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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

The 10 year Visa only allows her to come and go for 10 yrs not stay in the us for 10 yrs. Usually there is a 90 day limit to the actual visit time or maybe more depending what her stamp says but im pretty certain it doesnt say she can stay and visit for 10 straight years.

Yes, leaving the country will definitely trigger a ban.

Even if she stays and does the AOS she will probably need an attorney to help them AOS.

10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

***** Merged two threads on the same issue. Please do not start more than one thread on a question. *****

Yeah sorry about that, I had realized that it might be better to post the question in this other forum, and as far as I know, I don't have control to delete my own posts.

07.24.09 Met in Mexico.

03.18.10 Began dating via internet.

07.10.10 Arrived in Mexico, 2nd trip.

12.16.10 Returned home to US. Last time I've seen him :(

12.20.10 I-129f sent to Dallas.

12.28.10 I-129f received.

12.30.10 NOA1

05.04.11 NOA2

05.07.11 Received hardcopy NOA2 in the mail.

05.31.11 NVC receive.

06.02.11 NVC sent.

06.02.11 Consulate Received.

06.13.11 Packet 3 Received.

06.13.11 Packet 3 Sent. (i.e. submitting DS-260 and filling out and printing DS-156 and DS-156K)

06.14.11 Scheduled ASC and interview.

07.10.11 Departure to Mexico City.

07.11.11 Mexico City to Juárez.

07.12.11 Medical

07.13.11 ASC appointment

07.14.11 INTERVIEW! and APPROVED!! :)

07.21.11 Visa in Transit.

07.22.11 Visa Ready to be Picked Up @ DHL.

07.23.11 Picked up visa @ DHL.

07.23.11 Crossed border to El Paso.

07.24.11 Flight to Boston and FINALLY IN MY ARMS AGAIN!!! Thank you Lord!

09.17.11 Married!

09.27.11 Sent in papers for AOS

02.13.12 Received RFE

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

Even if she has overstayed, she can adjust her status through a marriage to a US citizen. Obviously that should not be the reason for the marriage, but assuming the situation is as you described it, and they fell in love, got engaged and want to get married for the right reason, they can do that and pursue AOS. She should not leave the US until the AOS process is finished and she has her greencard. Because of the overstay, she is subject to 3 or 10 year ban which will trigger if she leaves the country.

But how would they ever approve her green card if she is technically now here illegally (i.e. past her time limit)? That's what baffles me. Does it mean she has a much less chance of them approving it? And if they don't approve it, she would then have to return to Mexico, I imagine, right?

07.24.09 Met in Mexico.

03.18.10 Began dating via internet.

07.10.10 Arrived in Mexico, 2nd trip.

12.16.10 Returned home to US. Last time I've seen him :(

12.20.10 I-129f sent to Dallas.

12.28.10 I-129f received.

12.30.10 NOA1

05.04.11 NOA2

05.07.11 Received hardcopy NOA2 in the mail.

05.31.11 NVC receive.

06.02.11 NVC sent.

06.02.11 Consulate Received.

06.13.11 Packet 3 Received.

06.13.11 Packet 3 Sent. (i.e. submitting DS-260 and filling out and printing DS-156 and DS-156K)

06.14.11 Scheduled ASC and interview.

07.10.11 Departure to Mexico City.

07.11.11 Mexico City to Juárez.

07.12.11 Medical

07.13.11 ASC appointment

07.14.11 INTERVIEW! and APPROVED!! :)

07.21.11 Visa in Transit.

07.22.11 Visa Ready to be Picked Up @ DHL.

07.23.11 Picked up visa @ DHL.

07.23.11 Crossed border to El Paso.

07.24.11 Flight to Boston and FINALLY IN MY ARMS AGAIN!!! Thank you Lord!

09.17.11 Married!

09.27.11 Sent in papers for AOS

02.13.12 Received RFE

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I had a 10 year Visa but it was for 6 months at a time not straight 10 years would have to go back after the 6 months were up and come back after a stay back in UK so I think she has over stayed her visa and if she gets married and applies for AOS they may pick up on it and deport her

Filed: K-3 Visa Country: United Kingdom
Timeline
Posted

Hey guys, I have a Mexican friend who is here on a tourist visa and wants to get married to a US citizen. Is this allowable? What will happen if she does? Does she risk deportation? She wants to get married next month so we need an answer ASAP!!

I got married in England on my tourist visa :star:

I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

Has she been working?

She's been teaching English, but I'm not sure whether she's been getting paid for it. She's been doing a lot of missionary activity, which clearly doesn't get paid, but about the teaching part, I'm not sure. I'll ask her.

07.24.09 Met in Mexico.

03.18.10 Began dating via internet.

07.10.10 Arrived in Mexico, 2nd trip.

12.16.10 Returned home to US. Last time I've seen him :(

12.20.10 I-129f sent to Dallas.

12.28.10 I-129f received.

12.30.10 NOA1

05.04.11 NOA2

05.07.11 Received hardcopy NOA2 in the mail.

05.31.11 NVC receive.

06.02.11 NVC sent.

06.02.11 Consulate Received.

06.13.11 Packet 3 Received.

06.13.11 Packet 3 Sent. (i.e. submitting DS-260 and filling out and printing DS-156 and DS-156K)

06.14.11 Scheduled ASC and interview.

07.10.11 Departure to Mexico City.

07.11.11 Mexico City to Juárez.

07.12.11 Medical

07.13.11 ASC appointment

07.14.11 INTERVIEW! and APPROVED!! :)

07.21.11 Visa in Transit.

07.22.11 Visa Ready to be Picked Up @ DHL.

07.23.11 Picked up visa @ DHL.

07.23.11 Crossed border to El Paso.

07.24.11 Flight to Boston and FINALLY IN MY ARMS AGAIN!!! Thank you Lord!

09.17.11 Married!

09.27.11 Sent in papers for AOS

02.13.12 Received RFE

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

Hey guys, I have a Mexican friend who is here on a tourist visa and wants to get married to a US citizen. Is this allowable? What will happen if she does? Does she risk deportation? She wants to get married next month so we need an answer ASAP!!

it is allowable... deportation is not in unless there's some crime involved with her history. Illegal presence will be forgiven. How did she enter the USA.. the Normal way like everyone else or crossing that US Border in Mexico... .......................

