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Blugoose

Help need to file AOS overstayed on visa

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

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Blugoose   5

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Hello , I am new to this forum and in having a slight panic as I've just seen the Trump administration is now cracking down on visa overstayers, I came out to visit my boyfriend on a B2 for 5 months because we were planning on traveling , just before I was due to go home he proposed and we got married in Vegas , I've been here now for 19 months , we are just $400 short of our filing fee as we have been saving to get it filed. I've not worked at all while I have been here , but now I'm extremely worried about this new development from the Trump administration. Are we still okay to file for an adjustment of status? My husband is a US citizen and we're going on 2 years of marriage in July. Please can anyone advise, I'm in a total state of panic . Thank you

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Now you are seeing why the administration is cracking down on such infraction. Too many people think that a immigrant needs to either be working illegally or a violent criminal to be breaking immigrat

payxibka
payxibka

Just surprised you know how much the filing fee is but not the forms required 

SalishSea
SalishSea

It took over a year to come up with the filing fee?  Does he have a job with an adequate income for the affidavit of support?   I believe all overstays of immediate relatives of USCs are for

Boiler Grand Master

Boiler   46,204

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Well you have been deported since you overstayed, certainly currently you can file to adjust and I doubt that will change any time soon. Seems the focus is on certain Countries, where are you from?

“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.”

Crazy Cat Grand Master

Crazy Cat   42,436

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1 minute ago, Blugoose said:

Hello , I am new to this forum and in having a slight panic as I've just seen the Trump administration is now cracking down on visa overstayers, I came out to visit my boyfriend on a B2 for 5 months because we were planning on traveling , just before I was due to go home he proposed and we got married in Vegas , I've been here now for 19 months , we are just $400 short of our filing fee as we have been saving to get it filed. I've not worked at all while I have been here , but now I'm extremely worried about this new development from the Trump administration. Are we still okay to file for an adjustment of status? My husband is a US citizen . Please can anyone advise, I'm in a total state of panic . Thank you

Personally, I would borrow the money to file as soon as I could...not because of the news article.....simply because there are no benefits at all to delaying......the sooner you file, the sooner you can work, travel outside the US & return, etc.......if you are out of status, you will be granted "authorized stay" while the I-485 is pending.........

 

BTW:  I urge to file an I-131 and an I-765 along with the I-485.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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SalishSea Grand Master

SalishSea   18,177

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4 minutes ago, Blugoose said:

Hello , I am new to this forum and in having a slight panic as I've just seen the Trump administration is now cracking down on visa overstayers, I came out to visit my boyfriend on a B2 for 5 months because we were planning on traveling , just before I was due to go home he proposed and we got married in Vegas , I've been here now for 19 months , we are just $400 short of our filing fee as we have been saving to get it filed. I've not worked at all while I have been here , but now I'm extremely worried about this new development from the Trump administration. Are we still okay to file for an adjustment of status? My husband is a US citizen and we're going on 2 years of marriage in July. Please can anyone advise, I'm in a total state of panic . Thank you

It took over a year to come up with the filing fee?  Does he have a job with an adequate income for the affidavit of support?

 

I believe all overstays of immediate relatives of USCs are forgiven.

Blugoose Rookie

Blugoose   5

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Just now, Boiler said:

Well you have been deported since you overstayed, certainly currently you can file to adjust and I doubt that will change any time soon. Seems the focus is on certain Countries, where are you from?

We should have the full filing fee in 2 months , is it possible I could be deported before then ? I'm from South Africa 

Crazy Cat Grand Master

Crazy Cat   42,436

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Just now, Blugoose said:

We should have the full filing fee in 2 months , is it possible I could be deported before then ? I'm from South Africa 

It is possible, yes......likely?   Probably not.

I would borrow the money asap......you will sleep better...

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Blugoose Rookie

Blugoose   5

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2 minutes ago, Jorgedig said:

It took over a year to come up with the filing fee?  Does he have a job with an adequate income for the affidavit of support?

 

I believe all overstays of immediate relatives of USCs are forgiven.

Unfortunately yes it's taken that long as he was a student. We have a co sponsor to help.

SalishSea Grand Master

SalishSea   18,177

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Filed: Lift. Cond. (apr) Country: New Zealand
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Just now, Blugoose said:

We should have the full filing fee in 2 months , is it possible I could be deported before then ? I'm from South Africa 

Yes, of course it is possible.  You are out of status.  Marriage to a USC does not, by itself, impart any type of immigration benefit.

SalishSea Grand Master

SalishSea   18,177

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 minute ago, Blugoose said:

Unfortunately yes it's taken that long as he was a student. We have a co sponsor to help.

Well then as the cosponsor is agreeing to support you, why not ask them for the filing fee?

Just now, Blugoose said:

I could be deported in 2 months?

Legally, you could be deported today.

Crazy Cat Grand Master

Crazy Cat   42,436

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1 minute ago, Blugoose said:

I could be deported in 2 months?

It is possible, yes......likely?   Probably not.

I would borrow the money asap......you will sleep better...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Blugoose Rookie

Blugoose   5

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3 minutes ago, missileman said:

It is possible, yes......likely?   Probably not.

I would borrow the money asap......you will sleep better...

I am planning on borrowing the money ,vid rather not wait. I was just concerned with being deported before having the filing fee

3 minutes ago, Jorgedig said:

Well then as the cosponsor is agreeing to support you, why not ask them for the filing fee?

Legally, you could be deported today.

I plan on it

Blugoose Rookie

Blugoose   5

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8 minutes ago, missileman said:

Personally, I would borrow the money to file as soon as I could...not because of the news article.....simply because there are no benefits at all to delaying......the sooner you file, the sooner you can work, travel outside the US & return, etc.......if you are out of status, you will be granted "authorized stay" while the I-485 is pending.........

 

BTW:  I urge to file an I-131 and an I-765 along with the I-485.

Can you tell me please what forms  I need ?

SalishSea Grand Master

SalishSea   18,177

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Filed: Lift. Cond. (apr) Country: New Zealand
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4 minutes ago, Blugoose said:

Can you tell me please what forms  I need ?

Everything is in the guides here on VJ and on the USCIS website.

 

Just curious.....if money is tight and you're needing to borrow for the filing fee, why did you not borrow the money for the fee when you first overstayed and married?  You could have been working for over a year now.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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