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aa1979

Overstayed Tourist VISA

By aa1979 in Adjustment of Status from Work, Student, & Tourist Visas

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Ben & Katy Collaborator

Ben & Katy   168

Posted
Filed: Citizen (apr) Country: Mexico
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Posted
On 6/20/2021 at 4:32 PM, caliliving said:

Yes because overstay is forgiven so it doesn’t matter why you overstayed, you can not be denied a spouse visa for it so there is no point in them asking lol people get so worked up over this and it is perfectly legal to file the petition after you overstayed. 

In fact I have a buddy in Phoenix about to do the same thing except she (the tourist) isn’t working.  They had been denied entry in Lukeville, AZ because of the covid closure for Mexican tourists.  Then they hopped the freeway and headed for San Luis Rio Colorado, Sonora.   In San Luis they claimed she had a doctors appointment in AZ for the pregnancy and after 3 hours of being detained the supervisor let them in without proof.  She had the baby in Phoenix very recently.  All of us and his family told him not to bring her here that way and instead have her fly from Hermosillo to Phoenix, but what do we know right!?  They will have a lot of explaining to do when they go for the AOS.

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Chancy
Chancy

As a person with no legal immigration status in the US, he is deportable.  But the risk is very low that he will get in trouble with ICE, as long as he keeps a low profile.  In any case, as a spouse o

oneoftheunderdogs
oneoftheunderdogs

One thing he should definitely NOT do is lie to an immigration officer. That would be very serious!    These processes are in place for a reason, so it is best to be honest and he will be fine!

SusnOwen
SusnOwen

Just to clarify - His overstay is not forgiven just because he got married - until they file and it is excepted, he is still at risk.  I would recommend filing ASAP.

Boiler Grand Master

Boiler   46,109

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Explain what?

“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.”

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
22 hours ago, Ben & Katy said:

In fact I have a buddy in Phoenix about to do the same thing except she (the tourist) isn’t working.  They had been denied entry in Lukeville, AZ because of the covid closure for Mexican tourists.  Then they hopped the freeway and headed for San Luis Rio Colorado, Sonora.   In San Luis they claimed she had a doctors appointment in AZ for the pregnancy and after 3 hours of being detained the supervisor let them in without proof.  She had the baby in Phoenix very recently.  All of us and his family told him not to bring her here that way and instead have her fly from Hermosillo to Phoenix, but what do we know right!?  They will have a lot of explaining to do when they go for the AOS.

No they won’t. Plans change and they will be fine! They were legally allowed in. 
 

Ben & Katy Collaborator

Ben & Katy   168

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted
1 hour ago, caliliving said:

No they won’t. Plans change and they will be fine! They were legally allowed in. 
 

Because they lied.  They had no docs for the appointment and if the agent is a ####### he could ask for that. 

Boiler Grand Master

Boiler   46,109

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
19 minutes ago, Ben & Katy said:

Because they lied.  They had no docs for the appointment and if the agent is a ####### he could ask for that. 

That was something the POE dealt with, why would it even come up?

 

 

“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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