Overstayed

[Cathi 5,782]

9 hours ago, Hakuna_Matata_8 said:

I hope an immigration lawyer can help

What exactly can an immigration lawyer do to help her? Answer:Nothing. She must go home.

[Going through 5,671]

An immigration lawyer is not going to help anyone with ideas or give advice on how to stay illegally. 

An immigration lawyer is going to tell your friend the same stuff we've been saying here.

[GabiMatch 161]

8 hours ago, milimelo said:

Wow you're really not getting it - immigration lawyer can't help. She can't adjust status by marrying another man. The way you keep asking questions sounds like friend is only after a green card. 

 

Have your friend go home and next time she finds an American she better marry in PI and not go for K1 visa. 

Agree with almost everything that everyone else said but I really think that most of the people here do not have a "deep acknowledgment" of the laws and most importantly "precedent cases" that could be out there as I really don't believe that she is the first person in this situation. I agree that she is trying to commit fraud in many different ways but I really do no believe that WE should be here "trying" to convince someone not to talk to a lawyer when we are referring to a LEGAL MATTER.

Peace!

[marklovetina 52]

I have a re-filed K1 visa before and we didn't waited 2 years to re-file my K1 petition and I know others did it too even with different petitioner.. 

[marklovetina 52]

I will share you something... I know a Filipina came here in the US in a tourist visa and she overstayed and married an american man.. until now she cannot go back to the Philippines and sad thing is she cannot get her daughter to come here and be with her in the US.. they spend thousands of dollars to an immigration officer but I heard she still got denied twice already... BUT she was granted an EAD so she can work and stay here legally but she cannot get a green card and she's been here in the US for so many years... the case of your friend she might ended up like this too.... as many said here what your friend  doing is a fraud... the only way she can come back here again is, IF someone is willing to petition her/him again to come back here in the US... advice her/him the right thing, we know that its a pain to deal and wait but at the end of the day it will be more better when you straighten out things right... and also my relative just came back here in the US after 21 years of waiting, she came here as tourist, delivered the baby here overstayed for some months came back tot he PH but still after 21 years she got a multiple tourist visa again... I think because my cousin is a USC here and she is living here now and the mother just want to visit her maybe the CO thought if they denied her the daughter will just petition her anyways right maybe that's why she was granted a multiple visa now... 

[Unidentified 2,930]

10 minutes ago, marklovetina said:

I will share you something... I know a Filipina came here in the US in a tourist visa and she overstayed and married an american man.. until now she cannot go back to the Philippines and sad thing is she cannot get her daughter to come here and be with her in the US.. they spend thousands of dollars to an immigration officer but I heard she still got denied twice already... BUT she was granted an EAD so she can work and stay here legally but she cannot get a green card and she's been here in the US for so many years... the case of your friend she might ended up like this too.... as many said here what your friend  doing is a fraud... the only way she can come back here again is, IF someone is willing to petition her/him again to come back here in the US... advice her/him the right thing, we know that its a pain to deal and wait but at the end of the day it will be more better when you straighten out things right... and also my relative just came back here in the US after 21 years of waiting, she came here as tourist, delivered the baby here overstayed for some months came back tot he PH but still after 21 years she got a multiple tourist visa again... I think because my cousin is a USC here and she is living here now and the mother just want to visit her maybe the CO thought if they denied her the daughter will just petition her anyways right maybe that's why she was granted a multiple visa now... 

So your friend is in her third green card application?

[marklovetina 52]

Just now, Unidentified said:

So your friend is in her third green card application?

yeah that's correct I know they been fixing it for a long time but she always get denied because she enters as a tourist visa then married an american man... I know the relationship is genuine because she really love her husband but the way she enters here she can't get a green card... but atleast she can work because they gave her an EAD but that expires every two years I think.. she is renewing her EAD card every two years that's what I know... 

[Suss&Camm 2,213]

4 minutes ago, marklovetina said:

yeah that's correct I know they been fixing it for a long time but she always get denied because she enters as a tourist visa then married an american man... I know the relationship is genuine because she really love her husband but the way she enters here she can't get a green card... but atleast she can work because they gave her an EAD but that expires every two years I think.. she is renewing her EAD card every two years that's what I know... 

Adjusting from a tourist visa is not in itself a problem. There must be something more to the story.

Also every time her green card is denied the ead becomes invalidated as well.

 

The OP entered on a K1 which is totally different and has its on rules.

Edited July 15, 2017 by Suss&Camm

[Scandi 4,176]

1 minute ago, Suss&Camm said:

Adjusting from a tourist visa is not in itself a problem. There must be something more to the story.

Also every time her green card is denied the ead becomes invalidated as well.

So a person like that is basically paying $1225 for an EAD every year/every two years since they get no greencard out of it. Sounds like a good deal for USCIS. 

[Suss&Camm 2,213]

Just now, Scandi said:

So a person like that is basically paying $1225 for an EAD every year/every two years since they get no greencard out of it. Sounds like a good deal for USCIS. 

I'm guessing that the denial would come within a year - so idk about the 2 year thing... she can only renew while aos is still pending...

But yea basically - very expensive ead!! 0.0 

 - I'm just wondering why the denials. Entering on tourist visa isn't the cause.

[marklovetina 52]

15 minutes ago, Suss&Camm said:

Adjusting from a tourist visa is not in itself a problem. There must be something more to the story.

Also every time her green card is denied the ead becomes invalidated as well.

yeah of course there is more story behind it but that's all I know but you know what probably the uscis treat every situation differently because her EAD is not invalid in fact she has two jobs... but I know clearly that she needs to renew it because if not she cannot work here... and before she got that EAD they need to hire that Immigration lawyer but still uscis refused to give her a GC....

Edited July 15, 2017 by marklovetina

[marklovetina 52]

12 minutes ago, Scandi said:

So a person like that is basically paying $1225 for an EAD every year/every two years since they get no greencard out of it. Sounds like a good deal for USCIS. 

yeah I know the last time they spend $4K to pay for an Immigation lawyer and now they are re-appealling again for the case... sucks right...

Edited July 15, 2017 by marklovetina

[Unidentified 2,930]

3 minutes ago, marklovetina said:

yeah of course there is more story behind it but that's all I know but you know what probably the uscis treat every situation differently because her EAD is not invalid in fact she has two jobs... but I know clearly that she needs to renew it because if not she cannot work here... and before she got that EAD they need to hire that IO but still uscis refused to give her a GC....

As soon as they deny her AOS application her EAD is automatically revoked and if she is continuing to work passed that she is working illegally. 

[Suss&Camm 2,213]

5 minutes ago, marklovetina said:

yeah of course there is more story behind it but that's all I know but you know what probably the uscis treat every situation differently because her EAD is not invalid in fact she has two jobs... but I know clearly that she needs to renew it because if not she cannot work here... and before she got that EAD they need to hire that IO but still uscis refused to give her a GC....

You don't hire an immigration officer - you hire an immigration lawyer. IO's work for uscis.

The rules for ead's are clear - they are only valid while aos is pending. Once she gets a denial they are automatically invalid. It's not something you get a letter about but it is just how it works. After that she would be working illegally.

Edited July 15, 2017 by Suss&Camm

[Suss&Camm 2,213]

5 minutes ago, marklovetina said:

yeah I know the last time they spend $4K to pay for an IO and now they are re-appealling again for the case... sucks right...

So they are appealing and not re-applying? That would be different.