Problem at Port of entry, ATL.

[Unidentified 2,930]

She never planned to stay beyond the allowed stay. The new development and the fear that her soon-to-expire Visa might no be renewed if she departs the US back to her home country, hence the impromptu decision to marry her fiance and AOS.

She should go home to her own country and file or K1. And she should probably lay low and not visit in a while. Maybe he can go visit her instead.

[Unidentified 2,930]

Nothing about that story indicates that the B visa was "abused". It will be if they get married and file for AOS though.

She overstayed twice.

[Teddy B 17,252]

http://travel.state.gov/content/visas/english/visit/visitor.html#overview

This person over-stayed a B2 90 Days Visa by 60 days on her 2 previosu trips to the US, even under the Visa Waiver Program the maximum length of the Visa per stay is capped at 90 days.

Will this effect any future Visitations or a filed petition, I can't say, but I wouldn't be surprised if the issue isn't brought up in a petition phase of a K1 or IR1/CR1, namely the 120 day over-stay.

http://www.uscis.gov/i-539#

Extensions beyond 90 days, must be requested/filed with USCIS 45 days in advance of the 90 day B2 Visa entry date. Cost of the Extension $290.00.

Better get a Lawyer, and explain to him/her why she over-stayed her Visa twice, your friend has a problem with no easy answer.

She overstayed twice.

This person did not overstay either time. She was here on a 6 month B2 tourist visa and stayed 5 months each time.

[Teddy B 17,252]

She never planned to stay beyond the allowed stay. The new development and the fear that her soon-to-expire Visa might no be renewed if she departs the US back to her home country, hence the impromptu decision to marry her fiance and AOS.

I really see no downside in her getting married and trying to adjust, even with the notes in her passport. These types of notes have been overcome in the past. Worse case scenario they deny her AOS and send her home, there won't be any penalties for attempting to adjust. She then files for a spousal visa and waits for approval. The previous AOS denial (should it happen), shouldn't have any affect on her filing for a spousal visa.

[madtownguy 164]

Sounds like she is going to have a fun visa process if she does try to adjust. I'm sure at the very least that note will create a very extreme interview. She lied to immigration, it's pretty obvious from the note and the questions on this post. Now she will have to see how forgiving they are.

[Teddy B 17,252]

Sounds like she is going to have a fun visa process if she does try to adjust. I'm sure at the very least that note will create a very extreme interview. She lied to immigration, it's pretty obvious from the note and the questions on this post. Now she will have to see how forgiving they are.

There is nothing in this thread that indicates she lied to immigration. Her passport was noted "No AOS" by the CBP officer upon entry. If she decides to challenge that by marrying and proceeding with AOS, how is that lying?

[madtownguy 164]

There is nothing in this thread that indicates she lied to immigration. Her passport was noted "No AOS" by the CBP officer upon entry. If she decides to challenge that by marrying and proceeding with AOS, how is that lying?

It is quite obvious the officer suspected something was not making sense in her actions and her responses. He noted that because he probably thought she had intentions to adjust. These people do this every single day, it's their job to spot things. The OP is proving his suspicions were true. You can call it what you want, I call that lying. IMO she would have been better off over staying and adjusting status, never good to have notes added to passport or visa. I'm sure it will eventually all work out, but they may make her go back before she can adjust. Only time will tell.

[Teddy B 17,252]

It is quite obvious the officer suspected something was not making sense in her actions and her responses. He noted that because he probably thought she had intentions to adjust. These people do this every single day, it's their job to spot things. The OP is proving his suspicions were true. You can call it what you want, I call that lying. IMO she would have been better off over staying and adjusting status, never good to have notes added to passport or visa. I'm sure it will eventually all work out, but they may make her go back before she can adjust. Only time will tell.

Yes it's quite obvious that the CBP officer thought she may be abusing the terms of the tourist visa and using it to live in the US, which is why he noted her passport. Still no evidence that the woman lied to the officer. If the officer wasn't satisfied with what she said to him/her, she wouldn't have been allowed entry.

Edited June 25, 2015 by Teddy B

[Chris&Angel 5]

This person did not overstay either time. She was here on a 6 month B2 tourist visa and stayed 5 months each time.

Since we both don't know how long the CBP gave this person upon entry POE "I-94 Date Stamp", B2 Visa's have a Validty of 6 months to 10 years. Under the Visa Wavier Program the Validity is 2 years with a max stay of 90 days, "No" extensions on this Visa.

