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kabhatti

Overstay of visit visa, now married to US Citizen

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

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kabhatti Collaborator

kabhatti   2

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

Hello everyone, after so many years I'm back to my favorite place for information. This time to help a friend who has overstay visa. However after several years, has married a US Citizen. I'm thinking with this she can apply and obtain a green card. Am I correct and what form is applicable? I485 as she is already in the US. Thanks so much and sorry I tried a search.

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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Lil bear Mentor

Lil bear   4,163

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
17 minutes ago, kabhatti said:

Hello everyone, after so many years I'm back to my favorite place for information. This time to help a friend who has overstay visa. However after several years, has married a US Citizen. I'm thinking with this she can apply and obtain a green card. Am I correct and what form is applicable? I485 as she is already in the US. Thanks so much and sorry I tried a search.

Yes. Adjust status and for this category overstay is “forgiven “. Apply before the fees increase in April if at all possible. Apply for work and travel authorization concurrently. Still 8 plus months before she can consider traveling overseas  

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Ontarkie Grand Master

Ontarkie   14,193

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~MOved to AOS from Work, Student and Tourist Visas, from Bringing Family of USC- the OP's friend is in the US and looking to adjust.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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kabhatti Collaborator

kabhatti   2

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
  • Author
Posted
5 hours ago, Verrou said:

yes, she can file adjustment of status. 130,130A,485,765,864

did she enter with visa/passport or cross ilegally? (entry without inspection)

Hi, legal visit vusa.. returned to Pakistan on time then came back to US and then overstayed.

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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kabhatti Collaborator

kabhatti   2

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
  • Author
Posted
7 hours ago, Verrou said:

yes, she can file adjustment of status. 130,130A,485,765,864

did she enter with visa/passport or cross ilegally? (entry without inspection)

So which of the forms are required? 

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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kabhatti Collaborator

kabhatti   2

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
  • Author
Posted
On 3/22/2024 at 7:21 AM, Verrou said:

I will do all if file before April 1st

So major problem. US citizen and new wife had an argument, he decided to send her back to her home state and not cooperate with applications. Anything possible?

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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OldUser Veteran

OldUser   6,549

Posted
Timeline
Posted (edited)
4 minutes ago, kabhatti said:

So major problem. US citizen and new wife had an argument, he decided to send her back to her home state and not cooperate with applications. Anything possible?

No, US citizen has all the power until GC is approved, unless I-130 is already filed and immigrant claims abuse through WAVA.

 

He cannot send her back, she's not an object. But she would not be able to legally stay in the US without husband changing mind.

 

Given this huge argument occurred so early in the process, I would advice not proceeding with I-130 even if they make up. Too much risk of another argument further down the line of immigration journey. Legal divorce and leaving the US sound like a sensible option.

Edited by OldUser
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kabhatti Collaborator

kabhatti   2

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
  • Author
Posted
2 minutes ago, OldUser said:

No, US citizen has all the power until GC is approved, unless I-130 is already filed and immigrant claims abuse through WAVA.

 

He cannot send her back, she's not an object. But she would not be able to legally stay in the US without husband changing mind.

 

Given this huge argument occurred so early in the process, I would advice not proceeding with I-130 even if they make up. Too much risk of another argument further down the line of immigration journey. Legal divorce and leaving the US sound like a sensible option.

Wise thoughts 

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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Family Mentor

Family   3,988

Posted
Timeline
Posted
16 minutes ago, kabhatti said:

So major problem. US citizen and new wife had an argument, he decided to send her back to her home state and not cooperate with applications. Anything possible?

Wow…marriage broke down between Thursday ( date of original post and today ..Monday . ..

 

How long have they been married?

 

 

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kabhatti Collaborator

kabhatti   2

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
  • Author
Posted
3 hours ago, Family said:

Wow…marriage broke down between Thursday ( date of original post and today ..Monday . ..

 

How long have they been married?

 

 

2 to 3 weeks, older people, US citizen wife passed away, wife also widow. 

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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