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caregiver4ever

overstayed visa (merged)

By caregiver4ever in IR-1 / CR-1 Spouse Visa Process & Procedures

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Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
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Posted

Lot of good information here

 

Biggest cost would be a Lawyer assuming you need one

 

which visa did he overstay?

“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   42,221

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
13 minutes ago, caregiver4ever said:

My boyfriend overstayed his visa, and now we want to get married. Does anybody know the process and cost? I am in Vegas

@Loren Y is the expert on Vegas weddings.  For immigration, follow this guide for marrying and adjusting status.

 

 

"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.. 
 

Crazy Cat Grand Master

Crazy Cat   42,221

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

***Moved to the Adjustment of Status forum area***

"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.. 
 

Crazy Cat Grand Master

Crazy Cat   42,221

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
4 minutes ago, caregiver4ever said:

After checking it out i see his C1/D expires in October of this year 

Generally, I don't think he can adjust status from that visa.  You need a good attorney.

Edited by Crazy Cat

"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.. 
 

Boiler Grand Master

Boiler   46,059

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

Nope, how long has been illegal, if under 6 months he needs to leave asap, you can of course marry before he does or when he gets home.

“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   42,221

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 minutes ago, Boiler said:

Nope, how long has been illegal, if under 6 months he needs to leave asap, you can of course marry before he does or when he gets home.

Agree.  Now is not the time to stay inside the US while "out of status". 

"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.. 
 

JeanneAdil Grand Master

JeanneAdil   6,633

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

Crewmember Visa

 

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.  Crewmember (D) visas are nonimmigrant visas for persons working onboard commercial sea vessels or international airlines in the United States, providing services required for normal operation and intending to depart the United States on the same vessel or any other vessel within 29 days. 

 

https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status

 

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories (unless you are applying for T nonimmigrant status or petitioning for U nonimmigrant status):

  • Visa Waiver Program 
  • Crew member (D nonimmigrant visa)
  • In transit through the United States (C nonimmigrant visa)
Crazy Cat Grand Master

Crazy Cat   42,221

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
25 minutes ago, caregiver4ever said:

His visa expires October 2025, He went awall while docked in cali. What can we do to get a visa while he is here

I have read that is the very reason a person holding a C1/D can not stay and adjust status.  You need an attorney.

"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.. 
 

Cathi Veteran

Cathi   5,784

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted
52 minutes ago, caregiver4ever said:

His visa expires October 2025, He went awall while docked in cali. What can we do to get a visa while he is here

Nothing, there is nothing you can do. He must depart immediately, yesterday if possible. 


JeanneAdil Grand Master

JeanneAdil   6,633

Posted
Filed: Citizen (apr) Country: Morocco
 Timeline
Posted
3 minutes ago, JeanneAdil said:

His visa expires October 2025, He went awall while docked in cali. What can we do to get a visa while he is here

 

He needs to leave ASAP

He is here illegally 

went he went awall he has violately the visa conditions and he is illegal

Family Mentor

Family   4,197

Posted
Timeline
Posted
58 minutes ago, caregiver4ever said:

His visa expires October 2025, He went awall while docked in cali. What can we do to get a visa while he is here

Nothing he can do  as far as an immediate fix and no amount of $$ paid to attorneys will change that. 
 

‘Your  2 options are as follows:

I

1. Marry. In Vegas you get marriage certificate same day. 
2. File I-130 ..mark consular process with his country of origin. Takes 14-18 months . Don’t mark “adjust in US” as that will cost you big delays and a future unnecessary I-824

3. Once USCIS approves I-130 case gets assigned to NVC . Pay the IV fees . 
4. With a copy of invoice paid, file I-601 A Provisional Waiver . ** Assuming it is still in place . Hire an attorney at the the Waiver stage and do lots of research and prep beginning now .

Anticipate another 1.5 years of waiting for I-601 A approval.

 

5. After I-601 A approval, complete NVC docs and get DQ, 

6. Wait for embassy to schedule IV interview. He then goes to interview and if all well, comes back an LPR

I-601 -A IS ONLY if he intends to stay put in the US until it’s approved. Will be tough but there are millions living under the radar.

 

Ii

1. Marry 

2. File I-130

3. He leaves and waits outside the US . 
4. You file I-601 .

5 and 6 are same 

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

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