Overstayers, share your experience here.

[Sofargone 2]

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

Wow so you think if it serves your specific purpose then its ok to break the law. Well how about I go steal a 6 pack of bud because I am thirsty, its against the law to steal but I am thirsty and its not hurting anyone so its really ok.

You should be ashamed of yourself for even implying that its ok when you and everyone else damn well knows its not. Its ####### and attitudes like yours that makes it difficult on those who are doing things the legal way.

But oh I forgot your not hurting anyone so it should be ok to break the law.

Sofargone

[hcj 0]

Wow so you think if it serves your specific purpose then its ok to break the law. Well how about I go steal a 6 pack of bud because I am thirsty, its against the law to steal but I am thirsty and its not hurting anyone so its really ok.

You should be ashamed of yourself for even implying that its ok when you and everyone else damn well knows its not. Its ####### and attitudes like yours that makes it difficult on those who are doing things the legal way.

But oh I forgot your not hurting anyone so it should be ok to break the law.

Sofargone

I don't think it's right for people to overstay either -- and I'm going to be a hardass and say "under any circumstances" -- but the fact is that our immigration laws still allow them to adjust status.

So IMO our beef should be with the law itself. The loophole allowing overstays to adjust should be closed.

In the meantime it is pointless to be angry at people taking advantage of a legal loophole. It's the loophole we should be angry about.

Strictly IMO of course.

[radacos 0]

"radacos,

nothing got sidetracked. The OP ignored basically the fact that there are also other cases where you can get deported even you are "married".

That are details that are also very important and that have to get solved first. Otherwise this posting would cause the impression you can file for AOS no matter what.

That is definately not the case!"

No offense, Stinger, but, as far as I can tell, the OP simply wanted to share her experience so far and to hear from other people in her situation. She was not taking it for granted that her AOS would be approved -- she said she was getting nervous and is "hoping" that her evidence will be enough. Also, it doesn't seem to me that she was trying to imply that one can file for AOS no matter what. She explicitly described her own situation, in which she is, without a doubt, legally allowed to file for AOS (whether that is ethically right or wrong is an entirely different question).

[stinger157 0]

Stinger,

I know it sounds almost impossible that US immigration law would allow people who have overstayed to adjust their status -- even if they married after they were already out of status. I agree, it makes no sense.

But this is what the current law is. Some "aliens" know this and have exploited it for many years. It's not anyone on this forum, but people do show up on tourist visas, get a job under the table, and proceed to live here until they find a USC to marry. And our immigration laws reward them for breaking the law and allows them to adjust status.

It's not fair. I am the first person to say this loophole should be closed. I'm curious to find out under what circumstances your European friends were denied adjustment, and anything else you can find saying this is not the law. Because everything I have ever read, including the actual immigration law code in "Title 8", as well as experiences with "overstayers" in real life and in online life, has shown me that the current law allows overstayers to adjust status as long as they are married to a USC and they entered legally. Doesn't matter how long the overstay was, doesn't matter if the marriage took place when they were already out of status, ten years after they originally entered the US on a 6 month visa.

hcj,

I am not here and I don't have the time to find out what is fair and what is not fair. Bottom line is that the same law the OP posted shows further down cases which are not eligible. She ignored it because it didn't fit in her point of view or she just didn't read it.

These people were not my friends. I heard their sad stories and that's it.

And overstayer ist not equal overstayer. That is why I said that I would like to have the definition of the posted law.

I just don't want the OP to come back whining because she finds her butt back in Indonesia separated from her husband and with a 10-year ban. That is why I encourage everyone and not just for immigration reasons to read anything that is accessible.

Let me bring one example: the german autobahn is famous for the fact that there is no speed limit. But test your car in the wrong spot will bring you a costly ticket. The simple but costly difference is, there is no general speed limit. But that doesn't mean that there are areas where you have to slow down.

If you don't slay down....

There is always a difference between the general law and specific cases. And before people like the OP starts postings like the starting post they should be very sure that that they are writing is right and confirmed by an attorney.

