K-2 Visa holder

[KierenHby 899]

Longer the overstay, longer the ban

[anderson220 2]

7 hours ago, aaron2020 said:

 

2 minutes ago, Transborderwife said:

How long have you been out of status?  She cannot adjust your status and your overstay will not be forgiven as she's not a us citizen.

We arrived here September of 2015. We lived with him til December 15th. December 19 we moved to a shelter, they discussed about the VAWA but she has already submitted her application to the USCIS.

 

Late of February he wanted us back, mom gave him a chance but did it again. On April, he filed for divorce. He got us an apartment because the court told him to do so. 

 

Mom got her GC because she was able to file it on March, the time where they tried if they could be together again.

 

It was given to her November of 2016.

[anderson220 2]

11 minutes ago, KierenHby said:

Longer the overstay, longer the ban

We actually wanted to go back home, but her attorney DIDN'T want us to do so. She said it might confuse the USCIS.

[Transborderwife 4,666]

Just now, anderson220 said:

We actually wanted to go back home, but her attorney DIDN'T want us to do so. She said it might confuse the USCIS.

You need to at this point.  You have no path here

[Georgia16 2,858]

Just now, anderson220 said:

We actually wanted to go back home, but her attorney DIDN'T want us to do so. She said it might confuse the USCIS.

It's your choice not a attorney. 

 

And confuse them with what?

 

If you guys want to go back home them do so, your mom give up her GC and that will be it.

[anderson220 2]

16 minutes ago, Georgia16 said:

Your mom is divorced from your sponsor. You can't adjust status now. You should have done it at same time as your mom or when you came on your K-2 visa. You will be getting a ban by overstaying.

Nope, it isn't required actually. She got married mid the 90 days period. 

[anderson220 2]

Uhh that's not how it works.

[Georgia16 2,858]

1 minute ago, anderson220 said:

Nope, it isn't required actually. She got married mid the 90 days period. 

What isn't required? 

[Transborderwife 4,666]

1 minute ago, anderson220 said:

Nope, it isn't required actually. She got married mid the 90 days period. 

It doesn't matter, she cannot adjust your status.  Your status was tied to him 

[Transborderwife 4,666]

Just now, anderson220 said:

Uhh that's not how it works.

Why are you asking for our advice then?

[anderson220 2]

All she need is a divorce decree, evidence of the abuse and such. I am just trying to get second thoughts from you. 

 

 

[Transborderwife 4,666]

2 minutes ago, anderson220 said:

All she need is a divorce decree, evidence of the abuse and such. I am just trying to get second thoughts from you. 

 

 

You have overstayed, your overstay cannot be forgiven at this point

[Georgia16 2,858]

1 minute ago, anderson220 said:

All she need is a divorce decree, evidence of the abuse and such. I am just trying to get second thoughts from you. 

 

 

You are talking about different things. Now you are talking about your mom's ROC.

 

We are talking about you! ... You did not adjust your status with your mom or when you came and therefore you are out of status. Your mom is divorced from your sponsor and therefore you have no way of adjusting your status.

[IcezMan_IcezLady 582]

Your mum can adjust but n NOT YOU!

 You can return home , receive a ban , finish your ban then she can petition to bring you here.

 

[ConOfficer 167]

I'm really confused. But if you are out of status go home before you turn 19. If you turned 18 in the U.S. at 19 you will have accrued one year of unlawful presence, and thus a ten year ban. Unlawful presence under 18 doesn't count, thus if you leave before turning 19 you will only incur a 3 year bar.