Overstayers, share your experience here.

[de_sjiem 0]

I overstayed my K-1.. I married my fiance in time, but didn't send in my AOS documents for quite some time after my visa ran out.. I simply didn't have the extra $400 to file at that time.. Its not that I "ignored" immigration laws.. it just wasn't feasible at that time.. Furthermore, dont forget that immigration laws are complicated and not exactly what everyone is knowledgeable at... Not everyone can afford a lawyer, and even if they somehow manage that, how do they know their lawyer even knows everything?

[Kez/JWolf 6]

I am sure if USCIS thought that by forgiving someone for an error that this was holding up others from gaining their visa they they would not allow it to happen......

not evryone that has found themself with an overstay did so by choice...

The world would be a wonderful place if everything was as cut and dried as you seem to think it should be..... but its not....

If you do not agree with people gettting help to put things right then just ignore their posts and allow others to help them with their journey..... after all there are many diffrent roads on this journey and we all hope they lead to the same place.... staying with our loved ones....

Kezzie

[Anastasia 1]

Just because somebody didn't have the right information available to them at the right time doesn't mean they don't deserve to be with their loved ones later on.

[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.

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

First of all, I guess it would include any one that did not file for AOS before their 90 days were up (although they make exceptions so long as you were married within the 90 days). What is your point? Not sure what you are getting at here.

A person who enters on a student visa knows full-well that they are required to leave the country 60 days after the completion of their studies (15 if they withdraw). How does someone, without realising that it isn't allowed, overstay 2 years and then blame it on an employer (when they are not supposed to even be employed) not filing paperwork correctly.

As for your personal comment about me being on a "soap box" - I have the right to post my opinion and feelings. Sorry if that offends you - get over it.

[Kez/JWolf 6]

Girona40

Does not offend me at all.... and yes your are entitled to your opinion same as anyone here.... just dont jump on people because they have done thing in a diffrent way to you....

Kezzie

[friedicecream123 0]

First of all you are incorrect when you said that people who enter on a student visa are required to leave the country 60 days after the completion of their studies. We are actually allowed to stay for a year aftereward with Optional Practical Training within which duration you are allowed to work for anyone and looking for employer who are willing to sponsored for your working visa... which I did. My employer and their lawyer assured me that they were taking care of all the H1B paperwork and I found out later that they had lied to me... How is this my fault?

Please get your information correct first regarding the student visa before spilling anything negative. I created this thread to help people. Please stop the negativeness... none of this affect your aos process in any ways, so like you said, get over it.

[stinger157 0]

I am sure if USCIS thought that by forgiving someone for an error that this was holding up others from gaining their visa they they would not allow it to happen......

not evryone that has found themself with an overstay did so by choice...

The world would be a wonderful place if everything was as cut and dried as you seem to think it should be..... but its not....

If you do not agree with people gettting help to put things right then just ignore their posts and allow others to help them with their journey..... after all there are many diffrent roads on this journey and we all hope they lead to the same place.... staying with our loved ones....

Kezzie

I agree with people getting help. But legal help for people who brought themselves knowingly in this situation? You can't tell me that someone who enters the United States with a visa doesn't know which rules to follow.

And yes, you are right. We all are aiming at the same target. To be together with our loved ones.

But most here do it the right way, without weak excuses that will finally lead to the situation that everyone here from the United States who marries from another country will go through more and more obstacles.

Most here file the papers and wait until the process is over. Why isn't that suitable for some people?

Why do some people think that they can get through with everything?

Kezzie, there is just one right way and that should be the way supported by this forum..., i think the name of this forum is not "avoid-getting-banned.com"

[lovenlife 0]

First of all you are incorrect when you said that people who enter on a student visa are required to leave the country 60 days after the completion of their studies. We are actually allowed to stay for a year aftereward with Optional Practical Training within which duration you are allowed to work for anyone and looking for employer who are willing to sponsored for your working visa... which I did. My employer and their lawyer assured me that they were taking care of all the H1B paperwork and I found out later that they had lied to me... How is this my fault?

Please get your information correct first regarding the student visa before spilling anything negative. I created this thread to help people. Please stop the negativeness... none of this affect your aos process in any ways, so like you said, get over it.

What was the end date on your I-20 ? Just wondering.

CFR 8 214.2(f) it spells it out, if you extended your visa via other training etc it seems you wouldn't have been out of status at all, if you updated the powers that be. I'm a bit confused here, not being an expert on Student visas. One other point an F-1 may only work part time off campus (20 hours per week) and once they are out of status they are not allowed to work. The only way to get a regular EAD is if you file with the DSO forsSevere economic hardship. At least that's how I read it.

