Fine for overstay?

[Sincerelyj 0]

I became a US citizen last year and I'm in the process of filing for my husband of 6 years. The problem is that he overstayed his visa for going on 8 years. Since I'm filing for him I would like to know how much the fine will cost for him having overstayed? The reason I ask is because sister in law recently became a permanent resident but had to pay close to 2k for her overstay. However her petition was not done through spousal marriage. Just would like a heads up to know how much money we should put aside if he is charged a fine or penalty for overstay.

[canadian_wife 1,829]

Where is your husband now? Is he in the US?

Good luck

[Penguin_ie 5,997]

Is your husband currently in the USA?

If not, when did he leave?

[carton025 38]

I became a US citizen last year and I'm in the process of filing for my husband of 6 years. The problem is that he overstayed his visa for going on 8 years. Since I'm filing for him I would like to know how much the fine will cost for him having overstayed? The reason I ask is because sister in law recently became a permanent resident but had to pay close to 2k for her overstay. However her petition was not done through spousal marriage. Just would like a heads up to know how much money we should put aside if he is charged a fine or penalty for overstay.

Hi,

I am just going to base my opinion on my personal experience and knowledge. If your husband has overstayed his USA visa for going on 8 years, he has been an illegal alien in the USA for going on 8 years. The USCIS is going to require your husband to return to his home country in order to begin the immigrant process. Once your husband has returned to his home country the USCIS will deny his re-entry to the USA for "x" number of years because he chose to be an illegal alien in the USA. The USCIS does not take kindly to foreigners who overstay their visa. The fine: 5 years, 10 years, or permanent denial of a USA visa - not to mention the costs... It would be interesting to know how your sister-in-law was able to stay in the USA after overstaying her USA visa.

Best of luck,

Sid

[pushbrk 13,123]

Hi,

I am just going to base my opinion on my personal experience and knowledge. If your husband has overstayed his USA visa for going on 8 years, he has been an illegal alien in the USA for going on 8 years. The USCIS is going to require your husband to return to his home country in order to begin the immigrant process. Once your husband has returned to his home country the USCIS will deny his re-entry to the USA for "x" number of years because he chose to be an illegal alien in the USA. The USCIS does not take kindly to foreigners who overstay their visa. The fine: 5 years, 10 years, or permanent denial of a USA visa - not to mention the costs... It would be interesting to know how your sister-in-law was able to stay in the USA after overstaying her USA visa.

Best of luck,

Sid

You are wrong. Please don't guess. Two people were here ahead of you asking the question that needs to be answered before ANYBODY can correctly answer the OP's question. I suggest you read and learn from this thread instead of posting misinformation.

If he's in the USA and never left, he can simply adjust status and the overstay will be forgiven. If he left the USA he's subject to a ten year ban on entry beginning the day he left. There is no fine.

Edited August 30, 2012 by pushbrk

[Sincerelyj 0]

You are wrong. Please don't guess. Two people were here ahead of you asking the question that needs to be answered before ANYBODY can correctly answer the OP's question. I suggest you read and learn from this thread instead of posting misinformation.

If he's in the USA and never left, he can simply adjust status and the overstay will be forgiven. If he left the USA he's subject to a ten year ban on entry beginning the day he left. There is no fine.

Hi,

thanks for responding pushbrk and every one else who responded. To answer the two questions posted by Penguin_ie and canadian_wife, Yes my husband is currently in the U.S. and he has never left. I just wasn't sure if they would decide to charge us money for him having had overstayed his visa. Pushbrk it's good to know that there won't be a fine because we're not in a really great financial position right now. I am aware of the 10 year ban if he had left the country and i was advised legally that he shouldn't leave the country to adjust his status as that is a trap because once he leaves he wouldn't be eligible to return for x amount of years. We have filed the necessary paperwork and so far so good. I will keep you guys updated on our progress.

Is your husband currently in the USA?

If not, when did he leave?

Yes he's currently in the u.s. he never left.

Where is your husband now? Is he in the US?

Good luck

Yes he is

[Penguin_ie 5,997]

**** Moving rom CR-1 spousal visa to AOS from Student/ Work etc visa forum as OP's husband is in the USA already ****

[Timon 26]

Hi,

thanks for responding pushbrk and every one else who responded. To answer the two questions posted by Penguin_ie and canadian_wife, Yes my husband is currently in the U.S. and he has never left. I just wasn't sure if they would decide to charge us money for him having had overstayed his visa. Pushbrk it's good to know that there won't be a fine because we're not in a really great financial position right now. I am aware of the 10 year ban if he had left the country and i was advised legally that he shouldn't leave the country to adjust his status as that is a trap because once he leaves he wouldn't be eligible to return for x amount of years. We have filed the necessary paperwork and so far so good. I will keep you guys updated on our progress.

Yes he's currently in the u.s. he never left.

Yes he is

There is no fine. Just make sure he doesnt leave the US until he GC is approved

[Hypnos 6,578]

It also matters what visa he entered upon.

[pushbrk 13,123]

It also matters what visa he entered upon.

Not really. Why do you say that?

[mccbsimon 5]

I became a US citizen last year and I'm in the process of filing for my husband of 6 years. The problem is that he overstayed his visa for going on 8 years. Since I'm filing for him I would like to know how much the fine will cost for him having overstayed? The reason I ask is because sister in law recently became a permanent resident but had to pay close to 2k for her overstay. However her petition was not done through spousal marriage. Just would like a heads up to know how much money we should put aside if he is charged a fine or penalty for overstay.

i sweat to GOD that when you apply for Adjustment of Status, NO MATTER WHAT VISA, your husbands overstay will be forgiven. BUT it certainly does not mean he will be approved either. Do your research on the uscis.gov website. any overstay after the uscis has received your application and you have received your NOA, he is lawfully in the US until that application has been decided upon. He enters a new period of stay so to speak. Throw your worries out the window, listen to no one else that disagrees with the forgiveness part and simply apply to adjust status. GOOD LUCK

[Darnell 8,479]

i thought fines were only levied during an immigration hearing, at an immigration court?

yes? no ?

hmmmm

[DandT14 272]

Hi,

I am just going to base my opinion on my personal experience and knowledge. If your husband has overstayed his USA visa for going on 8 years, he has been an illegal alien in the USA for going on 8 years. The USCIS is going to require your husband to return to his home country in order to begin the immigrant process. Once your husband has returned to his home country the USCIS will deny his re-entry to the USA for "x" number of years because he chose to be an illegal alien in the USA. The USCIS does not take kindly to foreigners who overstay their visa. The fine: 5 years, 10 years, or permanent denial of a USA visa - not to mention the costs... It would be interesting to know how your sister-in-law was able to stay in the USA after overstaying her USA visa.

Best of luck,

Sid

I'd like to know why this BS, or similar fear inspiring tripe, constantly gets thrown around here. Is it because people are genuinely ignorant, or do they want to scare people out of using a 100% legal process just because they don't like it?

[Hypnos 6,578]

Not really. Why do you say that?

If he entered on a J-1 / J-2 visa that was subject to the two year home residency rule, he would need to either return to his home country and reside there for two years or seek a waiver.

If he entered on a K-1 he could only adjust status based on marriage to the original petitioner.

If he entered on a D visa he could not file for adjustment of status except under 245(i).

So yes, it matters.

Edited September 6, 2012 by Hypnos

[ceadsearc 516]

Perhaps the confusion is because certain people (infrequently nowadays) have to pay a fine when adjusting - those adjusting under 245i. Does not sound like the case for OP's husband but perhaps it was for SIL?