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amuna0526

expired visitor visa married to US citizen

By amuna0526 in Adjustment of Status from Work, Student, & Tourist Visas

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amuna0526 Enthusiast

amuna0526   11

Posted
Filed: Lift. Cond. (apr) Country: Jordan
 Timeline
Posted

Hi,

I would like to know what forms does my friend need to file in order to change status if she can, here in the

US. her situation is she used to come and go to the US on a visitor visa . Then she got married overseas to a US citizen. She was granted another visitor visa while she was married. She never told the embassy she was married. They gave her a month to be here in the US. (BTW she didn't intend to not say anything because she didn't think anything of it. ) her husband came to the US from his vacation overseas. She got pregnant and overstayed. Her visitor visa is now expired 7 months ago. She already delivered her baby here. Her husband wants her to stay. What happens now? What forms to file??? Thank you.

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

File adjustment of status, I-130 and I-485 concurrently.

This will adjust her status from out of status visitor to permanent resident.

She didn't have to tell the embassy she was married to a US citizen unless specifically asked. I do believe however that the visitor visa application asks if she's single or married. If she put "single" in her visitor visa application she has a potential BIG problem. Lying on that form is very serious business and could have her sent back to Jordan.

Edited by jaycali
Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

A.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

belinda63 Experienced

belinda63   3,047

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

The visit visa application asked for your marital status. If she lied and answered single this could be a serious problem as it could/might be construed as a material misrepresentation. A material misrepresentation could result in action up to and including a life-time ban from the US. She needs to think very, very carefully if she lied on her tourist application.

KayDeeCee Grand Master

KayDeeCee   4,896

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Guide > http://www.visajourney.com/content/i130guide2

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas- topic bout adjusting from tourist visa ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

amuna0526 Enthusiast

amuna0526   11

Posted
Filed: Lift. Cond. (apr) Country: Jordan
 Timeline
  • Author
Posted

I'm going to ask her if she put single or married as her status to begin with on the visitor visa app. If she did lie I'm going to tell her to seek an immigration lawyer's advice. Can't help her there. I want to help her I feel bad, but you can't just lie to USCIS.

If Anything what else can she do?

Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted (edited)

Hi,

I would like to know what forms does my friend need to file in order to change status if she can, here in the

US. her situation is she used to come and go to the US on a visitor visa . Then she got married overseas to a US citizen. She was granted another visitor visa while she was married. She never told the embassy she was married. They gave her a month to be here in the US. (BTW she didn't intend to not say anything because she didn't think anything of it. ) her husband came to the US from his vacation overseas. She got pregnant and overstayed. Her visitor visa is now expired 7 months ago. She already delivered her baby here. Her husband wants her to stay. What happens now? What forms to file??? Thank you.

On the B-2 visa application they asked the marital status - I applied in 2011 and still have the copies of it-. I am afraid it would come haunting her future application if she lied about that. But hope I am wrong. Good luck.

Edited by Girl from Celebes

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

Cathi Veteran

Cathi   5,794

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

I'm going to ask her if she put single or married as her status to begin with on the visitor visa app. If she did lie I'm going to tell her to seek an immigration lawyer's advice. Can't help her there. I want to help her I feel bad, but you can't just lie to USCIS.

If Anything what else can she do?

if she lied she will have a ban for material misrepresentation and will be sent back to Jordan. When you said she didn't tell the she was married, seems she wouldn't have checked the box that said married, not good at all. Even a lawyer cannot help her if she lied.


Boiler Grand Master

Boiler   46,171

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

She might be looking at an in country I 601, either way Lawyer time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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