The OP ignored facts also written in this law and got "screwed up" by her employer and a lawyer. So I am quite cautious with believing such a posting.

[Sofargone 2]

I don't think it's right for people to overstay either -- and I'm going to be a hardass and say "under any circumstances" -- but the fact is that our immigration laws still allow them to adjust status.

So IMO our beef should be with the law itself. The loophole allowing overstays to adjust should be closed.

In the meantime it is pointless to be angry at people taking advantage of a legal loophole. It's the loophole we should be angry about.

Strictly IMO of course.

You are correct !

Sofargone

[stinger157 0]

"radacos,

nothing got sidetracked. The OP ignored basically the fact that there are also other cases where you can get deported even you are "married".

That are details that are also very important and that have to get solved first. Otherwise this posting would cause the impression you can file for AOS no matter what.

That is definately not the case!"

No offense, Stinger, but, as far as I can tell, the OP simply wanted to share her experience so far and to hear from other people in her situation. She was not taking it for granted that her AOS would be approved -- she said she was getting nervous and is "hoping" that her evidence will be enough. Also, it doesn't seem to me that she was trying to imply that one can file for AOS no matter what. She explicitly described her own situation, in which she is, without a doubt, legally allowed to file for AOS (whether that is ethically right or wrong is an entirely different question).

radacos,

the OP didn't say very much about her own case. Not enough to judge if she has the legal right to do that or not. She stayed vague.

[hcj 0]

hcj,

I am not here and I don't have the time to find out what is fair and what is not fair. Bottom line is that the same law the OP posted shows further down cases which are not eligible. She ignored it because it didn't fit in her point of view or she just didn't read it.

These people were not my friends. I heard their sad stories and that's it.

And overstayer ist not equal overstayer. That is why I said that I would like to have the definition of the posted law.

I just don't want the OP to come back whining because she finds her butt back in Indonesia separated from her husband and with a 10-year ban. That is why I encourage everyone and not just for immigration reasons to read anything that is accessible.

Let me bring one example: the german autobahn is famous for the fact that there is no speed limit. But test your car in the wrong spot will bring you a costly ticket. The simple but costly difference is, there is no general speed limit. But that doesn't mean that there are areas where you have to slow down.

If you don't slay down....

There is always a difference between the general law and specific cases. And before people like the OP starts postings like the starting post they should be very sure that that they are writing is right and confirmed by an attorney.

The OP ignored facts also written in this law and got "screwed up" by her employer and a lawyer. So I am quite cautious with believing such a posting.

It's hard to give any credence to your insistence that "this is illegal" when you don't back it up with anything.

I have read the page that the OP quoted many times. I have read it all the way through. I have even waded through the actual law code behind it (not tonight, but on previous occasions). I will even quote here what the "ineligible" categories are (see below). Note that it doesn't say that people who overstayed are not eligible. So given that in the "eligibility" section, it says people who overstayed are eligible to adjust status if they are an immediate relative of a USC, and further, that the ineligibility section does NOT say they are not eligible, I don't know where you are getting that this is illegal. With all due respect.

"In general" someone who is married to a USC, has entered the US legally, and is still in the US, is eligible to adjust status despite an overstay of whatever length. The most common exceptions are crewmen, people in transit, J visa holders with HRR, and K-1s who married someone other than their original petitioner. There are other factors which may make you ineligible to adjust, such as a criminal record, having tuberculosis, belonging to the Nazi or Communist parties, etc. -- but those are grounds that make anyone ineligible to adjust.

"Ineligible" categories:

"You may be ineligible for adjustment to permanent resident status if:

* You entered the U.S. while you were in transit to another country without obtaining a visa.

* You entered the U.S. while you were a nonimmigrant crewman.

* You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

* You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

o You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

o Certain foreign medical graduates, international organization employees and family members.

* You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.

* You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.

* You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)

* You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

* You are already a conditional permanent resident.

* You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you. "

[dmartmar 1]

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.

What happens if you do?

[dmartmar 1]

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.

Yes, you were still in status when you started going out with your now husband. But when you married him, you were out of status.

