Jump to content

8 posts in this topic

Recommended Posts

Filed: Timeline
Posted

i met a girl that was on a student visa. however, it has just recently expired, and the government has given her time to find a plane ticket home. as we all know, airplane tickets don't just fall from the sky. with that in mind, how hard would it be for her to get a green card through a marriage? i know that she would have to return to her home country first, however, would this expiration in her visa negatively effect her chances if she were to apply for a fiance visa? also, if i were to go about and ignore the fact that her visa has expired, and go on with the marriage, what would the likely events that i might face be? i have read something about possible "unlawful" status, and how would this apply to her situation?

any and all posts welcome, cruel and harsh is part of life, and i would rather know the truth rather than have a buttered up lie.

raverboy

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

What do you mean with "government has given her time to find a plane ticket"? Ie is she on the legal holiday part at the end of a student visa, was she given voluntary departure, is she in removal proceedings etc?

Assuming immigration has taken no action against her yet:

- If you marry now, she should be able to AOS (Adjust Status), as overstay is not a bar to getting a greencard when married to a US citizen. If you choose this route, do NOT let her leave before she has the greencard in hand, which will be several months.

- If she goes back to her country, it depends how long she overstayed- if less than 180 days, she will get asked questions about it at interview, but should be ok. If 180- 365 days, she will have a 3 year ban; if overstay is more than a year, she faces a ten year ban.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Bit lost on this subject, my kids that became foreign exchange students couldn't even leave here until they had a round trip ticket. And those of us that buy plane tickets, learn very quickly that a round trip ticket is even cheaper than a one way ticket. We got round trip tickets when my wife and daughter came here, first off was cheaper, second, they needed those to enter the country, after the AOS, had a ticket burning ceremony.

My son that recently studied in Japan was escorted back to the plane when his study was finished. We checked into bringing my wife's unmarried son here with a student visa. While we are super high taxpayers in the State of Wisconsin, no breaks in tuition cost, we would have to pay the full inflated amount and in advance. Its a lot of bucks in their pockets, one reason why they bend over backwards to get a student visa. Niece from Colombia is doing post graduate studies here, cost my sister-in-law thousands of dollars, just another issue, she wants her daughter to come home.

Just our experience, what you are saying doesn't make sense about not having a return ticket, and what about this girls' family? Don't they want her back? If there is a way to come here with a one way ticket, please share how this was done.

Posted

Filing for an adjustment of status is not cheaper than a plane ticket. However she does not have to leave. If you would like to help her, then u will have to apply for a marriage license, marry her, then u file a petition for her along with adjusting her status and employment authorization. There are no penalties to u for doing so unless the marriage is not real and they find out. So u will need to show proof of a bona fide marriage. If u plan to marry her, do not let her return to her home country until she has her greencard in hand.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Filing for an adjustment of status is not cheaper than a plane ticket. However she does not have to leave. If you would like to help her, then u will have to apply for a marriage license, marry her, then u file a petition for her along with adjusting her status and employment authorization. There are no penalties to u for doing so unless the marriage is not real and they find out. So u will need to show proof of a bona fide marriage. If u plan to marry her, do not let her return to her home country until she has her greencard in hand.

USCIS is not all that bad, forms like the I-864 and the I-693 are free to file, but have to be rich before signing the I-864 and will be dirt poor again paying a USCIS approved doctor to fill out the I-693. The I-485 is a real pocketbook emptier. EAD is optional, but will set you back 360 bucks. And why even that I-130, could be a small part of the I-485. G325A's are also redundant. Ever get the idea, this country is all about money? Taking your money!

Filed: Timeline
Posted

What do you mean with "government has given her time to find a plane ticket"? Ie is she on the legal holiday part at the end of a student visa, was she given voluntary departure, is she in removal proceedings etc?

Assuming immigration has taken no action against her yet:

- If you marry now, she should be able to AOS (Adjust Status), as overstay is not a bar to getting a greencard when married to a US citizen. If you choose this route, do NOT let her leave before she has the greencard in hand, which will be several months.

