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Lumidee

B2 overstayed

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

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Lumidee Newbie

Lumidee   0

Posted
Filed: AOS (pnd) Country: El Salvador
 Timeline
Posted

Hey to all of you!

My name is Ingrid and I sent my forms I-130/I-485/I-765 on 09/27/2011. Lately i've been wondering if I'm going to have any problem regarding my overstay here in the states, this is my story:

I came here on august last year just to visit my uncles and met my now husband on december of last year, I was allowed to stay here until february 2011 but we wanted more time to be together, so I applied for an extension of stay before my I94 expired, got a response on early march and they denied it. My husband and I got married here in the states n june 2011 and just applied for my adjustment of status. Well my question is if I can have a problem due to that denial?? I would appreciate if any of you who have been in the same situation could give me an advice or opinion ^^*

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desmond&molly Contributor

desmond&molly   5

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

HI Ingrid. The overstay is forgiven because you are adjusting as the spouse of a US citizen. So long as you have evidence that you came in with inspection (I94) and prove your marriage is bona fide you're good to go.

Just remember not to leave while your case is pending because of the overstay you could get into problems. Just wait until you have the green card in hand to leave the country.

suerte!

Our visa journey:

07/18/11 :: Day 000 Package received at Chicago Lockbox

07/20/11 :: Day 002 Received email/text message notification

07/26/11 :: Day 008 Received Hard Copy NOA1 (I-485 & I-765)

08/12/11 :: Day 025 Received Biometrics Appointment

08/19/11 :: Day 032 Biometrics appointment 11am

09/13/11 :: Day 057 EAD Card Production Ordered

09/19/11 :: Day 063 EAD Card Sent

09/22/11 :: Day 065 USPS left notice couldn't deliver EAD (at old address)

10/07/11 :: Day 081 Appointment letter sent

10/11/11 :: Day 085 Appointment letter received (at new address)

10/13/11 :: Day 087 Congressman's office got tracking number of EAD

10/21/11 :: Day 101 EAD sent back to USCIS

10/25/11 :: Day 105 EAD resent (current address)

10/27/11 :: Day 107 EAD Card Received

11/16/11 :: Day 121 Interview - Approved and card production ordered!

11/25/11 :: Day 130 GC arrived in the mail

Lumidee Newbie

Lumidee   0

Posted
Filed: AOS (pnd) Country: El Salvador
 Timeline
  • Author
Posted

HI Ingrid. The overstay is forgiven because you are adjusting as the spouse of a US citizen. So long as you have evidence that you came in with inspection (I94) and prove your marriage is bona fide you're good to go.

Just remember not to leave while your case is pending because of the overstay you could get into problems. Just wait until you have the green card in hand to leave the country.

suerte!

Ohhh whew, I definitely feel more relaxed now, this process can be really stressful :wacko: Just hope to hear from them soon and that everything goes well. Thanks for your time!!! (L)

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

The overstay is not being forgiven; it's not being made an issue of at the AOS stage or at any point thereafter, as long as your AOS petition is being approved.

Since there's no reason to assume that your AOS petition will be denied (or is there?), you need not to worry what they'll do to you should the unexpected happen.

Edited by Just Bob

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

desmond&molly Contributor

desmond&molly   5

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

True! Not forgiven. Let's say USCIS makes an exception in this case to the rule that persons that have overstayed cannot adjust status.

Our visa journey:

07/18/11 :: Day 000 Package received at Chicago Lockbox

07/20/11 :: Day 002 Received email/text message notification

07/26/11 :: Day 008 Received Hard Copy NOA1 (I-485 & I-765)

08/12/11 :: Day 025 Received Biometrics Appointment

08/19/11 :: Day 032 Biometrics appointment 11am

09/13/11 :: Day 057 EAD Card Production Ordered

09/19/11 :: Day 063 EAD Card Sent

09/22/11 :: Day 065 USPS left notice couldn't deliver EAD (at old address)

10/07/11 :: Day 081 Appointment letter sent

10/11/11 :: Day 085 Appointment letter received (at new address)

10/13/11 :: Day 087 Congressman's office got tracking number of EAD

10/21/11 :: Day 101 EAD sent back to USCIS

10/25/11 :: Day 105 EAD resent (current address)

10/27/11 :: Day 107 EAD Card Received

11/16/11 :: Day 121 Interview - Approved and card production ordered!

11/25/11 :: Day 130 GC arrived in the mail

Lumidee Newbie

Lumidee   0

Posted
Filed: AOS (pnd) Country: El Salvador
 Timeline
  • Author
Posted

No, that was the only reason I was worried about, I thought they (USCIS) could take that denial of my extension as a negative point since we also have known each other and being married for such a short period of time. Thanks for the quick reply! :thumbs:

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