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robhankins

Overstayed Tourist Visa - Uh Oh!

By robhankins in Working & Traveling During US Immigration

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robhankins Enthusiast

robhankins   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
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I have a friend in Texas who has overstayed her tourist visa by a year. What happens if she now marries her boyfriend? Can she still get legal residence? Does she have to go back to Phils? Please help. She doesn't know what to do. :help:

03/20/2006 - I-129F - Sent FedEX

03/28/2006 - NOA 1 (Receipt) - NOA issued from CSC

07/03/2006 - RFE (Receipt) - RFE Received

07/07/2006 - RFE and Waiver Request - RFE arrived at CSC

09/01/2006 - NOA2 - USCIS Email - Approved w/Waiver

09/22/2006 - Electronic Version - Manila - Embassy Received

12/13/2006 - Packet 4 Received via DHL

12/21/2007 - Medical St. Lukes

12/22/2006 - St. Luke's canceled medical in progress - required additional tests in Jan for upper respiratory congestion.

12/28/2006 - Interview Canceled because of congestion and cough during medical at St. Lukes

01/09/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/10/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/11/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/12/2007 - St. Luke's for pulmonary exam - EVERYTHING CLEAR

01/15/2007 - St. Luke's for vaccinations and release of medical to USE

02/26/2007 - Interview APPROVED - 11+ months for K1 Visa

03/05/2007 - Visa in hand

03/05/2007 - CFO Completed

03/06/2007 - Arrived in Dallas

04/29/2007 - Married in Dallas

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Dr_LHA Experienced

Dr_LHA   3

Posted
Filed: Citizen (pnd) Country: United Kingdom
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Posted

If she marries a USC, she can file AOS and remain in the country while her green card processes. If she wishes to remain she should not leave the country before she gets her green card because even with advance parole, her overstay could trigger a ban. She doesn't have to leave the country as her marriage to a USC will mean USCIS will forgive her overstay.

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ChristinaM Proficient

ChristinaM   0

Posted
Filed: Citizen (apr) Country: England
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http://www.uscis.gov/graphics/howdoi/legpermres.htm

she should not leave the country before she gets her green card because even with advance parole, her overstay could trigger a ban.

Not could, will.

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

robhankins,

Your friend should be asking an experienced immigration attorney what to do. The answers will likely depend on more information about her situation than you have presented here.

Yodrak

I have a friend in Texas who has overstayed her tourist visa by a year. What happens if she now marries her boyfriend? Can she still get legal residence? Does she have to go back to Phils? Please help. She doesn't know what to do.
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  • 1 year later...
steganos Newbie

steganos   0

Posted
Filed: Timeline
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on a similar topic...

a friend was here on an educational visa. she fell in love and got pregnant and now has a two year old infant. she graduated about 2 years ago and has officially overstayed her visa for about 1.5 years. the father is a US citizen as is the infant.

what is the best way for her to apply for citizenship? can the infant protest on behalf of his mother? which visa is best? what about overstaying and bans? is it best for her too to submit paperwork and stay in country while she waits? will they show the same forgiveness as in a green card? any recommendations?

signed,

ignorant - but trying to learn more and help

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eau_xplain Experienced

eau_xplain   2

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
on a similar topic...

a friend was here on an educational visa. she fell in love and got pregnant and now has a two year old infant. she graduated about 2 years ago and has officially overstayed her visa for about 1.5 years. the father is a US citizen as is the infant.

what is the best way for her to apply for citizenship? can the infant protest on behalf of his mother? which visa is best? what about overstaying and bans? is it best for her too to submit paperwork and stay in country while she waits? will they show the same forgiveness as in a green card? any recommendations?

signed,

ignorant - but trying to learn more and help

Did your friend marry the father of her child?

Since she has overstayed her previous visa, I don't think she is eligiblel for any other visas. The only way she can adjust her status is if she married the USC father of her child and files the I-130 + I-465.

The USC infant cannot petition his mother. A USC child has to be 21 yrs old to be eligible to petition a parent.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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