Overstayers, share your experience here.

[friedicecream123 0]

I am an overstay. I came here with F-1 and overstayed for 2 years after I graduated. Overstay and working without authorization are forgiven if you are married to a USC (not if you are married to a PR). Just DO NOT leave the country under any circumstances until your AOS is approved and you get a stamp on your passport green card in your hand.

My interview is in 20 days and I am starting to gather evidence today and starting to get really nervous. I think we have plenty of evidence since my husband and I have been together for 6 years and been living with each other for 3 years and have 3 different leases in 3 different places in both of our names. We will bring tons of pictures, cards from family, love letters and email correspondences. I hope those are enough. We are very excited and we will go back to my country as soon as we got my green card.

Any overstayer here that can share their interview experience? I notice they are a few of us and thought a thread would help enlighten everyone in the VJ community and future members.

Thank you all,

-fic

[ChristinaM 0]

I cannot find anything on www.uscis.gov about them automatically forgiving an overstay on marriage to a USC. If anyone has any concrete information that states this, I would love to see it.

My feeling is that although it's very likely that you'll be forgiven, for people with a significant overstay it should be something which is discussed - ie. what happens if that overstay does cause AOS to be denied.

I just wanted to put that out because although it's unlikely based on past history, it's not an impossibility.

[friedicecream123 0]

I found a USCIS document before that stated that overstay and working without authorization are forgiven if you are married to a US citizen. But of course, I did not bookmark the page... so give me some time, I will post as soon as i find it.

Thanks!

[stinger157 0]

No wonder the government of the United States is overthinking immigration law. My opinion is that people who are ignoring immigration laws shouldn't have any kind of amnesty.

A behaviour like that rewarded is a punishment for anyone else who follow the laws.

[Girona40 0]

No wonder the government of the United States is overthinking immigration law. My opinion is that people who are ignoring immigration laws shouldn't have any kind of amnesty.

A behaviour like that rewarded is a punishment for anyone else who follow the laws.

I have to agree here. We are in a terrible situation and we followed all the rules correctly. When people come here, overstay, then find a fiance and get let off any violations of the rules once they marry a USC, it upsets me.

Why did you overstay in the first place? Just curious.

[Kez/JWolf 6]

stinger157 thanks for your input..... lets hope you never find yourself doing something that could ever be considered wrong.....

Kezzie

[friedicecream123 0]

Please don't pass judgement on people who overstayed their visa. Most of the time there were reasons behind it. I didn't find out about my status till I figured out that my former employer and immigration lawyer totally messed my H1B. I was convinced that everything was good until I found out later that they haven't been doing what they said they did.

As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Hope this helps.

-fic

[Kez/JWolf 6]

No wonder the government of the United States is overthinking immigration law. My opinion is that people who are ignoring immigration laws shouldn't have any kind of amnesty.

A behaviour like that rewarded is a punishment for anyone else who follow the laws.

I have to agree here. We are in a terrible situation and we followed all the rules correctly. When people come here, overstay, then find a fiance and get let off any violations of the rules once they marry a USC, it upsets me.

Why did you overstay in the first place? Just curious.

So that would include anyone who entered on a K1 and did not file for AOS before there K1 expired.... as they are all out of status too.....

going by USCIS's rule the OP has followed the rules correctly.....

They are AOS and the rules say that their overstay will not stop them from being approved....

So get off the soap box and give support when its asked for.....

Kezzie

[ChristinaM 0]

I will surrender that one to you, fic!

Thank you for posting the link. I would just hate for VJ to be putting it out as gospel when it's not.

[friedicecream123 0]

I have to agree here. We are in a terrible situation and we followed all the rules correctly. When people come here, overstay, then find a fiance and get let off any violations of the rules once they marry a USC, it upsets me.

Why did you overstay in the first place? Just curious.

FYI, I didn't come here, overstay and then find a fiance.... I was in school and IN STATUS when I started going out with my husband. And I was out of status not by choice.

[stinger157 0]

stinger157 thanks for your input..... lets hope you never find yourself doing something that could ever be considered wrong.....

Kezzie

Kezzie,

exactly for this reason someone "invented" laws anyone who is able to read can read. There is no excuse for overstaying beside maybe health problems or other serious issues like that.

But if I have a date when I have to leave a place then I am out of this place by this date. No matter what.

Lousy lawyers and employers who give wrong information about a status are weak excuses that come from overstayers every now and then. It is not the first time I hear something like this.

It won't be the last time I hear that. But it makes me angry every single time when I see how some people are ignoring laws and causing this way problems for others.

[Kez/JWolf 6]

Please explain how someone overstaying is causing problems for you???

Kezzie

[stinger157 0]

Kezzie,

don't you think that the fact that a certain amount of people thinking the u.s.-immigration law is nothing else than a joke and not worth to follow them will cause the US-government to create stricter immigration laws? To ensure that the people who are getting a visa are willing to follow the laws?

I think that isn't causing problems to me only. In a long term this will cause problems to anyone who has relatives that are not USCs.

Aren't they even talking about new and stricter immigration laws these days?

[Anastasia 1]

Kezzie,

don't you think that the fact that a certain amount of people thinking the u.s.-immigration law is nothing else than a joke and not worth to follow them will cause the US-government to create stricter immigration laws? To ensure that the people who are getting a visa are willing to follow the laws?

I think that isn't causing problems to me only. In a long term this will cause problems to anyone who has relatives that are not USCs.

Aren't they even talking about new and stricter immigration laws these days?

Not everybody who overstays is a criminal thinking an immigration law is nothing else than a joke. Some people just don't have enough information about the immigration and there's not many resources available to help them sort things out. Unless if you're a millioner and can hire as many lawyers as you'd like. Besides different people have different situations in their life and you can't judge them all in the same way.

[stinger157 0]

In times where the internet is everywhere, where many couples meet online and where you can read any law online this is the oldest and weakest excuse ever.

Especially if even these people know the laws that might show a way not to get busted and banned.

And not knowing a law doesn't mean you don't need to follow it. And if you don't want to get busted, try to stay informed!