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Please help overstay 5 years and married to usc

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

I'm really appreciated all the help.I will wait until i give birth and find a good immigration lawyer to discuss my situation. If any know a good immigration lawyer in Bay Area CA let me know.

Thanks for all

The baby won't make it any "easier" regarding immigration so go ahead and get started now with an attorney to learn what lies ahead. The steps are likely not going to be easy. The sooner you begin, the sooner you know your options.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: Haiti
Timeline

The baby won't make it any "easier" regarding immigration so go ahead and get started now with an attorney to learn what lies ahead. The steps are likely not going to be easy. The sooner you begin, the sooner you know your options.

Her only option will always be to return to her home country and start from scratch with her new husband filling a new application to bring her as a spouse, plus the waiver for overstaying. If I was her I would just contact a lawyer who specializes in Waivers to cut cost.

K1 visa made it clear to leave if you've decided not to marry the Petitioner, hiring a lawyer to tell you whats your option after not meeting the requirement is a waste of money.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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

Why are people giving advice on how to illegally enter this country, she is illegal and should be reported to USCIS now, not given advice how to avoid paying for her crime.

Have rasied this question over and over on this board, but sometimes ppl on this forum have a soft corner for the family and tell them how they can circumvent the system.

In this case OP will be able to move back to US since she is married to USC now, after they file for waiver which more or liekly will be approved and her illegal stay would be forgiven.

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Filed: K-1 Visa Country: Vietnam
Timeline

I'm really appreciated all the help.I will wait until i give birth and find a good immigration lawyer to discuss my situation. If any know a good immigration lawyer in Bay Area CA let me know.

Thanks for all

What country are you from? Different attorneys have specific experience dealing with immigrants from specific countries. Depending on the country, you may be better off hiring an attorney who is not in the bay area.

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!

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Filed: K-1 Visa Country: Wales
Timeline

The big question is the Country concerned, some are much easier than others.

If you are Mexican you could be back in a few days.

“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.”

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Filed: K-1 Visa Country: Ireland
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To All - remember that we are not here to judge anyone, just help, give advice on what's the best way to deal with the mess someone put themselves in. So please restrain yourselves from any judgmental comments...it's pretty annoying, no one is asking what do you think about this VJ member and what she has done. She simply asks what's the best way to proceed.

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Filed: K-1 Visa Country: Wales
Timeline

I agree that we should not judge. However, I agree with previous posts that we should not help people that committed crime of entering this country illegally. I live in California and I am tired of those illegals eating up my taxes!

They don't pay taxes and they receive all the benefits.

She entered the Country legally, on a K1.

Even if she had entered wet foot, it is not a crime, interestingly. If you have an issue with that you need to speak to your Representatives.

“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.”

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Why are people giving advice on how to illegally enter this country, she is illegal and should be reported to USCIS now, not given advice how to avoid paying for her crime.

I don't think anybody is giving advice on how to illegally enter the country. Actually, everybody is doing the exact opposite. She already entered legally. Everybody is giving advice on what she can now legally do to fix her situation.

 

 

 

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Filed: Citizen (apr) Country: Russia
Timeline

She entered the Country legally, on a K1.

Even if she had entered wet foot, it is not a crime, interestingly. If you have an issue with that you need to speak to your Representatives.

I do not have an issue with anything on this web site as long as we help people that are trying to do things legally. I have a problem with helping people that are here illegally. This is cheating and we should not assist in cheating. This is my issue. Either way you put it the moment her K1 expired she IS illegal.

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You've got a lot learn, young grasshopper...

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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Filed: Country: China
Timeline

I don't see anyone as giving her advice on how to circumvent the system. Everyone is saying the same thing. Contact an attorney but you will have to go home. Filing for a hardship waiver is not circumventing the system. I would much rather they receive advice on how to become legal the correct way than to be completely turned away and have them give up and just remain here illegally. Given that they violated the initial K1 I can see that being the case very quickly. :bonk:

This is an inherent problem with the K1 visa IMO.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Filed: Other Country: Russia
Timeline

I agree that we should not judge. However, I agree with previous posts that we should not help people that committed crime of entering this country illegally. I live in California and I am tired of those illegals eating up my taxes!

They don't pay taxes and they receive all the benefits.

It's against the TOS to assist or instruct others in committing illegal immigration acts. It is NOT against the TOS to give others advice on what they can legally do. Helping others immigrate legally is one of the purposes of this site.

QCjgyJZ.jpg

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Filed: Other Country: China
Timeline

You've got a lot learn, young grasshopper...

Are you suggesting that the overstay is not illegal? This grasshopper is confused. She entered legally and overstayed...? I know its not the topic but shouldn't the OP try to make that situation right before trying to adjust or applying for another visa?

Sorry I'm a still a rookie.

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