Came on Tourist Visa, overstayed & got married

[SusieQQQ 11,586]

26 minutes ago, JeanneAdil said:

File,  if she leaves now after the overstay,  there is a bar

Bar only after 180 days, doesn’t sound like they are quite there yet 

 

37 minutes ago, gsdc23 said:

there’s an over stay of over 5 months?

However it doesn’t sound as though aunt has any intention of leaving anyway 🤷‍♀️ She’s certainly within the law to adjust now, but she should remember this (overstay history by a country’s nationals) as part of the reason the next time one of her friends gets denied a b visa 

[JeanneAdil 6,505]

7 minutes ago, SusieQQQ said:

Bar only after 180 days, doesn’t sound like they are quite there yet 

his titile says came on 6 month tourist visa and overstayed and married 6 month is 180 days

 

However it doesn’t sound as though aunt has any intention of leaving anyway 🤷‍♀️ She’s certainly within the law to adjust now, but she should remember this (overstay history by a country’s nationals) as part of the reason the next time one of her friends gets denied a b visa 

 

[SusieQQQ 11,586]

18 minutes ago, JeanneAdil said:

 

Uh, the 6 months in the heading was the tourist visa, the overstay was ‘5 months” as per the quote I extracted for you. But it’s not relevant anyway as they don’t intend to go back and do it via CP.

[Mimicherie 142]

@Crazy Cat and/or @Jeanne Adil 

 

When asked about the documentation of immigrant category, what do I put since she technically wasn’t filed for? 

[JeanneAdil 6,505]

5 minutes ago, SusieQQQ said:

Uh, the 6 months in the heading was the tourist visa, the overstay was ‘5 months” as per the quote I extracted for you. But it’s not relevant anyway as they don’t intend to go back and do it via CP.

so,  she stayed 11 months on a 6 month visa  what happens if she is caught before getting receipt for the AOS process?

2 minutes ago, gsdc23 said:

@Crazy Cat and/or @Jeanne Adil 

 

When asked about the documentation of immigrant category, what do I put since she technically wasn’t filed for? 

follow the guides above 

and have the USC husband get a profile here and do a timeline

 

he should understand the cost of all this,  and the poverty guidelines to know what he faces and that he needs to have health care insurance for her now 

Edited August 31, 2021 by JeanneAdil

[Mimicherie 142]

2 minutes ago, JeanneAdil said:

so,  she stayed 11 months on a 6 month visa  what happens if she is caught before getting receipt for the AOS process?

follow the guides above 

and have the USC husband get a profile here and do a timeline

I mean we’re hoping she doesn’t get “caught” she doesn’t work or anything and literally Sits at home all day trying to learn some English. 
 

I am in process of creating a profile for them now. I’m just remembering some questions from my AOS process with my husband and letting them know what questions they should prepare to know answers to when filing, but thank you 😊 

[SalishSea 17,829]

5 minutes ago, gsdc23 said:

I mean we’re hoping she doesn’t get “caught” she doesn’t work or anything and literally Sits at home all day trying to learn some English. 
 

I am in process of creating a profile for them now. I’m just remembering some questions from my AOS process with my husband and letting them know what questions they should prepare to know answers to when filing, but thank you 😊 

Also, she may not be aware that she cannot work or travel until she has EAD/AP, which is currently taking around 8 months.

[SusieQQQ 11,586]

14 minutes ago, JeanneAdil said:

so,  she stayed 11 months on a 6 month visa  what happens if she is caught before getting receipt for the AOS process?

follow the guides above 

and have the USC husband get a profile here and do a timeline

 

he should understand the cost of all this,  and the poverty guidelines to know what he faces and that he needs to have health care insurance for her now 

Who is going to “catch” her? Anyway the point you were talking about was a bar if she leaves, still doesn’t come into effect at this stage 

 

agree the husband needs to figure out what’s going on. If they get denied for not meeting income guidelines she’s going to be in a heap of trouble.

[Mimicherie 142]

5 minutes ago, Jorgedig said:

Also, she may not be aware that she cannot work or travel until she has EAD/AP, which is currently taking around 8 months.

Yes, I let her know of this as well, she has a good support system so she’ll be okay for the most part in that department. Thank you.

[SusieQQQ 11,586]

6 minutes ago, Jorgedig said:

Also, she may not be aware that she cannot work or travel until she has EAD/AP, which is currently taking around 8 months.

Apparently not an issue 

 

12 minutes ago, gsdc23 said:

she doesn’t work or anything and literally Sits at home all day
 

 

[Mimicherie 142]

2 minutes ago, SusieQQQ said:

Who is going to “catch” her? Anyway the point you were talking about was a bar if she leaves, still doesn’t come into effect at this stage 

 

agree the husband needs to figure out what’s going on. If they get denied for not meeting income guidelines she’s going to be in a heap of trouble.

Yes, I’m telling him this and he’s trying to just receive the information rather than navigating through it himself. He owns a few businesses and works a pretty good paying job my aunt also has siblings who’s willing to support with Affidavit of support if needed, so hopefully this doesn’t become an issue, but I agree with you. He should deff be prepared for any and everything. 
 

Thank you.

[SusieQQQ 11,586]

6 minutes ago, gsdc23 said:

Yes, I’m telling him this and he’s trying to just receive the information rather than navigating through it himself. He owns a few businesses and works a pretty good paying job my aunt also has siblings who’s willing to support with Affidavit of support if needed, so hopefully this doesn’t become an issue, but I agree with you. He should deff be prepared for any and everything. 
 

Thank you.

So he should just be aware as someone who owns his own businesses, something we have seen here before a few times,  business owners can get very smart with what they do for tax to minimize their income (totally legal) and then get caught out by what they need to show for i864 as the income looks too low.

[Mimicherie 142]

18 minutes ago, SusieQQQ said:

So he should just be aware as someone who owns his own businesses, something we have seen here before a few times,  business owners can get very smart with what they do for tax to minimize their income (totally legal) and then get caught out by what they need to show for i864 as the income looks too low.

Very true, I’ll be sure to share this insight with him so he understands why he needs to be at the forefront when receiving important information such as this directly rather than from word of mouth. Again, thank you. 

[Sparkle Sparkle 914]

thanks, I assumed that was common knowledge

[JeanneAdil 6,505]

38 minutes ago, SusieQQQ said:

Who is going to “catch” her? Anyway the point you were talking about was a bar if she leaves, still doesn’t come into effect at this stage 

 

agree the husband needs to figure out what’s going on. If they get denied for not meeting income guidelines she’s going to be in a heap of trouble.

thanks for the answer / someone should keep track of who's here but it is a personal issue as i went thru all this legally for such a long time