Overstayers, share your experience here.

[stinger157 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

Kezzie, it is not my route and I am not pissed. These are laws of the United States. Everyone who lives here should know that it is important to follow rules or laws. Otherwise they will go from problem to problem to problem. Because they pretend they didn't know, but basically they didn't listen!

[Girona40 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.

I wasn't seperated from my loved one for long at all. Where did you get that from?

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

Kezzie, it is not my route and I am not pissed. These are laws of the United States. Everyone who lives here should know that it is important to follow rules or laws. Otherwise they will go from problem to problem to problem. Because they pretend they didn't know, but basically they didn't listen!

I am sure that somewhere it says "Ignorance of the law is no excuse".

[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!!!

Let me ask this, were out of status at the time the H1B was filled on your behalf? A non-immigrant F can change non-immigrant classification to another class (say the H1b) but only if the aliean is still in status.

Just want to get the facts correct.

[mawilson 2,133]

Kezzie, it is not my route and I am not pissed. These are laws of the United States.

stinger - the very same laws clearly state that overstay and illegal employment are forgiven

when you marry a US citizen. So what exactly is your problem? If you don't like the law,

petition your congressman to change it.

[kc456 0]

Kezzie, it is not my route and I am not pissed. These are laws of the United States. Everyone who lives here should know that it is important to follow rules or laws. Otherwise they will go from problem to problem to problem. Because they pretend they didn't know, but basically they didn't listen!

Well, the rule of law that you are asking for is pretty clear, as outlined by USCIS in OP's quote. This is the current US law. So the discussion is somewhat pointless. If this law makes someone unhappy, they should work through their elected representatives to change it.

Edited February 25, 2006 by kc456

[buddhist_virgo 0]

I'm concerned that this bit of information is misleading for F1 students who may be looking for information here.

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.

DS on I-94 is only valid on condition that I-20 is valid and students are in good standing (e.g., full-time enrollment except for summer, good enough GPA, on campus work up to 20 hours/week, no off campus work without authorization). If I-20 is expired or if students are not in good standing, they are in trouble, and the 10 year ban can apply depending on how long they have been in trouble.

To those of you who are not familiar with F1 regulations, I want to say that unfortunately some conscientious international students do get misinformed by American "specialists" and find themselves being unlawful/illegal without their intention or knowledge.

And to friedicecream123, I'm sorry to hear what happened to you and hope things will work out for you.

[familybased 0]

Here is the answer for the original post.

Since you were in F-1 status with D/S and inspected at the port of entry. You should not have any

problem to ajust your status after marrying a USC. Your overstay and work without authorization will be forgiven.

The debate is really senseless in my opinion. It is the laws that passed by congress to allow her to adjust her

status.

I rather see more couples to be together than seperate.

USCIS just excises its power according to the laws. No more, no less.

If she had entered without inspection, she would have had to return to her home country to file waiver.

Good luck

Here is the answer for the original post.

Since you were in F-1 status with D/S and inspected at the port of entry. You should not have any

problem to ajust your status after marrying a USC. Your overstay and work without authorization will be forgiven.

The People with D/S status would not accumulate illegal time that trigger 3/10 ban until they receive a notice from USCIS or Immigration Judge. Technically, she is out of status and I-20 might be expired, but 3/10 ban does not apply to her.

Bottom Line: DO NOT LEAVE THE COUNTRY UNTIL YOU RECEIVE YOUR GC!!!!!!!

The debate is really senseless in my opinion. It is the laws that passed by congress to allow her to adjust her

status.

I rather see more couples to be together than seperate.

USCIS just excises its power according to the laws. No more, no less.

If she had entered without inspection, she would have had to return to her home country to file waiver.

Good luck

[mrs.jenjen 0]

I adjusted through DORA, so I had my interview first.

My overstay (of 90 days past my Visa Waiver) was dismissed with a 'You know you were supposed to leave at the end of 90 days, right?!" with a wink. Yes, she actually WINKED AT ME.

The main things she was concerned about was proving we had shared assets and bills, and that my hubby had the means to support me. She even admitted that it is hard when you're trying to follow the rules and not work etc without authorisation, and when I said it was impossible for me to get put on things like bills and establish joint credit etc without a SSN, she said that she didn't know how a lot of overstayers did it but they can have as much, if not more documentation than a REAL USC and it helps tremendously with their process.

