Jump to content
White Pinoy

I130 and overstayed visa

By White Pinoy in K-3 Spouse Visa Process & Procedures

 Share

4 posts in this topic

Recommended Posts

White Pinoy Newbie

White Pinoy   0

Posted
Filed: Country: Philippines
 Timeline
Posted

My friend is here in the US with an expired visa. As I understand, she is here after her husband filed an I130 in 2004. She said her husband filed I130 and I129 at the same time and the I130 came first.

The I130 wasn't completed and her visa has expired. They want to know if they can pick up with the process where they left off.

Is this possible?

Do they have to start over?

Is there any harm in setting up an infopass appointment?

How much trouble would she be in if the Visa is 4 years expired?

Is there any need for a lawyer?

Any thoughts would be appreciated.

Thanks,

Khmerthai

Link to comment
Share on other sites
Tim/Mav Experienced

Tim/Mav   305

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Appears Visa fraud. Your Friend and Petitioner knew this the whole time.

A Info-Pass Appointment would be good. Even though it was never meant to be on purpose I somehow think the US Goverment will disagree..

Edited by Tim/Mav

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI
6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites
pushbrk Grand Master

pushbrk   12,883

Posted
Filed: Other Country: China
 Timeline
Posted (edited)

Appears Visa fraud. Your Friend and Petitioner knew this the whole time.

A Info-Pass Appointment would be good. Even though it was never meant to be on purpose I somehow think the US Goverment will disagree..

This is not correct. It would appear that it is the K3 visa that expired, meaning this is a simple overstay. Yes, she can simply adjust status like any other legal entrant who overstayed their visa. First, confirm the I-130 was eventually approved. You'll need a copy of the I-130 approval notice when filing the I-485. If it is lost, you'll have to file and pay a fee to obtain a copy of the notice.

Even if if was another type of visa instead of the K3, the same would be true.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites
Darnell Grand Master

Darnell   8,478

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

Appears Visa fraud. Your Friend and Petitioner knew this the whole time.

A Info-Pass Appointment would be good. Even though it was never meant to be on purpose I somehow think the US Goverment will disagree..

I disagree. Let's assume, instead, the lass came over on a K-3 visa, and the I-94 on the K-3 visa has expired.

Going forward, if the I-130 is still not approved, file a complete AOS packet (we've a guide for that, OP - please to get it to yer friends)

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...