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Mikeyboy

Will a Visa-Waiver <180d overstay affect I-130 app?

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Filed: Other Country: United Kingdom
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Hello,

My wife and I have been married for 5 years now and wish to file an I-130 so I can move to the USA to be with her.

We have all of our forms ready but we have a small problem. I was supposed to be returning home to a contract job, but it was cancelled a month after I arrived. The recession is really bad in the UK, and due to over-priced housing and rent, it is easier for us financially if I stay in my wife's house in the USA, as there is no guarantee of a job back in the UK. What this boils down to is that I want to overstay on my Visa Waiver for just under 180 days.

The plan is that before the 180 days are up I will return to the UK and stay over with a friend until my I-130 interview is ready. That means ideally my wife and I will not have to be apart for too long.

However I will not proceed with this plan if it could cause any delay or problem with the I-130. If it will, I will return home without any overstay.

I would like people's advice on this.

Thanks,

-Mike

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Filed: Citizen (apr) Country: Canada
Timeline

I doubt you will get much support to do what you intend to do, overstay by 179 days (or whatever) since condoning illegal activity (such as overstaying a visa) is against the TOS of this site, isn't it?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Not a chance I'd be willing to risk.

Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

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Filed: Other Country: United Kingdom
Timeline
I doubt you will get much support to do what you intend to do, overstay by 179 days (or whatever) since condoning illegal activity (such as overstaying a visa) is against the TOS of this site, isn't it?

I am not looking for support, just advice. As I said, if this is not a good idea, I will return back to the UK.

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Filed: Timeline
I doubt you will get much support to do what you intend to do, overstay by 179 days (or whatever) since condoning illegal activity (such as overstaying a visa) is against the TOS of this site, isn't it?

Yes it is.

To the OP: what you are planning on doing is against the law. Don't.

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Filed: Other Country: United Kingdom
Timeline
I doubt you will get much support to do what you intend to do, overstay by 179 days (or whatever) since condoning illegal activity (such as overstaying a visa) is against the TOS of this site, isn't it?

Yes it is.

To the OP: what you are planning on doing is against the law. Don't.

If it is against the law, then that answers my question. The last thing I want to do is get in trouble; I must have misread the 180 day rule. You guys have answered my question. I will book my flight home today.

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