- If she goes back to her country, it depends how long she overstayed- if less than 180 days, she will get asked questions about it at interview, but should be ok. If 180- 365 days, she will have a 3 year ban; if overstay is more than a year, she faces a ten year ban.

yes, being that she was on a student visa, she was entitled to take a vacation at some point in time during her stay. recently her student visa has expired, and she just took her legal holiday in december. being that her student visa was prematurely ended due to her losing her host housing with her host family, her visa has been terminated. she is trying to obtain a 5 year student visa, but honestly i feel that this probably won't happen. i hope that i'm wrong, but i dunno too much about how a student visa works. could you fill me in please?

Bit lost on this subject, my kids that became foreign exchange students couldn't even leave here until they had a round trip ticket. And those of us that buy plane tickets, learn very quickly that a round trip ticket is even cheaper than a one way ticket. We got round trip tickets when my wife and daughter came here, first off was cheaper, second, they needed those to enter the country, after the AOS, had a ticket burning ceremony.

Just our experience, what you are saying doesn't make sense about not having a return ticket, and what about this girls' family? Don't they want her back? If there is a way to come here with a one way ticket, please share how this was done.

well to clarify things, i didn't realized that a round trip ticket would be cheaper, i live in hawaii and this girl is from thailand. secondly, i dunno how she doesn't have a return ticket, but i'm guessing that because of her student visa being a duration for a year with a possible extension of another year, which she took, she probably didn't have to buy the return ticket from the start. if i am wrong, then it's due to my lack of knowledge, this is is what i think happened. as to her family not wanting her back, she doesn't want to leave at the moment. her parents support respect that idea that she doesn't want to return home, and wants to live in america. also she is working on trying to get another student visa, but enrolling in more schooling, but i don't really know how this works. i just assumed that after your visa was up, that was it and there wasn't any extensions on it, but i maybe wrong.

Filing for an adjustment of status is not cheaper than a plane ticket. However she does not have to leave. If you would like to help her, then u will have to apply for a marriage license, marry her, then u file a petition for her along with adjusting her status and employment authorization. There are no penalties to u for doing so unless the marriage is not real and they find out. So u will need to show proof of a bona fide marriage. If u plan to marry her, do not let her return to her home country until she has her greencard in hand.

thanks, this has been a great help. she doesn't plan on leaving the country any time soon, and i'm a good thing that she doesn't want to either.

USCIS is not all that bad, forms like the I-864 and the I-693 are free to file, but have to be rich before signing the I-864 and will be dirt poor again paying a USCIS approved doctor to fill out the I-693. The I-485 is a real pocketbook emptier. EAD is optional, but will set you back 360 bucks. And why even that I-130, could be a small part of the I-485. G325A's are also redundant. Ever get the idea, this country is all about money? Taking your money!

how much would the estimated total cost be? i have heard from a few people that it's not that expensive to file for these forms. it might be if the girl i am trying to bring is already outside of the US, however, this girl is still in america with an expired visa. the 360 bucks isn't that bad... but i'm more so worried when it starts to hit the thousands.

thanks everyone for your quick replies... i appreciate any and all comments.

raverboy

What do you mean with "government has given her time to find a plane ticket"? Ie is she on the legal holiday part at the end of a student visa, was she given voluntary departure, is she in removal proceedings etc?

Assuming immigration has taken no action against her yet:

- If you marry now, she should be able to AOS (Adjust Status), as overstay is not a bar to getting a greencard when married to a US citizen. If you choose this route, do NOT let her leave before she has the greencard in hand, which will be several months.

- If she goes back to her country, it depends how long she overstayed- if less than 180 days, she will get asked questions about it at interview, but should be ok. If 180- 365 days, she will have a 3 year ban; if overstay is more than a year, she faces a ten year ban.

yes, being that she was on a student visa, she was entitled to take a vacation at some point in time during her stay. recently her student visa has expired, and she just took her legal holiday in december. being that her student visa was prematurely ended due to her losing her host housing with her host family, her visa has been terminated. she is trying to obtain a 5 year student visa, but honestly i feel that this probably won't happen. i hope that i'm wrong, but i dunno too much about how a student visa works. could you fill me in please?

Bit lost on this subject, my kids that became foreign exchange students couldn't even leave here until they had a round trip ticket. And those of us that buy plane tickets, learn very quickly that a round trip ticket is even cheaper than a one way ticket. We got round trip tickets when my wife and daughter came here, first off was cheaper, second, they needed those to enter the country, after the AOS, had a ticket burning ceremony.

