AOS denied: Overstayed Visa: Penalty leaving within and past 30 days

[Going through 5,671]

Possible.  We've seen before where friends helping friends become the "friend" in need.

[Duke & Marie 1,389]

3 threads.. looks like she filed without him, now was denied.. 

 

all channels closed if hes looking looking for a divorce as mentioned in other threads. 

 

She needs to go home

[Going through 5,671]

 

Well, if the OP of this thread really is the foreign spouse, here are my responses to your questions:

 

7 hours ago, BluesDancer said:

1) A person I am helping overstayed their visa 180 days.

Not something I would recommend.

 

7 hours ago, BluesDancer said:

2) Her AOS of status denied giving her 30 days to leave. She stayed past the 30 days.

Also not something I would recommend. 

 

7 hours ago, BluesDancer said:

3) She won't be  able to get approved reapplying for AOS.

Correct on this point.  There's no basis to be approved.

 

7 hours ago, BluesDancer said:

Question: What is the penalty for leaving the USA AFTER 30 days being overstayed and AOS denied.

Slim chance of getting a future tourist visa approved.  You abused the tourist visa by overstaying, then did not heed the requirement of leaving the country after denial.   Doesn't help your chances of a CO in the future believing you would abide by the rules later on, if applying for a tourist visa.

 

7 hours ago, BluesDancer said:

Question: What is the penalty for leaving the USA WITHIN 30 days to leave, being overstayed and AOS denied.

None, really.  You've done what you were required to do at that point---leave the country.  

 

7 hours ago, BluesDancer said:

Question: Can this person reapply for AOS to avoid a 10 year ban and leave withing 30 days using the second denial.

If you mean "can this person keep applying for AOS knowing it will be denied and keep extending their period of authorized stay in the country while the AOS is pending and basically reside here?"  No.  They catch on to things like that pretty quickly---especially since each AOS would be denied based on your non-eligibility to file.

 

 

 

 

[Canerican 242]

9 hours ago, BluesDancer said:

Question: Can this person reapply for AOS to avoid a 10 year ban and leave withing 30 days using the second denial.

1. You cannot keep applying because USCIS catches on to these situations as another poster stated.

2. If you do keep doing this and USCIS catches on they can/may contact Immigration and Customs Enforcement (ICE) to meet her at her interview and take her into custody. I have heard of this happening in the past where ICE meets someone at an interview and they are taken into custody. 

[Kingdomcome84 18]

If she went thru with filing AoS without your behalf, be ready for the K1 wife to makeup a nasty VAWA case against you as her last means to try to stay in the USA

[Marieke H 2,521]

11 hours ago, BluesDancer said:

A person I am helping

In your February thread people were strongly advising you to file for a divorce and end all contact with her to avoid a false VAWA claim. You said you were going to completely disconnect from her. And now you're helping her to stay in the US as long as possible, legally or illegally?

 

Let her figure it out. She will have to go home.

[Unlockable 7,315]

*** Thread closed for review.

 

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[Unlockable 7,315]

*** Two threads in relation to the same situation merged. Please keep all subject matter into one thread. 

 

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