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MamaLove

Overstayed and married a US Citizen

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

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MamaLove Apprentice

MamaLove   0

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

payxibka Grand Master

payxibka   10,047

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

Inky Grand Master

Inky   1,111

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

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.

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Deputy Purple Experienced

Deputy Purple   1,294

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Filed: Country:
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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

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
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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

Fandango Grand Master

Fandango   1,440

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!

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.

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.

Harsh_77 Mentor

Harsh_77   718

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.

 
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