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Filed: Other Country: China
Timeline
Posted

She's been teaching English, but I'm not sure whether she's been getting paid for it. She's been doing a lot of missionary activity, which clearly doesn't get paid, but about the teaching part, I'm not sure. I'll ask her.

My guess is that being here past the expiration of her I-94 and working and then trying to adjust from a B1/B2 based on marrying a USC could raise some difficult questions.

Posted

You need to talk to her and find out exactly what her situation is. Being here for more than 6 months means she's probably overstayed, though it's possible (though unlikely) that she got an extension. But almost sounds like she thinks her visa allows her to be here for 10 years. Find out if she's been paid a wage for any work she's done.

Absolutely no problem with her getting married. She may have issues when it comes to adjusting status, if that is their plan. But I don't think the problems are insurmountable. Just tell her they should start the process asap after they are married.

Posted

:no:

Getting married is no problem but her immigration will be the problem because she will have to PROVE that she did not come on a tourist visa just to circumvent the K1 or K3 system. That same applies if she was here on a work or education type of visa.

What is the rush??????????? if she can come and go for 10 years he could petition her and she can go through the K3 procedure in Mexico and travel here as many times as she wished on her tourist visa.

Posted

Too many unknowns on this one to give a proper answer. I have never heard of anyone being allowed to stay more than six months on a visa. The 10 year visa means she would not have to re-apply for 10 years, not stay for 10 years. If she returned to Mexico and then came back to the USA, that starts a fresh six month period.

If there is an overstay on a six month period, she may be in for big trouble. She might need to contact an extremely competent immigration attorney. If they marry, she may have to return to Mexico and they apply for the K-3 visa. That can usually involve being apart a year or more.

Posted

If there is an overstay on a six month period, she may be in for big trouble. She might need to contact an extremely competent immigration attorney. If they marry, she may have to return to Mexico and they apply for the K-3 visa. That can usually involve being apart a year or more.

If they marry and she has overstayed her visa, and returns to Mexico without having a greencard, she will immediately trigger a 3 or 10 year ban which will be a pain to waive. As long as she stays in the US, she is eligible to adjust her status here to legal permanent resident - but she cannot leave until she has the physical GC in her hands.

But how would they ever approve her green card if she is technically now here illegally (i.e. past her time limit)? That's what baffles me. Does it mean she has a much less chance of them approving it? And if they don't approve it, she would then have to return to Mexico, I imagine, right?

Overstay of a previous visa does not prevent a foreigner to adjust his/her status to legal permanent resident (i.e. a greencard holder) when the AOS is based on marriage to a US citizen - as long as she originally entered the country legally, meaning she came through a legal point of entry, was inspected on her way in, and was given an I-94 card. As long as that happened and she did not "hop the fence", so to speak, she is eligible to adjust her status within the US despite of overstaying her tourist visa.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

:no:

Getting married is no problem but her immigration will be the problem because she will have to PROVE that she did not come on a tourist visa just to circumvent the K1 or K3 system. That same applies if she was here on a work or education type of visa.

What is the rush??????????? if she can come and go for 10 years he could petition her and she can go through the K3 procedure in Mexico and travel here as many times as she wished on her tourist visa.

So it's possible to have both a tourist visa and a fiance or spouse visa at the same time? Didn't know that. For the fiance visa for instance, upon entering the country (and she's already here...) then they have to marry within 90 days or she has to go back. But why would she be forced to go back if her 10 year visa is in place? Does the fiance visa override it, or what happens?

Also, maybe part of the rush is that they are both 36 and who knows if they might want kids.

07.24.09 Met in Mexico.

03.18.10 Began dating via internet.

07.10.10 Arrived in Mexico, 2nd trip.

12.16.10 Returned home to US. Last time I've seen him :(

12.20.10 I-129f sent to Dallas.

12.28.10 I-129f received.

12.30.10 NOA1

05.04.11 NOA2

05.07.11 Received hardcopy NOA2 in the mail.

05.31.11 NVC receive.

06.02.11 NVC sent.

06.02.11 Consulate Received.

06.13.11 Packet 3 Received.

06.13.11 Packet 3 Sent. (i.e. submitting DS-260 and filling out and printing DS-156 and DS-156K)

06.14.11 Scheduled ASC and interview.

07.10.11 Departure to Mexico City.

07.11.11 Mexico City to Juárez.

07.12.11 Medical

07.13.11 ASC appointment

07.14.11 INTERVIEW! and APPROVED!! :)

07.21.11 Visa in Transit.

07.22.11 Visa Ready to be Picked Up @ DHL.

07.23.11 Picked up visa @ DHL.

07.23.11 Crossed border to El Paso.

07.24.11 Flight to Boston and FINALLY IN MY ARMS AGAIN!!! Thank you Lord!

09.17.11 Married!

09.27.11 Sent in papers for AOS

02.13.12 Received RFE

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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