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Filed: Other Timeline
Posted

Unlawful presence starts 180 days after the 18th birthday. In English: Once the minor becomes an adult, he or she has 180 days to leave the US without any negative effects involved.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Unlawful presence starts 180 days after the 18th birthday. In English: Once the minor becomes an adult, he or she has 180 days to leave the US without any negative effects involved.

Correction. Unlawful presence begins on the 18th birthday. They don't incur a ban until they have 180 days of unlawful presence.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Timeline
Posted (edited)

A question that enters my mind, and I don't know the answer, were they "allowed" to file before his 18th birthday? Since they are both supposed to be eligeble to marry at the time of filing?

How is that determined?

"he should be fine as long as he is above the required legal age for marriage in the concerned state."

"ages for legal marriage are state-specific. They should check the laws of their home state.

they would have to go to a state that permits marriages under 18.

If he got written consent from parents in a foreign language I suppose that would have to be translated."

Edited by cherrylovekalbs
Posted (edited)

I don't really have an answer for you. I just wanted to say, good on him for wanting to do things the right way! He could have easily just stayed in the US and never changed anything.

I hope everything works out for you two! :thumbs:

Edited by AlinaH

June 7, 2010 - Will asked me to marry him, and I said YES!!
October 4, 2010 - Will sent away the I-129F Petition
October 12, 2010 - NOA1 received!
October 15, 2010 - First "touch"
October 18, 2010 - Second "touch"
March 7, 2011 - NOA2!!!
March 18, 2011 - NVC forwarded our case to the Montreal Consulate....NOT where we wanted it to go!
March 25, 2011 - Email from Montreal saying that our case would be forwarded to Vancouver - only took one night for a reply from them smile.png
April 5, 2011 - Vancouver has our package!
April 6, 2011 - Received Packet 3 via email - now just waiting on my police certificate.
April 13, 2011 - faxed Packet 3 to Vancouver
April 14, 2011 - received Packet 4 via email
May 4, 2011 - Medical appointment
May 5, 2011 - Interview!! APPROVED smile.png


June 16, 2011 - POE at Blaine Peace Arch Crossing
June 28, 2011 - Got married by Elvis in Vegas!
Aug 8, 2011 - Received SSN in the mail.

Aug 31, 2011 - Sent off AOS Package
Sept 7, 2011 - Package received by USCIS
Sept 9, 2011 - Notice of Action email for AOS, EAD, and AP.
Sept 16, 2011 - Received my Biometrics Appt. letter for the 30th.
Sept 22, 2011 - RFE sad.png
Sept 30, 2011 - Biometrics Appt.
Oct 26, 2011 - Received interview letter for Dec 1st
Nov 4, 2011 - EAD/AP approved
Nov 12, 2011 - Received combo card in the mail
Dec 1, 2011 - Interview - APPROVED smile.png
Dec 9, 2011 - Greencard arrived in the mail!

Oct 18, 2013 - I-751 Package signed for at CA Service Center

Mar 5, 2014 - Approved! Awaiting greencard in the mail

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Even though he doesn't have unlawful presence counted against him I think you may want to study more about such cases because he is so borderline. Immigrate2us.net has a lot of users from Mexico with immigration issues. They may have people with experience like yours also.

This will not be over quickly. You will not enjoy this.

Filed: K-1 Visa Country: Wales
Timeline
Posted

As long as he does not get caught and departs before 18 plus 180 days he is otherwise good to go.

Bearing in mind his age who do you think the Consulate will suppose he has been living with.

If they really wanted to track down people missing a few documents they would not have to go to the extreme lengths of checking this sort of paperwork. A trip to the local Home Depot would do it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Canada
Timeline
Posted

Going further down the line of paper work, you will find that you feel like you are aswering the same question over and over again on these forms .. telling the truth all the time, will reflect in these papers as the answers will always be the same, not only that but there is a form in pkg 3 that I got, and on that form, it will ask a very direct question .... do your parents live in the usa ? do you have siblings in the usa ? do you have family in the usa ? ..... how do you intend on getting around those ones ?

Dont lie ... EVER .. you think you have some issues now .... try when someone figures out what youre doing.

And do you really want to spend all that money ... to end up at those questions ... I would live in constant fear of deportation and of being banned, if that was me.

~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

Posted

I am actually surprised that the lawyer did not suggest to marry him and then file an I-130 instead of filing for the K1 :unsure: I keep feeling surprised as I find more things out about immigration. A friend who used to work for an immigration attorney told me that people can do an Adjustment Of Status after getting married, even if the beneficiary came to the US using a tourist visa and overstayed... Not that I am suggesting than anyone tries this, but according to her, it is just a matter of filing the AOS... Too bad it's so difficult for Dominicans to get tourist visas! :whistle:

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

Posted (edited)

Going further down the line of paper work, you will find that you feel like you are aswering the same question over and over again on these forms .. telling the truth all the time, will reflect in these papers as the answers will always be the same, not only that but there is a form in pkg 3 that I got, and on that form, it will ask a very direct question .... do your parents live in the usa ? do you have siblings in the usa ? do you have family in the usa ? ..... how do you intend on getting around those ones ?

Dont lie ... EVER .. you think you have some issues now .... try when someone figures out what youre doing.

And do you really want to spend all that money ... to end up at those questions ... I would live in constant fear of deportation and of being banned, if that was me.

What's that funny looking contraption, with the smell of cheese? :unsure:

Edited by sjr09

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

Filed: AOS (apr) Country: Canada
Timeline
Posted

I am not sure why anyone would post on a website that their fiances parents are in the USA illegally...wow...that is ballsy!!!

Removal of Conditions

10.15.2012 ROC package sent to California Service Center

10.18.2012 Package received

10.19.2012 Check cashed (it never ceases to amaze me how fast the gov't cashes a check!!)

10.29.2012 NOA received dated 10.18.2012

10.29.2012 Biometrics appt received

11.14.2012 Biometrics

Filed: K-1 Visa Country: Wales
Timeline
Posted

Why?

What do you think is going to happen?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Canada
Timeline
Posted

Why?

What do you think is going to happen?

how should i know.

Removal of Conditions

10.15.2012 ROC package sent to California Service Center

10.18.2012 Package received

10.19.2012 Check cashed (it never ceases to amaze me how fast the gov't cashes a check!!)

10.29.2012 NOA received dated 10.18.2012

10.29.2012 Biometrics appt received

11.14.2012 Biometrics

Filed: Lift. Cond. (pnd) Country: Iran
Timeline
Posted (edited)

I am not sure why anyone would post on a website that their fiances parents are in the USA illegally...wow...that is ballsy!!!

um because their parents is not their responsibility?the boys parents are adults,they made the choice for their son when they were his legal guardian,now that they are not,he is trying to fix it in the most legal way possible.i dont see whats wrong with that

Edited by ygr
Posted

Its nice to see someone who is honest and seeking help, it takes courage to do this on a public forum. Its a large weight for you both I'm sure. I have no helpful advice other than to seek some legal counsel and I hope there is someone out there who has access to that info in the US for you and your family. Honesty will serve you well!

I hope things will work out in the best way for all of you.

Found a song that might help in the times it feels overwhelming.

All the best!

Filed: Country:
Timeline
Posted
I am actually surprised that the lawyer did not suggest to marry him and then file an I-130 instead of filing for the K1

Sounds like the lawyer knew that in order to be able to adjust Status from within the US he must have entered legally (which he didn't) so the advice was spot-on.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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