The whole immigration system is a sham. I know I probably sound like a hypocrite seeing as I adjusted on a VWP, but it really is like they reward you for breaking as many rules as possible.

[friedicecream123 0]

Let me ask this, were out of status at the time the H1B was filled on your behalf? A non-immigrant F can change non-immigrant classification to another class (say the H1b) but only if the aliean is still in status.

Just want to get the facts correct.

lovenlife,

Yes, I was in status at the time H1B was filed on my behalf. I have the documents, NOA, etc, but it was rejected at the end because the lawyer received an RFE that he never cared to share with me and ignored (for more than a year). We had to threaten him to get those documents when we got married and ready to file for my AOS and I had to send those documents as evidence.

[shakysgirl 1]

I can definitely see both sides to this argument. On the one hand if someone doesn't have all the facts, can't afford the enormous fees, or whatever else the reasoning is and they overstay, why should they be denied the right to live with their spouse. On the other hand, I can see why the people who do things the "right" way ie. loved ones return to their home countries, file all the appropriate paperwork and then have to wait months sometimes years for visas to be approved, feel angry that other people are "getting away" with overstaying and being with their loved ones when they must be separated from them. Personally, we did everything the "right" way- and spent lots of time apart. Not as much as some other people, but every day was difficult for us. It does anger me that other people "get away with" overstaying. My husband could have overstayed and then filed for AOS but we did everything the correct, legal way. Part of my anger, truth be told, is now knowing we could have avoided all the hassle and separation by just breaking the immigration law, overstaying, and then applying for AOS. I'm sure those of you on here defending yourselves know why other people are so angry. I wish everyone good luck, don't want anyone to have a hard time as it is extremely frightening and difficult going through any sort of immigration process that allows a governement authority (or one person who is just having a bad day) to decide whether you can live with your spouse or not.

[ChristinaM 0]

As a VWP adjuster (who was never out of status, I might add), I can see why people who file for K1, K3, CR/IR visas don't like that we can do it. But it is a legal process.

Just the same, I personally don't like seeing people with overstays of many, many years be able to adjust status with no hassle. But it is a legal process and they will be forgiven - as has been proven to me on this and another thread!

My feeling is that the majority of people on this forum who have overstayed did so out of ignorance and circumstance, not maliciously to obtain "easier" immigration benefits. Since we're talking about reuniting families in this forum, we should support them within the framework of the law to follow the required path.

If you don't like it that overstayers can do this, there are plenty of other threads to read. This one is for supporting those in that situation, not running them into the ground.

[Anastasia 1]

My feeling is that the majority of people on this forum who have overstayed did so out of ignorance and circumstance, not maliciously to obtain "easier" immigration benefits. Since we're talking about reuniting families in this forum, we should support them within the framework of the law to follow the required path.

If you don't like it that overstayers can do this, there are plenty of other threads to read. This one is for supporting those in that situation, not running them into the ground.

I agree with that

[Kez/JWolf 6]

I agree too...

Kezzie

[stinger157 0]

As a VWP adjuster (who was never out of status, I might add), I can see why people who file for K1, K3, CR/IR visas don't like that we can do it. But it is a legal process.

Just the same, I personally don't like seeing people with overstays of many, many years be able to adjust status with no hassle. But it is a legal process and they will be forgiven - as has been proven to me on this and another thread!

My feeling is that the majority of people on this forum who have overstayed did so out of ignorance and circumstance, not maliciously to obtain "easier" immigration benefits. Since we're talking about reuniting families in this forum, we should support them within the framework of the law to follow the required path.

If you don't like it that overstayers can do this, there are plenty of other threads to read. This one is for supporting those in that situation, not running them into the ground.

clmarsh,

if you read that part that the op didn't post you might get some doubts that this is a proper way. The other question I see is from which time you need to be an immediate relative. I can't believe that the US-government allow you to get out of status, marry someone while you are out of status and file for AOS as nothing happened.

But I will try to find an explanation to this law.

I just can warn anyone in this situation to grab the law text and run to the next immigration office. What if the OP misunderstood this law the same way she misunderstood other immigration laws before. Then it could be the case that USCIS has alot of work to send all these applicants home.

Without a good immigration lawyer I wouldn't do anything if I would be in this situation.

[Steph1010 1]

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.

My fiance also got the OPT program. His company sponsored him for a 3 year work visa that got canceled because of numerous reason. The lawyer nor the company ever told him. Luckily his overstay was only 2 days though and that was because of flights.