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NOC10

F-1 overstayed for over 3 years then got marry with US citizen.

By NOC10 in Adjustment of Status from Work, Student, & Tourist Visas

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NOC10 Rookie

NOC10   0

Posted
Filed: Lift. Cond. (apr) Country: South Korea
 Timeline
Posted

I came USA on August 2010 for study. I went to language school until December 2011 then I went to back to my country just for visit.

Then I came back USA on January 2012 with same F-1 visa. Then I thought I could still study but my family in my country had a financial problem so they

can't send me a tuition. After all I didn't go to school but I wanted to stay here because I have my uncle's family and aunt's too.

I decided to stay with out permit. I just lived with my aunt.

3 years later, it was 2014 December, I met my wife we dated for 7 months and we got married on July 2015.

Then we filed all the paper work without lawyer(I really wanted to hire but my wife told me we didn't need to) on October.

I did fingerprint and get a notice letter for initial interview on November. So my interview is going to be on 29th December.

After I got notice letter, I have concerned about interview because I overstayed for 3 years.

What if interviewer make me problem with this? What should I prepare for interview with my status?

POM Explorer

POM   21

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

Usually your overstay is forgiven if you are adjusting due to marriage..they most likely will not even ask why you overstayed.

You should be fine.

Spoiler
Adjustment Of Status:

06/25/2015: AOS/EAD/AP package Sent to USCIS

06/30/2015: Package received
07/03/2015: NOA1 hard copies received
07/10/2015: Biometrics appointment letter received
07/18/2015: RFE notice
07/23/2015: Biometrics appointment
07/24/2015: RFE hardcopy received
07/27/2015: RFE response sent via USPS express
07/29/2015: RFE received
08/24/2015: EAD/AP Card production/Approved
08/28/2015: EAD approval letter received
08/28/2015: EAD/AP Card Mailed
08/31/2015: EAD/AP Card received
09/03/2015: Applied for SSN
09/11/2015: SSN received
11/30/2015: AOS interview (no decision)
02/20/2016: RFE2: New medical
02/25/2016: New Medical completed/submitted
03/04/2016: Approved/Card Production
03/08/2016: Green card mailed
03/11/2016: 10 Year Green card in hand :dance:
 
Naturalization:
04/11/2019: N-400 filed online
04/13/2019: Biometrics appointment scheduled
04/16/2019: Biometrics letter mailed
04/30/2019: Biometrics appointment
 
codycody Community Regular

codycody   31

Posted
Filed: Citizen (pnd) Country: Vietnam
 Timeline
Posted

Be ready for that, 100% they will focus on your overstay. Your case may be deny.

Month/Day/Year

F2A

Married on 10/08/2012

I-130 sent on 09/15/2013

Priority day is 09/16/2013

I-130 was approved on 11/15/2013

I did wait almost 2 years for my visa available to be able to send I-485.

AOS

I-485 and I-765 were sent on 05/29/2015

USCIS Received Date June 02, 2015 

A check of $1070 was cashed by USCIS Chicago on 06/08/2015

Biometrics Appointment on July 1st, 2015

EAD is approved on August 10th 2015 (73 days)

Received EAD card on August 19th 2015

Sent renew EAD on April 9th 2016

Got interview notice on March 30th 2016

USCIS received on April 11th 2016

Interview Scheduled on May 3rd 2016

Approved on the spot - Handed print out approval notice.

Received 10 years GC in hand on May 7th 2016

N-400 

Filed online on 02/02/2021

NOA online on 02/02/2021

Received NOA in mail on 02/10/2021

Reuse Biometrics NOA online 02/19/2021

Received  in mail Reuse Biometrics NOA on  03/01/2021

Interview Scheduled on 02/17/2022

Interviewed on 03/16/2022

Oath scheduled on 03/22/2022

Took Oath on 04/02/2022

 

 

 

 

 

 

 

 

 

 

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Whether you are in status is completely not relevant for AOS as an Immediate Relative. It probably won't even come up, but if it does, just be open and honest. It doesn't matter.


Be ready for that, 100% they will focus on your overstay. Your case may be deny.

This is so completely wrong. It does not matter one bit.

POM Explorer

POM   21

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

Be ready for that, 100% they will focus on your overstay. Your case may be deny.

cody, please stop spreading FUD..

Spoiler
Adjustment Of Status:

06/25/2015: AOS/EAD/AP package Sent to USCIS

06/30/2015: Package received
07/03/2015: NOA1 hard copies received
07/10/2015: Biometrics appointment letter received
07/18/2015: RFE notice
07/23/2015: Biometrics appointment
07/24/2015: RFE hardcopy received
07/27/2015: RFE response sent via USPS express
07/29/2015: RFE received
08/24/2015: EAD/AP Card production/Approved
08/28/2015: EAD approval letter received
08/28/2015: EAD/AP Card Mailed
08/31/2015: EAD/AP Card received
09/03/2015: Applied for SSN
09/11/2015: SSN received
11/30/2015: AOS interview (no decision)
02/20/2016: RFE2: New medical
02/25/2016: New Medical completed/submitted
03/04/2016: Approved/Card Production
03/08/2016: Green card mailed
03/11/2016: 10 Year Green card in hand :dance:
 
Naturalization:
04/11/2019: N-400 filed online
04/13/2019: Biometrics appointment scheduled
04/16/2019: Biometrics letter mailed
04/30/2019: Biometrics appointment
 
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Be ready for that, 100% they will focus on your overstay. Your case may be deny.

Nope. Nope. Nope. As an immediate relative of a US citizen who entered the country legally but overstayed, you will be fine.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

QueenComley Community Regular

QueenComley   295

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

Be ready for that, 100% they will focus on your overstay. Your case may be deny.

wrong. I know plenty examples of people who overstayed and it was never brought up in interview, Its generally forgiven and overlooked.

heart.gif Every love story is beautiful, but ours is my favorite heart.gif

QueenComley Community Regular

QueenComley   295

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

NO. It is not "you never know until you go". It's not some random thing that some guy arbitrarily decides. Immigration matters follows laws and rules and, at least on this issue, it is very clear. Whether the OP is in status is not relevant to his AOS.

The cases you mentioned are completely irrelevant to the case here. Those are people who are not in the US (they left the US, either voluntarily or involuntarily), and are thus not eligible for AOS. The OP is in the US, and is eligible for AOS.

Exactly :thumbs:

heart.gif Every love story is beautiful, but ours is my favorite heart.gif

walran Enthusiast

walran   24

Posted
Filed: Lift. Cond. (pnd) Country: Nepal
 Timeline
Posted (edited)

NO. It is not "you never know until you go". It's not some random thing that some guy arbitrarily decides. Immigration matters follows laws and rules and, at least on this issue, it is very clear. Whether the OP is in status is not relevant to his AOS.

The cases you mentioned are completely irrelevant to the case here. Those are people who are not in the US (they left the US, either voluntarily or involuntarily), and are thus not eligible for AOS. The OP is in the US, and is eligible for AOS.

Edited by walran
Pitaya Grand Master

Pitaya   2,577

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

~Two posts removed, one for TOS violation, other for quoting violating post~

~The purpose of a tourist visa is to visit the US, and then return home after the visit is completed. To use a tourist visa with immigration intent is considered immigration fraud.~

The TOS violated:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Further TOS violations will result in administrative actions.

Pitaya

VJ Moderation

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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