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edsperfect

overstay his visa and apply for COS?

By edsperfect in Bringing Family Members of US Citizens to America

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edsperfect Community Regular

edsperfect   25

Posted
Filed: Citizen (apr) Country: Russia
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Posted

I have a question for a friend of mine. Her son is here on a visitors visa but does not want to go back to Ukriane. Can he overstay his visa and apply for change of status since his mom is US citzen? If so how difficult is it? She has filed a couple of years ago a 130 for him

filed 129 with vermont 4/19/06

first notice 5/3/06?

IMRA RFE 6/19/06

snail mail RFE 6/22/06

returned 6/22/06

email they recieved 6/26/06

second RFE email 7/11/06

recieved 7/22

returned 7/24

touched 7/25

APProved 10/02/06

NVC sent to Moscow 10/17/06

package from Embassy 11/17/06

interview 01/11/07

approved visa 01/11/07

arrived 02/7/07

married 04/13/07

filed AOS 05/13/07

biometrics 06/06/07

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Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
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Posted

No

“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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edsperfect Community Regular

edsperfect   25

Posted
Filed: Citizen (apr) Country: Russia
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4 hours ago, Transborderwife said:

Nope His overstay would not be forgiven.

He has not overstayed his visa yet. I read somewhere, or someonetold me if he applys while still current it is not an overstay. Does that work?

filed 129 with vermont 4/19/06

first notice 5/3/06?

IMRA RFE 6/19/06

snail mail RFE 6/22/06

returned 6/22/06

email they recieved 6/26/06

second RFE email 7/11/06

recieved 7/22

returned 7/24

touched 7/25

APProved 10/02/06

NVC sent to Moscow 10/17/06

package from Embassy 11/17/06

interview 01/11/07

approved visa 01/11/07

arrived 02/7/07

married 04/13/07

filed AOS 05/13/07

biometrics 06/06/07

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Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
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Posted

No

“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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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
2 minutes ago, edsperfect said:

He has not overstayed his visa yet. I read somewhere, or someonetold me if he applys while still current it is not an overstay. Does that work?

He would need to maintain legal status until processing completes. You're probably referring to somebody under an immediate relative visa category. Given that she filed an I-130 years ago, the assumption is he does not qualify for that (since that process only takes around a year total for an IR-based visa).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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