doesnt sound like tourisim was her goal. What ever it was she knew her visa was for 6 months. That was 2 years ago. She knew she was breaking the law. So did her new husband. That is visa fraud. Overstaying the visa is fraudulant use of the visa I believe.

I have also said that I didnt know what the truth is in this situation. I have also said they should submit to the law by filing with USCIS & let the merits of the case determin thier fate.

Many people here on VJ tried & failed to get a tourist visa. The reason given is almost always due to people just like this & almost always from a high fraud country such as Thailand. She used her Thai husbands job to get her tourist visa or it wouldnt have been issued & she knows that because she had to convince someone that she would return to Thailand.

At this point filing the AOS is best.

[payxibka 10,045]

Yes I read the post. The tourist visa was NOT good for 10 years. As you said the stamp was for 6 months.

In my opinion you are trying to help them break the laws. You are insulating them from those laws by your presence here. Why dont they just go to a USCIS office & ask what to do?

Do you understand the difference between a Visa (a documents that gives an alien permission to seek entry into a country) and an authorized stay period (in the USA as indicated on the I-94)? Based on your reply above, it appears you are a little confused.

In all liklihood the Visa in question was in fact issued with a 10 year validity period and allowed multiple entries...

[Y's_habibitk 2]

Yes I read the post. The tourist visa was NOT good for 10 years. As you said the stamp was for 6 months.

In my opinion you are trying to help them break the laws. You are insulating them from those laws by your presence here. Why dont they just go to a USCIS office & ask what to do?

Do you understand the difference between a Visa (a documents that gives an alien permission to seek entry into a country) and an authorized stay period (in the USA as indicated on the I-94)? Based on your reply above, it appears you are a little confused.

In all liklihood the Visa in question was in fact issued with a 10 year validity period and allowed multiple entries...

[Ning 619]

Yes I read the post. The tourist visa was NOT good for 10 years. As you said the stamp was for 6 months.

In my opinion you are trying to help them break the laws. You are insulating them from those laws by your presence here. Why dont they just go to a USCIS office & ask what to do?

Do you understand the difference between a Visa (a documents that gives an alien permission to seek entry into a country) and an authorized stay period (in the USA as indicated on the I-94)? Based on your reply above, it appears you are a little confused.

In all liklihood the Visa in question was in fact issued with a 10 year validity period and allowed multiple entries...

No I did not know that & yes I am confused. She didnt attempt mutiple entrys so I am not sure how its relevent anyway.

The post by damulaq sounds better to me than my own.

I'll go back to statement B !