Just our experience, what you are saying doesn't make sense about not having a return ticket, and what about this girls' family? Don't they want her back? If there is a way to come here with a one way ticket, please share how this was done.

well to clarify things, i didn't realized that a round trip ticket would be cheaper, i live in hawaii and this girl is from thailand. secondly, i dunno how she doesn't have a return ticket, but i'm guessing that because of her student visa being a duration for a year with a possible extension of another year, which she took, she probably didn't have to buy the return ticket from the start. if i am wrong, then it's due to my lack of knowledge, this is is what i think happened. as to her family not wanting her back, she doesn't want to leave at the moment. her parents support respect that idea that she doesn't want to return home, and wants to live in america. also she is working on trying to get another student visa, but enrolling in more schooling, but i don't really know how this works. i just assumed that after your visa was up, that was it and there wasn't any extensions on it, but i maybe wrong.

Filing for an adjustment of status is not cheaper than a plane ticket. However she does not have to leave. If you would like to help her, then u will have to apply for a marriage license, marry her, then u file a petition for her along with adjusting her status and employment authorization. There are no penalties to u for doing so unless the marriage is not real and they find out. So u will need to show proof of a bona fide marriage. If u plan to marry her, do not let her return to her home country until she has her greencard in hand.

thanks, this has been a great help. she doesn't plan on leaving the country any time soon, and i'm a good thing that she doesn't want to either.

USCIS is not all that bad, forms like the I-864 and the I-693 are free to file, but have to be rich before signing the I-864 and will be dirt poor again paying a USCIS approved doctor to fill out the I-693. The I-485 is a real pocketbook emptier. EAD is optional, but will set you back 360 bucks. And why even that I-130, could be a small part of the I-485. G325A's are also redundant. Ever get the idea, this country is all about money? Taking your money!

how much would the estimated total cost be? i have heard from a few people that it's not that expensive to file for these forms. it might be if the girl i am trying to bring is already outside of the US, however, this girl is still in america with an expired visa. the 360 bucks isn't that bad... but i'm more so worried when it starts to hit the thousands.

thanks everyone for your quick replies... i appreciate any and all comments.

raverboy

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

yes, being that she was on a student visa, she was entitled to take a vacation at some point in time during her stay. recently her student visa has expired, and she just took her legal holiday in december. being that her student visa was prematurely ended due to her losing her host housing with her host family, her visa has been terminated. she is trying to obtain a 5 year student visa, but honestly i feel that this probably won't happen. i hope that i'm wrong, but i dunno too much about how a student visa works. could you fill me in please?

well to clarify things, i didn't realized that a round trip ticket would be cheaper, i live in hawaii and this girl is from thailand. secondly, i dunno how she doesn't have a return ticket, but i'm guessing that because of her student visa being a duration for a year with a possible extension of another year, which she took, she probably didn't have to buy the return ticket from the start. if i am wrong, then it's due to my lack of knowledge, this is is what i think happened. as to her family not wanting her back, she doesn't want to leave at the moment. her parents support respect that idea that she doesn't want to return home, and wants to live in america. also she is working on trying to get another student visa, but enrolling in more schooling, but i don't really know how this works. i just assumed that after your visa was up, that was it and there wasn't any extensions on it, but i maybe wrong.

thanks, this has been a great help. she doesn't plan on leaving the country any time soon, and i'm a good thing that she doesn't want to either.

how much would the estimated total cost be? i have heard from a few people that it's not that expensive to file for these forms. it might be if the girl i am trying to bring is already outside of the US, however, this girl is still in america with an expired visa. the 360 bucks isn't that bad... but i'm more so worried when it starts to hit the thousands.

thanks everyone for your quick replies... i appreciate any and all comments.

raverboy

yes, being that she was on a student visa, she was entitled to take a vacation at some point in time during her stay. recently her student visa has expired, and she just took her legal holiday in december. being that her student visa was prematurely ended due to her losing her host housing with her host family, her visa has been terminated. she is trying to obtain a 5 year student visa, but honestly i feel that this probably won't happen. i hope that i'm wrong, but i dunno too much about how a student visa works. could you fill me in please?

