Problem at Port of entry, ATL.

[Chris&Angel 5]

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.

Thank you for the clarification of the VISA, your friend was here using the VWP 2 year Visa, she was not here on a B2 Visa, is this Correct? Quote "Her 2 years multiple Visa will expire in Nov.,2015".

IMHO, she needs to stay home, go through the Visa process (K1) and have a Lawyer.

[KierenHby 899]

Thank you for the clarification of the VISA, your friend was here using the VWP 2 year Visa, she was not here on a B2 Visa, is this Correct? Quote "Her 2 years multiple Visa will expire in Nov.,2015".

IMHO, she needs to stay home, go through the Visa process (K1) and have a Lawyer.

Sounds like a 2-yr B2 with an 180-day authorized stay.. and not VWP. I thought visa waivers are 90-day stays..no? "NO AOS/EOS/COS" = NO adjustment\ NO extension\ NO change. Recommendation likely in the "System" and potentially risky for OP's friend to adjust.

5 month stay + another 5 month stay, then returning after 2.. was really pushing the CBP's envelope.

[Chris&Angel 5]

Sounds like a 2-yr B2 with an 180-day authorized stay.. and not VWP. I thought visa waivers are 90-day stays..no? "NO AOS/EOS/COS" = NO adjustment\ NO extension\ NO change. Recommendation likely in the "System" and potentially risky for OP's friend to adjust.

5 month stay + another 5 month stay, then returning after 2.. was really pushing the CBP's envelope.

Could be, OP can you clarify the type of Visa your friend has?

[bilson4real 2]

She overstayed twice.

No. She never overstayed at anytime. If she did, she wouldn't have been allowed in the third visit.

[bilson4real 2]

Could be, OP can you clarify the type of Visa your friend has?

B1B2

[madtownguy 164]

B1B2

Not only did your friend mislead and get a red mark against her if she does try to apply but she married a felon. Nobody on the internet can help her situation. I doubt a lawyer can. The situation she is in is not normal. Her husband being a felon is going to be her biggest problem, but the notes in her passport aren't going to help any either.

[Teddy B 17,252]

Lots of hurdles to overcome here. From what I read in your other thread, the notes in your friend's passport are the least of their worries.

[bilson4real 2]

Not only did your friend mislead and get a red mark against her if she does try to apply but she married a felon. Nobody on the internet can help her situation. I doubt a lawyer can. The situation she is in is not normal. Her husband being a felon is going to be her biggest problem, but the notes in her passport aren't going to help any either.

Common now! Yes, I posted two puzzles in recent past, but they are not related to one another. These are two independent problems facing two individuals. Why link them together? It seems to me like a bad assumption.

[Transborderwife 4,666]

Common now! Yes, I posted two puzzles in recent past, but they are not related to one another. These are two independent problems facing two individuals. Why link them together? It seems to me like a bad assumption.

Because more often than not on VJ they are linked. That and it seems rare to have so many friends going through immigration.

[bilson4real 2]

Lots of hurdles to overcome here. From what I read in your other thread, the notes in your friend's passport are the least of their worries.

Please, two issues, two individuals. If a person is faced with both issues, I will advise the immigrant to go home. Period.

[KierenHby 899]

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.

Why is there even a thought to renewing after Nov, 2015? Your first post suggested she came on her 3^rd trip for a long stay/rest.. is that rest not complete?

And now her concern that her visa may not be renewed is (your words) leading her to consider staying and AOS. Marrying and\or adjusting simply to get an immigration benefit is fraud.

[Teddy B 17,252]

Please, two issues, two individuals. If a person is faced with both issues, I will advise the immigrant to go home. Period.

You've been given all the advice your friend would need about the CBP officer notes in her passport. If it truly is two different people then my original opinion still stands that it should be possible for her to AOS with a competent immigration attorney. If she is the person in your other thread as well, then she has bigger problems to worry about.

Good Luck!

Edited June 26, 2015 by Teddy B