[Teddy B 17,252]

Since we both don't know how long the CBP gave this person upon entry POE "I-94 Date Stamp", B2 Visa's have a Validty of 6 months to 10 years. Under the Visa Wavier Program the Validity is 2 years with a max stay of 90 days, "No" extensions on this Visa.

If this person had acquired two overstays of at least 60 days within one year, do you really think the CBP officer would have allowed her in for a 3rd time? She wouldn't have been allowed back after the first overstay, let alone the 2nd.

Please refrain from posting in this thread, you are only confusing the situation for the op.

[JohnR! 5,495]

Not a chance in hades... Any overstay would have resulted in denial at POE, cancellation of the visa and return to country of origin on the next flight.

If this person had acquired two overstays of at least 60 days within one year, do you really think the CBP officer would have allowed her in for a 3rd time? She wouldn't have been allowed back after the first overstay, let alone the 2nd.

Please refrain from posting in this thread, you are only confusing the situation for the op.

[Chris&Angel 5]

If this person had acquired two overstays of at least 60 days within one year, do you really think the CBP officer would have allowed her in for a 3rd time? She wouldn't have been allowed back after the first overstay, let alone the 2nd.

Please refrain from posting in this thread, you are only confusing the situation for the op.

I never said the OP friend over-stayed twice within the same year, so don't add any word to my post, and yes I do have an opinion.

OP's Quote "Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions,", the correct statement of the OP should be 3 visits, 2 were at the length of 5 months, the last visit coming 2 months after the 2nd 5 months. The OP friend isn't in a good position, wheather you like it or not, the friend has been flagged (Meaning= Put on Notice).

[Teddy B 17,252]

I never said the OP friend over-stayed twice within the same year, so don't add any word to my post, and yes I do have an opinion.

OP's Quote "Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions,", the correct statement of the OP should be 3 visits, 2 were at the length of 5 months, the last visit coming 2 months after the 2nd 5 months. The OP friend isn't in a good position, wheather you like it or not, the friend has been flagged (Meaning= Put on Notice).

But what about the two 60 day overstays on the 90 day B2 visa? Could you please explain the details of the 90 day B2 visa, I've never heard of it before. And could you also explain how this person was allowed entry into the US after overstaying on her two previous visits?

When you don't know what you are talking about, it is best to say nothing at all, otherwise you will cause more problems and confusion for the person seeking help. You should heed this advice.

Edited June 26, 2015 by Teddy B

[bilson4real 2]

At no time did she overstay on the two previous visits, before the third the problematic "NO AOS/EOS/COS" visit. One is usually allowed 6 months maximum stay per visit to the US at the Port of Entry, and she did not stay beyond legally allowable duration. She only stayed about five months on each visit. Anyway, my questions are: Can she decide to ignore the "NO AOS/EOS/COS" notation on her passport, get marry here and attempt to AOS? What is the likelihood that she can successfully AOS despite the "NO AOS/EOS/COS" clause? Do you know anybody that successfully AOS despite the " NO AOS/EOS/COS" limitation?. I personally believe, she had never overstayed her welcome in the States, and not committed any offence so far. Her 2 years multiple Visa will expire in Nov.,2015, she fears it will not be renewed because of this obnoxious note, hence the thought (not decided yet) to stay and AOS.

[Teddy B 17,252]

At no time did she overstay on the two previous visits, before the third the problematic "NO AOS/EOS/COS" visit. One is usually allowed 6 months maximum stay per visit to the US at the Port of Entry, and she did not stay beyond legally allowable duration. She only stayed about five months on each visit. Anyway, my questions are: Can she decide to ignore the "NO AOS/EOS/COS" notation on her passport, get marry here and attempt to AOS? What is the likelihood that she can successfully AOS despite the "NO AOS/EOS/COS" clause? Do you know anybody that successfully AOS despite the " NO AOS/EOS/COS" limitation?. I personally believe, she had never overstayed her welcome in the States, and not committed any offence so far. Her 2 years multiple Visa will expire in Nov.,2015, she fears it will not be renewed because of this obnoxious note, hence the thought (not decided yet) to stay and AOS.

I posted my thoughts previously. I think she has a pretty good chance of marrying and then adjusting. From what I've read, those notations written in the passports by the CBP officers are a warning and are not legally binding. There were also a few links posted earlier that could be helpful. I would definitely hire an experienced immigration attorney to assist in this process, but I think it can be done with little problem.