Can you tell us more about F-1's? I was looking at this section of the CFR 8:

http://uscis.gov/lpBin/lpext.dll/inserts/s...lb-8cfrsec2142f

Please post any links that mat help others understand.

[stinger157 0]

First of all you are incorrect when you said that people who enter on a student visa are required to leave the country 60 days after the completion of their studies. We are actually allowed to stay for a year aftereward with Optional Practical Training within which duration you are allowed to work for anyone and looking for employer who are willing to sponsored for your working visa... which I did. My employer and their lawyer assured me that they were taking care of all the H1B paperwork and I found out later that they had lied to me... How is this my fault?

Please get your information correct first regarding the student visa before spilling anything negative. I created this thread to help people. Please stop the negativeness... none of this affect your aos process in any ways, so like you said, get over it.

Your fault was that you remained in the country after you knew that you don't have a valid visa. Once you know you are in a country illegaly you should do everything to leave the country. It is thousand times better than going to the authorities and trying to get an amnesty.

Because that is what I call it when they approve your application.

And like I said before, an amnesty for someone who stayed in the country illegal and knowing about it is a punishment for all the people who are following the rules. There is no excuse, not even a tiny one.

[Kez/JWolf 6]

so you think that anyone who did not get a K1 K3 CR1 should go home and apply from there????

or is it that your just pissed with anyone who did not follow your route???

Kezzie

[Girona40 0]

I haven't "jumped" on anyone. I simply posted my opinion and how the OP's way of doing things upsets me. It does. There are no two ways about that. I'm sorry if any of you don't like it, but have some consideration for those that marry and are seperated from their spouses because they go the K-3 route or the standard I-130 spousal route. This person posted, they say, to "help" others:-

"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."

Yes, I see.

[friedicecream123 0]

For my F-1, my I-94 does not have any expiration date. It is simply as DS (Duration of Stay) instead of a specific date. So technically people with DS on the I-94 does not accrue any unlawful presence and the 10 year ban does not apply.

After I graduated, I have the option to apply for Optional Practical Training. I was given an EAD card that I can use for a year. But within that one year, if you want to stay afterward, you are to look for a company that is willing to sponsor you on an H1B visa.

My brothers and sister all went through the same route as I did and they all got their H1B visas), my sister ended up getting her company to sponsor her greencard and now she is a PR. I was the only one that decided to work for a small (5 people) company which ended up nipping me at the butt because I was the first employee they ever hired and promised for the H1B visa sponsor and it turned out they did not have a clue about anything immigration.

I will try to find a link about F1 visa and PM you tomorrow. I am going to bed now. Good nite all.

[lovenlife 0]

so you think that anyone who did not get a K1 K3 CR1 should go home and apply from there????

or is it that your just pissed with anyone who did not follow your route???

Kezzie

People that got a k1 k3 or a cr1 do apply from the forien county of residence.

Looking over your profile I see why this gets your hackels up. <wink wink>

[friedicecream123 0]

This person posted, they say, to "help" others:-

"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."

Yes, I see.

Yes, that information is very helpful for people who overstay. Overstayers don't have the option to go through the K1 route just because we will not be let in and will be separated from our loved ones for a long time. Why would I want someone to go through that? I am sorry that you have to be separated from your loved one, but you knew eventually you would be united again but with the overstayers, once we leave, we won't be as lucky as you were.

[lovenlife 0]

For my F-1, my I-94 does not have any expiration date. It is simply as DS (Duration of Stay) instead of a specific date. So technically people with DS on the I-94 does not accrue any unlawful presence and the 10 year ban does not apply.

After I graduated, I have the option to apply for Optional Practical Training. I was given an EAD card that I can use for a year. But within that one year, if you want to stay afterward, you are to look for a company that is willing to sponsor you on an H1B visa.

My brothers and sister all went through the same route as I did and they all got their H1B visas), my sister ended up getting her company to sponsor her greencard and now she is a PR. I was the only one that decided to work for a small (5 people) company which ended up nipping me at the butt because I was the first employee they ever hired and promised for the H1B visa sponsor and it turned out they did not have a clue about anything immigration.

I will try to find a link about F1 visa and PM you tomorrow. I am going to bed now. Good nite all.

I didn't ask about your I-94, what did your I-20 state? By your logic with this I-94 being open ended you should never have had a problem.

Sleep tight!!!

Edited February 25, 2006 by lovenlife