Will my wife need a pardon?

[Used to be broken 147]

No, there is no penalty for immediate relatives of US Citizens for overstaying a valid visa.

I think it is more accurate to state, it is known that SOME PEOPLE have successfully adjusted status this way, HOWEVER there is in fact penalties for overstay if things go BADLY and SOME PEOPLE end up in a nightmare situation ... its not always a happy ending.

Pop around the forum and take a look at the carnage... I can think of one story that went horribly wrong this past month.

The penalties for an overstay of more than 180 days ...if things go wrong is a 3 year ban.

The penalties for an overstay of more than a year ..if things go wrong is a 10 year ban.

When you do this, USCIS takes a more intensive look at the INTENT of the immigrant when the entered the US. There is tremendous potential for problems here if you catch a USCIS officer who doesn't "buy" the story the person entered on a tourist VISA with no intent to immigrate, but DID.

Hopefully you will have a happy ending, but there is RISK for a bad outcome, USCIS views this as an end run around the correct process and a technical glitch in the law that allows this, and people who run afoul of USCIS during this process face fraud bars which are very difficult to overcome.

[treyfort 4]

Here's a Q....when she entered the US, did she do so intending to marry you and then just adjust status?

No...She was actually just here visiting friends of her family and was just looking for people around our area to be friends with to see other things around the area...but her and I met and we fell in love and when we started talking it was like meeting someone who I had known my entire life and I really felt like I had met my soul mate and I asked her to marry me because I knew I never wanted to be without her in my life for the rest of my life...and she felt this same way about me

[Kittyfang 6]

From what I've seen, most IOs don't make an issue out of overstay and intent. Aren't those two things that IOs cannot use to deny an overstay in cases of marriage?

[Used to be broken 147]

No...She was actually just here visiting friends of her family and was just looking for people around our area to be friends with to see other things around the area...but her and I met and we fell in love and when we started talking it was like meeting someone who I had known my entire life and I really felt like I had met my soul mate and I asked her to marry me because I knew I never wanted to be without her in my life for the rest of my life...and she felt this same way about me

When she applied for the VISA she had to prove she had a residence to return to, and a job and ties to her home country, and round trip ticket.

So, what happened to her job and her residence in her country?

[Used to be broken 147]

From what I've seen, most IOs don't make an issue out of overstay and intent. Aren't those two things that IOs cannot use to deny an overstay in cases of marriage?

Its not the "most" you need to be worried about, its the ONE .. "intent" when she entered will be scrutinized.. heat will be applied at the interview... if they catch the "one" IO officer on a bad day or answer the question incorrectly ... its a problem and could be misrep charge.

Can this happen = YES

Will this happen = Maybe

Is there a risk doing it this way = YES

i guess the question everyone should be asking instead of encouraging this while for the most part the bulk of the forum goes through the correct clearly legal channel to bring a wife or fiance here is... if its so easy why doesn't everyone do it? its obviously a much faster route to being together.

[Kittyfang 6]

Its not the "most" you need to be worried about, its the ONE .. "intent" when she entered will be scrutinized.. heat will be applied at the interview... if they catch the "one" IO officer on a bad day or answer the question incorrectly ... its a problem and could be misrep charge.

Can this happen = YES

Will this happen = Maybe

Is there a risk doing it this way = YES

i guess the question everyone should be asking instead of encouraging this while for the most part the bulk of the forum goes through the correct clearly legal channel to bring a wife or fiance here is... if its so easy why doesn't everyone do it? its obviously a much faster route to being together.

If she didn't have any intent and entered legally, what they are wanting to do is legal. Yes, it's not the k-1, but USCIS still accepts AoS from people who have overstayed, even people who have worked illegally.

[Harpa Timsah 13,258]

Its not the "most" you need to be worried about, its the ONE .. "intent" when she entered will be scrutinized.. heat will be applied at the interview... if they catch the "one" IO officer on a bad day or answer the question incorrectly ... its a problem and could be misrep charge.

Can this happen = YES

Will this happen = Maybe

Is there a risk doing it this way = YES

i guess the question everyone should be asking instead of encouraging this while for the most part the bulk of the forum goes through the correct clearly legal channel to bring a wife or fiance here is... if its so easy why doesn't everyone do it? its obviously a much faster route to being together.

No one is running afoul here. If they are, that is there business, but we cannot know people's situations. You clearly have a chip on your shoulder about something. The fact remains that an overstay is simply not relevant for adjudicating a spousal petition. It is clearly stated in the law. She won't get a misrepresentation charge. She didn't misrepresent anything. Sorry you are angry. We are not encouraging anyone to break the law or to commit fraud. We are stating the facts. She is already in the US. She did not enter with intent. She is married to a US Citizen. She can adjust status.

Sorry you don't like the law. I won't respond further to your posts.

OP- you don't owe us or anyone on this forum an explanation of your story. You will have to prove your relationship is true to USCIS, not us! Good luck to you!

Edited November 9, 2010 by Harpa Timsah

[Henykat 16]

You said earlier your wife came on a tourist VISA but did not intend to stay. I am guessing they will ask you and her about this at the interview.

So if she entered with intent to go back which is the opposite of entering on a tourist VISA with the intent to immigrate (immigration fraud), wouldn't she have to give notice at her job and her apartment and pack her things and settle her affairs? How does she plan to do that if your wife overstays to stick around and adjust status?

