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blue11

Please help overstay 5 years and married to usc

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Filed: K-1 Visa Country: Haiti
Timeline

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.

Are you reading at all, she cannot make any situation right, the only option is to go back home and start a brand new application plus the waiver for her overstay which has a 10 year bar.

Its not illegal to help the OP take the right direction, overstaying is illegal but many still do it and its forgiven for Spouse of USC.

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: K-1 Visa Country: Wales
Timeline

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.

That is what the whole thread is about. What did you have in mind?

“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: Haiti
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.

What does that has to do with the situation the OP is facing right now, the OP is asking how to become legal not how to stay illegal in the US, she entered with a k1 visa.

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: Other Country: Russia
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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.

That's not the point of this thread. The OP knows she has accumulated unlawful presence. She is asking if she can adjust status based on marriage to a USC and the answer was no. She has also learned she can return to her home country and her husband can file a spouse visa and hardship waiver.

Since you are "a rookie", there are off topic section's here to discuss anything you want to talk about including illegal immigration. In this specific part of the forum, it is recommended that posts pertain to the topic at hand.

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

She entered legally, but key thing is she did not leave the country as she was supposed to and continued to live in the country for 5 years.

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.

Well some post are suggestive about leaving her baby in coutry or taking it with her and then claim hardship.......which is tell how to beat the system.

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Filed: K-1 Visa Country: Haiti
Timeline

She entered legally, but key thing is she did not leave the country as she was supposed to and continued to live in the country for 5 years.

Well some post are suggestive about leaving her baby in coutry or taking it with her and then claim hardship.......which is tell how to beat the system.

If she hadn't entered with a k1 visa her overstay would have been irrelevant since she's now married to a USC.

Since when advising someone on how to prove hardship becomes illegal.

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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She entered legally, but key thing is she did not leave the country as she was supposed to and continued to live in the country for 5 years.

Well some post are suggestive about leaving her baby in coutry or taking it with her and then claim hardship.......which is tell how to beat the system.

Nobody is telling her how to beat the system. People are telling her how to follow the rules of the system. And they are giving her advice to help her be successful when following those rules.

I think some people just see the situation she is in now and have decided they don't want her to ever be here legally.

 

 

 

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Filed: 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.

First of all, i want make it clear that i enter U.S legally and do you know what is k1 visa to called illegal entry and it's not a crime to stay here illegaly. Obviously, i don't need your oppion on my situation and you shouldn't be around here. This is the place that people with the experienced can give out advise, help and i'm sure you not one of them.

Edited by blue11
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Filed: Other Country: China
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Are you reading at all, she cannot make any situation right, the only option is to go back home and start a brand new application plus the waiver for her overstay which has a 10 year bar.

Its not illegal to help the OP take the right direction, overstaying is illegal but many still do it and its forgiven for Spouse of USC.

Sorry if my comment wasn't very clear. I was simply trying to understand the process and if it possible to change status from an overstay situation. I'll work on my reading comprehension before I comment again.

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Filed: IR-1/CR-1 Visa Country: China
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First of all, i want make it clear that i enter U.S legally and do you know what is k1 visa to called illegal entry and it's not a crime to stay here illegaly. Obviously, i don't need your oppion on my situation and you shouldn't be around here. This is the place that people with the experienced can give out advise, help and i'm sure you not one of them.

You entered legally, but after 90 days you became illegal and yes that it is a crime to live in the United States without authorization. You did not marry the original petitioner, the moment you made that decision you should have left the United States.

You did not do this, you have lived here for 5 years illegally.

If you had left when you where required to leave, and where trying to legally immigrate to the United States with your current husband I would be more then happy to give you advice how to make it happen.

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It turns my stomach to see the baby being the path back to the usa. And they say there's no such thing as an 'anchor baby'.

OP, does your husband know of your status?

An anchor baby usually has no ties to the US other than having been born there. The parents arent US citizens or LPR's.

Her baby would be a citizen through the father regardless of where the baby was born.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Filed: Citizen (apr) Country: Germany
Timeline

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.

She is not an illegal immigrant as she entered the country legally with a K-1 visa. Since she didn't get married to her then fiance, she is now out of status, has no legal status at all. That's why she would get banned from reentering the country once she leaves.

To "make it right" she has to indeed leave the USA, she would get banned from re-entering, even if her new application for a CR-1 would be approved. That's where the waiver comes into play. You file for the waiver to get around the ban.

There is nothing illgal about it, you either get it approved or you don't.

Like someone else said, this is the only legal way for her to return and live legally in the United States. The fact that she will have to leave at all and go through the whole process plus filing for the waiver (which will be very stressful) should be punishment enough.

No need to lash out at her over and over. What she did was stupid and wrong but it happened and now it's time to get her on the right way to be a Legal Permanent Resident.

Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 received visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transferred to California Service Center

01/16/2008 letter to Congressman

03/27/2008 GREENCARD arrived

ROC

02/02/2010 filed I-751

07/01/20010 Greencard arrived

 

Naturalization

12/08/2021 N-400 filed 

03/15/2022 Interview. Approved after "quality review"

05/11/2022 Oath Ceremony

 

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