The proper way to have done things was for you to return to your home country before your visa expired, then have your hubby send for you and marry here or marry over there, then send for you.

[friedicecream123 0]

Wow.. I started this topic to share my experience with people that might need it and to hear other people's experience and trying to be helpful, not expecting to be judged or having to defend myself against anything. I can give you naysayers a million reasons and defenses but I know nothing will change your mind. I do appreciate your opinions and inputs, really. Also, I really appreciate those who agree or may not agree with me but still support the thread and its purpose.

for everyone that has taken their time to post, thank you all.

I am gracefully bowing out from this community because I feel like from now on I won't be welcomed by some.

I apologize for any dramas, confusions, tears (although I doubt anyone has cried over this ) that I may have caused. I wish everyone good luck in your AOS journey and much happiness in your life journey.

Have a great Sunday!

-Fic

[maria_b84 0]

Hi.....I have never overstayed a Visa before, but I always went to america with the VWP, so....either way, I fully understand why stinger is upset...because of people who "don't follow the rules" other people are gonna pay, people who usually follow the immigration laws - Also, there can be a lot of reasons why a person overstays a Visa, and sometimes its not anyone's fault.

Maria

[Kez/JWolf 6]

Wow so you think if it serves your specific purpose then its ok to break the law. Well how about I go steal a 6 pack of bud because I am thirsty, its against the law to steal but I am thirsty and its not hurting anyone so its really ok.

You should be ashamed of yourself for even implying that its ok when you and everyone else damn well knows its not. Its ####### and attitudes like yours that makes it difficult on those who are doing things the legal way.

But oh I forgot your not hurting anyone so it should be ok to break the law.

Sofargone

I have nothing to ashamed of I have not had any overstay and I have not broken any laws.... If I had I would not be a Greencard holder....

As I have said before there are many roads to this journey... and I have not made it difficult for any one and I have done it the legal way.....

Kezzie

[meauxna 15]

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.

You don't have to believe it for it to be true.

I find your uninformed statements and misunderstandings of the OP's situation to be more damaging than anything the OP wrote. You've already driven off one person who could benefit from the more-informed-than-you thoughts of other VJ members.

friedicecream, I hope you'll reconsider, and you should check out the definitions of 'overstay' and 'illegal presence'---you, as an F-1, may be mis-stating your own problem.

At any rate, the time after your F-1 will be balanced by your new status as the Immediate Relative of a US citizen.

I wish you a stress and worry free trip to your AOS interview.

[Kez/JWolf 6]

Well said meauxna......

I think it is so sad that there are people here that cant see anyone on the board be diffrent from them without making them feel unwelcome....

As the OP has not done anything ilegal.... just diffrent and some feel pissed because they had to spend months apart and the OP did not is no reason to drive someone away.....

Kezzie

[meauxna 15]

Hi.....I have never overstayed a Visa before, but I always went to america with the VWP, so....either way, I fully understand why stinger is upset...because of people who "don't follow the rules" other people are gonna pay, people who usually follow the immigration laws - Also, there can be a lot of reasons why a person overstays a Visa, and sometimes its not anyone's fault.

Maria

Maria,

Immigration law is really confusing and was not written all at the same time, so some things seem out of balance to each other. It is too simple to say "this one followed the rules and this one didn't". People who are Adjusting Status are all in one big line, so what difference does it make if they are Adjusting from a K visa, a J visa, an F or a B (VWP)?

Because the rules are so complex, it's worth getting the proper information beforehand. For example, I'm curious why your husband didn't file his petition for you in Italy? Your case could've been completed (to an Immigrant Visa CR-1) in a matter of a couple of months, and you'd be coming in with your Green Card instead of needing to wait to Adjust Status. Both situations "follow the rules" but one is faster and more complete. Does that make the faster, more complete way 'wrong', or go around the rules?

I'm posting back to this because I don't want future readers to be confused about the OPs situation and think that she did something 'wrong'. Those who are convinced that she did better hope they never have to rely on the advice of a professional who does them wrong.