Don't think these questions are going to be answered.

[Used to be broken 147]

If she didn't have any intent and entered legally, what they are wanting to do is legal. Yes, it's not the k-1, but USCIS still accepts AoS from people who have overstayed, even people who have worked illegally.

While there is a technical loop hole for someone who enters on a tourist VISA versus Visa Waiver Country person who cannot adjust and overstays and then does an application for AOS, my point is.. its irresponsible to encourage working the loophole without mentioning the risks and pointing out there will be additional scrutiny for this type of application. First you have to prove you did not enter with the intent to immigrate.. so if you put in a VISA request based on two weeks at Disney World in late August but end up married in Sep/Nov .. as Ricky Ricardo used to say... "Lucy you got some splaining to do"

Couple that with the short duration of the relationship.. culminating in marriage in a few shorts weeks of meeting for the first time and you begin the interview with RED FLAGS flying everywhere.

So, again the point is.. while it can be done, ignoring potential risks is a bad idea IMHO

[Henykat 16]

She didn't misrepresent anything. Sorry you are angry. We are not encouraging anyone to break the law or to commit fraud. We are stating the facts. She is already in the US. She did not enter with intent. She is married to a US Citizen. She can adjust status.

You are correct that if these things are factual she can adjust status, but you have no clue as to whether they are really facts. While most of us are basing statements granting the honesty of the person we are applying for immigration officials often do not and for good reason.

Edited November 9, 2010 by Henykat

[Kittyfang 6]

While there is a technical loop hole for someone who enters on a tourist VISA versus Visa Waiver Country person who cannot adjust and overstays and then does an application for AOS, my point is.. its irresponsible to encourage working the loophole without mentioning the risks and pointing out there will be additional scrutiny for this type of application. First you have to prove you did not enter with the intent to immigrate.. so if you put in a VISA request based on two weeks at Disney World in late August but end up married in Sep/Nov .. as Ricky Ricardo used to say... "Lucy you got some splaining to do"

Couple that with the short duration of the relationship.. culminating in marriage in a few shorts weeks of meeting for the first time and you begin the interview with RED FLAGS flying everywhere.

So, again the point is.. while it can be done, ignoring potential risks is a bad idea IMHO

It's not a loophole, it's a valid legal option. Intent and overstay cannot be used to deny.

I agree with Harpa Timsah, I'm sorry you're upset about this and will not reply any further.

OP, as long as she entered legally, you guys can adjust. Overstay is never something you want, but if it's something you cannot avoid, don't worry, it cannot be used to deny. And no, you do not need a pardon. The IO might sermon you, but ultimately, it cannot be used to deny.

[Harpa Timsah 13,258]

You are correct that if these things are factual she can adjust status, but you have no clue as to whether they are really facts. While most of us are basing statements granting the honesty of the person we are applying for immigration officials often do not and for good reason.

Ahh Heny, that is true. But it's not our job to determine who is lying on a public forum. That is up to USCIS. I trust what people say on here and try to advise accordingly. They said they didn't enter with intent. The other things are definitely facts. And, an IO can't just deny someone because they are having a bad day. They have to support their decision with evidence (or lack thereof).

I am not sure exactly why a simple question about whether someone's wife has to pay a penalty fee turns into a rant about the current law. But, I guess that's why people hate VJ.

[Kittyfang 6]

Ahh Heny, that is true. But it's not our job to determine who is lying on a public forum. That is up to USCIS. I trust what people say on here and try to advise accordingly. They said they didn't enter with intent. The other things are definitely facts. And, an IO can't just deny someone because they are having a bad day. They have to support their decision with evidence (or lack thereof).

I am not sure exactly why a simple question about whether someone's wife has to pay a penalty fee turns into a rant about the current law. But, I guess that's why people hate VJ.

Very true, can only help someone based on the facts given. I'm waiting for someone to lie, go with the advice given, then come back and be mad because they were not truthful! hehe

Edited November 9, 2010 by Kittyfang

[Used to be broken 147]

It's not a loophole, it's a valid legal option. Intent and overstay cannot be used to deny.

I agree with Harpa Timsah, I'm sorry you're upset about this and will not reply any further.

OP, as long as she entered legally, you guys can adjust. Overstay is never something you want, but if it's something you cannot avoid, don't worry, it cannot be used to deny. And no, you do not need a pardon. The IO might sermon you, but ultimately, it cannot be used to deny.

I am not upset about anything, but I think you might be.... why does my post bother you so much? Just because I see it differently?

I am trying to paint a little reality into the rosy picture you folks are putting out there. My questions are good practice because believe me the USCIS will have the wifes recent VISA application in hand and the new AOS application in hand and will question it.

I am a die hard romantic and if you had read my posts in context I am doing nothing more than pointing out the risks, the additional scrutiny that this case will go through because of the circumstances and as I said earlier.. I hope they don't have any issues but I personally know people who didn't have the fairy tale ending you are projecting . I also didn't accuse or judge this person or demand an explanation, but I assure the OP that the USCIS will ask these questions.

I should disclaim.. I am not an attorney.. the OP should check with one before he proceeds .here is an article about this ;

http://fiancee-marriage-visas.com/K-1-k-3-visas.htm

Edited November 9, 2010 by brokenfamily

[Used to be broken 147]

Here is another article :

http://www.visapro.com/Immigration-Articles/?a=1252&z=36