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Boiler Grand Master

Boiler   46,322

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

What Im hearing is that you had a tourist non-immigrant visa and you have overstayed that...

How can you adjust status from a tourist visa to a PR?

You are illegally present so you have no status at this time.

So you have illegal presence. I think you will need a 601a waiver for that.

You have to apply for an immigrant visa....

You have to do the I130 approved first, then you will get denied after NVC based upon you illegal presence, then you can file a waiver (which you will get if you do it right) ....luckily IF your only grounds of inadmissibility is the illegal presence, then you can file a 601a, so you can wait in the USA while the waiver is adjudicated. THEN when you waiver is approved you will need to return to your home country for an interview...if all goes well you will then get an immigrant visa and a green card.

And if your husband has no income you will need a co-sponsor of some sort to meet the income requirements...

You need a lawyer or you need to spend serious time educating yourself.

You need to spend serious time educating yourself.

“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.”

Boiler Grand Master

Boiler   46,322

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

Boiler, what do I not understand?

Not sure where to start, if you are interested probably best to read the guides first.

“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.”

pauli Apprentice

pauli   49

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

So a person who comes here on a tourist visa and the overstays 10 years (and works illegally) can simply get married and poof skip the whole pesky consulate interview and illegal presence problem...

I dont think so

Are you answering based on knowledge or feeling? Sometimes what feels right isn't right.

Boiler Grand Master

Boiler   46,322

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

So a person who comes here on a tourist visa and the overstays 10 years (and works illegally) can simply get married and poof skip the whole pesky consulate interview and illegal presence problem...

I dont think so

You think wrong.

“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.”

averageguy6 Explorer

averageguy6   22

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted (edited)

Im not a lawyer, but Ive been though the 601 process and we have an approved 601 waiver. Going through that process has been an education.

As far as similar circumstances....

I have an acquaintance who is a military officer and has children with his wife here in the USA....the wife is a foreign national and was in the USA on a similar visitor visa, but overstayed for 3 years. She did nothing else wrong and committed no other violations of immigration law. She entered the USA legally, but overstayed....

She required a 601(a) waiver, and is now scheduled for her interview at the US consulate in her country as the final step to getting her visa.

That is what I know.

I would like to hear why I dont understand the OP's situation or how it is different. I know that the laws changes as to illegal presence in the late 90's. If the OP was here before then perhaps this does not apply to her.

If there is anyone who wishes to actually explain to me how Im wrong Id love to learn.

Snide remarks about how uneducated I am are nice, but not exactly correct. Ive been through a lot, but no Im not a lawyer and I am not an expert.

However, I'm more than happy to be corrected and educated. If Im wrong it should be easy to point it out and Ill understand it.


You are acting like a troll. If you have no specific information or detail then we will end it here.

Edited by averageguy6
Boiler Grand Master

Boiler   46,322

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

601 (a) is usually associated with those who entered without a visa.

To use the technical term they were not inspected.

OP was inspected.

“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.”

rylforever Enthusiast

rylforever   18

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

601 (a) is usually associated with those who entered without a visa.

To use the technical term they were not inspected.

That is correct, I jumped the gun by saying waiver earlier without going back to read it, no waiver bc she entered with visa, sorry.

OP was inspected.[/quote




 


 

khenzee Contributor

khenzee   5

Posted
Filed: F-1 Visa Country: Jamaica
 Timeline
Posted

What Im hearing is that you had a tourist non-immigrant visa and you have overstayed that...

How can you adjust status from a tourist visa to a PR?

You are illegally present so you have no status at this time.

So you have illegal presence. I think you will need a 601a waiver for that.

You have to apply for an immigrant visa....

You have to do the I130 approved first, then you will get denied after NVC based upon you illegal presence, then you can file a waiver (which you will get if you do it right) ....luckily IF your only grounds of inadmissibility is the illegal presence, then you can file a 601a, so you can wait in the USA while the waiver is adjudicated. THEN when you waiver is approved you will need to return to your home country for an interview...if all goes well you will then get an immigrant visa and a green card.

And if your husband has no income you will need a co-sponsor of some sort to meet the income requirements...

You need a lawyer or you need to spend serious time educating yourself.

Hey, so she wouldn't need a 601...since she came here with a visa and was inspected at a port of entry. Married to a USC so illegal presence and unauthorized work will be forgiven. She may only have a problem with her tax situation.

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted (edited)

ditto

overstaying a visa and working illegally is forgiven having entered legally if a person is married to a USC, parent of a USC or unmarried child of a USC under 21, just as long they did not claim they were a uSC

of course, they could run into immigration intent, but it is doable, it's not the right thing to do, but it can be done

no waiver needed

She has already been in the US for a long time, but will need to prove bona fide marriage

Edited by aleful
MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

One thing that could trip the OP up.

During your time living and working in the US have you ever claimed to be a US citizen or used a citizens identity when you got your job?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Boiler Grand Master

Boiler   46,322

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

That could apply to anybody who is not a US Citizen.

“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.”

averageguy6 Explorer

averageguy6   22

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

Got it, I was wrong, after having gone through the 601 process for a person outside the country I didn't know jack about AOS.

If she has never left the country during this time and never EWI, she can adjust.....(I think this is a crazy loophole after what we have been through, but the law is the law).

Read all about it.

I was partially right, if she checked a different box, then should could have to do what I said....but that would be a major mistake.

Its actually hard to believe this considering the trouble they give us for going through it the correct step by step way. Thats why I got it wrong.

Thank you for the helpful replies, and good luck to OP.

Boiler Grand Master

Boiler   46,322

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

Congratulations on coming back and acknowledging it.

Unfortunately many post with what they want to be, not what is, and that is the last you hear.

“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.”

 
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