Jump to content
MamaLove

Overstayed and married a US Citizen

By MamaLove in Adjustment of Status from Work, Student, & Tourist Visas

 Share

26 posts in this topic

Recommended Posts

MamaLove Apprentice

MamaLove   0

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

Hi there. is there someone out there who can give me Idea on what to do with my case? I overstayed my B1 visa for 2 years and now, just recently I married a US citizen and definitely this is not a "marriage of convenience" :no: do I need a lawyer? because I also declared back then on my B1 visa application form that I am married when in fact I was not. it was an ill advise from a friend working on a travel agency that I can pass the B1 visa interview if I declared that I'm married. Thanks a lot and have a good day. :yes:

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hi there. is there someone out there who can give me Idea on what to do with my case? I overstayed my B1 visa for 2 years and now, just recently I married a US citizen and definitely this is not a "marriage of convenience" :no: do I need a lawyer? because I also declared back then on my B1 visa application form that I am married when in fact I was not. it was an ill advise from a friend working on a travel agency that I can pass the B1 visa interview if I declared that I'm married. Thanks a lot and have a good day. :yes:

certainly not a K-1 fiance(e) visa which is the forum you posted this topic in...

You will need to adjust your status via an I-130/I-485...

moving this thread

YMMV

Link to comment
Share on other sites
Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I would get a consult from a lawyer.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Link to comment
Share on other sites
buttercup212 Apprentice

buttercup212   1

Posted
Filed: AOS (pnd) Timeline
Posted

I also declared back then on my B1 visa application form that I am married when in fact I was not. it was an ill advise from a friend working on a travel agency that I can pass the B1 visa interview if I declared that I'm married. Thanks a lot and have a good day. :yes:

WOW.

Link to comment
Share on other sites
  • Popular Post
Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
  • Popular Post
Posted

Actually they could be charged with Material Misrepresentation which would trigger a lifetime ban. Then they would need a hardship waiver to overcome the ban.

Why "Material" Misrepresentation instead of just misrepresentation? Well because the "I'm married in my home country" statement is used to prove strong ties back home. If the B-Visa issuance hinged upon that strong tie then they misrepresented a material fact that swayed the decision to issue the Visa.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

Link to comment
Share on other sites
  • Popular Post
Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
  • Popular Post
Posted

As the spouse of a US citizen, you are eligible to file for Adjustment of Status (AOS) and the whole thing would be straight forward despite your overstay. However, and here I have to agree with Bob, the misinformation regarding your martial status can become a dealbreaker for life. Normally I'd suggest you return home and file for an CR-1 visa. This won't work in your case, however, as you would trigger the 10-year bar the moment you leave.

If I were you, I would find two or three top notch immigration attorneys and present this issue at an initial consultation. Understand that an attorney cannot do anything illegal, so you'll have to state that you erroneously made this mistake, not that you planed on using fraud in order to get a visa that would allow you to enter the United States. They'll understand the same way we understand this right away.

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

Link to comment
Share on other sites
Fandango Grand Master

Fandango   1,439

Posted
Filed: Timeline
Posted

Actually they could be charged with Material Misrepresentation which would trigger a lifetime ban. Then they would need a hardship waiver to overcome the ban.

Why "Material" Misrepresentation instead of just misrepresentation? Well because the "I'm married in my home country" statement is used to prove strong ties back home. If the B-Visa issuance hinged upon that strong tie then they misrepresented a material fact that swayed the decision to issue the Visa.

Very good point, that was my point as well...but I did not know that there was a difference between misrep and material misrep....thanks for teaching me something new today!

Link to comment
Share on other sites
Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

I will go with what everyone said earlier, get top notch immigration lawyer and get ready to shell out money and get ready to lose peace of your mind.

It’s not just the question of AOS, but it’s a fraud – that you blatantly lied to obtain B1 Visa.

Link to comment
Share on other sites
Rick_ES_USA Explorer

Rick_ES_USA   13

Posted
Filed: F-1 Visa Country: El Salvador
 Timeline
Posted

Deer sweet pea:

In my opinion the only chance you have, is that some how, they do not connect the dots. I'm not so sure how strong the relationship is, between the form you filled out for your tourist visa (DS-156) and the forms used in the immigrant visa process DS-230. Do NVC or embassy people compare both forms and its information for accuracy ans consistency? .... this is the key question. Are those 2 forms linked in a systematical way, so that interviewers follow rules to compare them always?

May be someone here can give us some inside on this question.

Link to comment
Share on other sites
LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

Deer sweet pea:

In my opinion the only chance you have, is that some how, they do not connect the dots. I'm not so sure how strong the relationship is, between the form you filled out for your tourist visa (DS-156) and the forms used in the immigrant visa process DS-230. Do NVC or embassy people compare both forms and its information for accuracy ans consistency? .... this is the key question. Are those 2 forms linked in a systematical way, so that interviewers follow rules to compare them always?

May be someone here can give us some inside on this question.

Hint, immigration does use computer to store and process files. They do not keep paper files as trails. They do have systems that compare business rules against the intent action of an application.

Link to comment
Share on other sites
Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Deer sweet pea:

In my opinion the only chance you have, is that some how, they do not connect the dots. I'm not so sure how strong the relationship is, between the form you filled out for your tourist visa (DS-156) and the forms used in the immigrant visa process DS-230. Do NVC or embassy people compare both forms and its information for accuracy ans consistency? .... this is the key question. Are those 2 forms linked in a systematical way, so that interviewers follow rules to compare them always?

May be someone here can give us some inside on this question.

Do you think they dont connect dots, when they ask you for all your previous visits to US.

Link to comment
Share on other sites
 
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
 Share
Go to topic listing
- 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...