well to clarify things, i didn't realized that a round trip ticket would be cheaper, i live in hawaii and this girl is from thailand. secondly, i dunno how she doesn't have a return ticket, but i'm guessing that because of her student visa being a duration for a year with a possible extension of another year, which she took, she probably didn't have to buy the return ticket from the start. if i am wrong, then it's due to my lack of knowledge, this is is what i think happened. as to her family not wanting her back, she doesn't want to leave at the moment. her parents support respect that idea that she doesn't want to return home, and wants to live in america. also she is working on trying to get another student visa, but enrolling in more schooling, but i don't really know how this works. i just assumed that after your visa was up, that was it and there wasn't any extensions on it, but i maybe wrong.

thanks, this has been a great help. she doesn't plan on leaving the country any time soon, and i'm a good thing that she doesn't want to either.

how much would the estimated total cost be? i have heard from a few people that it's not that expensive to file for these forms. it might be if the girl i am trying to bring is already outside of the US, however, this girl is still in america with an expired visa. the 360 bucks isn't that bad... but i'm more so worried when it starts to hit the thousands.

thanks everyone for your quick replies... i appreciate any and all comments.

raverboy

You have to file an I-130 to petition her, also a G-325A, and that infamous I-864 showing you have enough income to support her, she has to file that I-485, G-325A, I-693, the I-765 is optional. USCIS form site shows the fees. If she is over 18, never married, can be far simpler, we ran into complications in bring my stepdaughter here, her biological father that abandoned her for like six years, refused to sign a permission affidavit that led to an expensive court battle. Other crazy things we ran into, was typos in such things as birth certificates, divorce papers, previous marriage certificates that was done by my wife's government. But there we had to go to court paying what they call a notary to correct their stupid mistakes. Then to do this in a reasonable length of time, not waiting 2-3 years, had to pay the judge under the table. All in all cost me over $15,000 to bring my wife and stepdaughter here, and all their documents had to be translated into English, another expense.

One piece of paper that was difficult for my wife to get, but didn't cost anything was from her criminal department stating she did not have a criminal record in her home country, was further complicated because my wife was born in Colombia but naturalized in Venezuela, she needed both. Stepdaughter just needed one from Venezuela as she was born there. At the time, I have never even heard of the USCIS, but learned at the time, the INS as it was once called was an independent agency but then under the jurisdiction of Homeland Security. They also changed all the forms that I couldn't make head nor tails of, my minor is in English, so I was force to hire an immigration attorney. Any errors on these forms can result in rejection and loss of fees. Back then it was around 1,300 bucks per person, had two so that was 2,600 bucks to lose plus time.

Another complication I ran into was supplying my birth certificate, didn't have to show that since I was drafted, stupid state of Illinois hired a bunch of foreigners to translate all birth certificates into a computerized database and made an infinite number of typos. Only cost me eight bucks for fought with Springfield for two months before they finally got it right. God, I hate our governmental agencies. Yet another was I run my own business, perfectly legal to write off equipment, really didn't have a private jet to write off nor a 200 foot yacht, but had to have my assets professionally listed that came to quite a tidy sum as my net income was marginal for that crazy I-864. We ended up sending in over a 2" pile of evidence with my, wifes', and stepdaughters documents. Then after all this, was a major shock they only got a two year conditional green card. Same ####### again for the I-751, then again for the N-400. And then you are dealing with people with an IQ of less than four, a requirement to become a government employee, apparently, don't know anything.

I did save some money on that I-693 by finding a USCIS approved doctor that was willing to accept certificates from the University of Wisconsin Medical School that my wife and stepdaughter didn't have this or that disease. Just one example, most doctors I had contacted wanted 250 bucks just to run an AIDS test, the list of communicable diseases is long if you read that I-693, many such tests. Where the medical school only charged an average of 25 bucks per test, I had that times two, so was paying 50 bucks rather than 500 bucks for just that one test. Also had my wife bring along hers, and her daughters entire history of shot records. If you don't have those records, have to pay to get those shots again. This country really has a healthcare problem, more like highway robbery. Wasn't that way before that crook, Reagan became president. And not one administration has changed that. what use to cost 5 bucks is more like 500 bucks today. Wouldn't be bad if yours or my income kept up with that, dentist are also crooks, and vets are becoming the same way.

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...