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burocratic

Hello. Married to someone who has overstayed her visa.

By burocratic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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burocratic Newbie

burocratic   0

Posted
Filed: Timeline
Posted (edited)

Hi everyone,

I'm a US citizen and I recently got married to a wonderful woman from Mexico.

She came here as a F1 student, she graduated, but she has overstayed her visa for a few years now.

I'm new about all this immigration process and I'm a bit confused about what guide I should follow since my wife is already living here.

Do I have to follow the K3 spouse visa?

Thanks so much for your help

Alex.

Edited by burocratic
MaleAlpha Community Regular

MaleAlpha   314

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

No. Best thing would be for her to file for AOS since she's already here and you're already married. Overstays will be forgiven.

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC : 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

christeen Experienced

christeen   966

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

Follow guides for AOS ... She should not attempt to leave the USA as a ban will be imposed ifmshe does... The overstay will be forgivin...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

christeen Experienced

christeen   966

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

10 year ban kicks in if she leaves before AOS... Once oasis granted, she will be good to go...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

TBoneTX Grand Master

TBoneTX   46,194

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

*** Thread moved from Introducing Our Members forum to the AOS/Family-Based main forum -- OP will probably follow that route. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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

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