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Supergirlfriend

Ilegal in USA and then get married

By Supergirlfriend in Adjustment of Status from Work, Student, & Tourist Visas

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Supergirlfriend Contributor

Supergirlfriend   1

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hello All!

Just a intrigue question, if someone go to US with tourist visa and then stay ilegal for 4 months or 1 year, and then find someone, what the person should do? Can they get married and just work on the paper to stay legal?

Thank you!

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
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Hello All!

Just a intrigue question, if someone go to US with tourist visa and then stay ilegal for 4 months or 1 year, and then find someone, what the person should do? Can they get married and just work on the paper to stay legal?

Thank you!

Yes. If you overstayed and then married a US citizen, you can do your adjustment of status - AOS - in the US.

The US citizen needs to file a I-130 --> http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD

The foreign national needs to file a I-485 --> http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD

Parabens pelo casamento e boa sorte!

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www.ffrf.org




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Que Saudade Proficient

Que Saudade   284

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

Agree with Gegel's post...

Plus, be warned, non-US citizen should not leave USA during adjustment of status, even if advanced parole is acquired. Wait until green card is in hand.

Dependent on the length of overstay, a ban may incur should they depart the US.

Overstay 180 days but less than a year.. 3 year ban

More than 1 year.. 10 year ban.

Once green card is in hand, the overstay is forgiven.....

Boa Sorte....

Edited by Que Saudade

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Flyer92 Contributor

Flyer92   2

Posted
Filed: AOS (apr) Timeline
Posted

Hello All!

Just a intrigue question, if someone go to US with tourist visa and then stay ilegal for 4 months or 1 year, and then find someone, what the person should do? Can they get married and just work on the paper to stay legal?

Thank you!

Above and beyond all, the relationship has to be one that is entered in good faith. This site is a great resource to steer you through the process and can be done with or without the involvement of an immigration attorney.

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Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

To the OP:

Your timeline shows that you have filed for K1.. The I-129F petition on April 24, 2012. If your fiance is here in the USA, you have filed the wrong petition.

Are you asking a question for someone else?? Or for yourself?

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Darnell Grand Master

Darnell   8,478

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

I'm so in love with SuperGirlFriend's Questions.

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 !

 

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Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

I reckon the answer and advise depends on if it's a situation you(or someone else) have been in and already has been in the US for xx months, or a situation you(or someone else) will be in, and not entered the US yet on a tourist visa.

Your topic is most likely read by others and it helps yourself and others if you specify the situation.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Supergirlfriend Contributor

Supergirlfriend   1

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

To the OP:

Your timeline shows that you have filed for K1.. The I-129F petition on April 24, 2012. If your fiance is here in the USA, you have filed the wrong petition.

Are you asking a question for someone else?? Or for yourself?

Just curious since I have seem a lots of ppl in this situation.

I'm so in love with SuperGirlFriend's Questions.

Good for you! enjoy!

an1cMdGRGn-0300MDAwMTA1NHN8MDAwMDEzZGF8U2luY2UgTk9BMQ.gif"]http://an1cMdGRGn-0300MDAwMTA1NHN8MDAwMDEzZGF8U2luY2UgTk9BMQ.gif[/url]
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