Overstayed Visa, Adjustment in Future

[harry_burton32 0]

Hello, I'm currently 17 years old and my girlfriend is 18.

She came to this country from Panama about 2-3 years ago with a Tourist visa.

She overstayed for a few years now from whatever the normal limit is on a Tourist visa. She said it was valid for 5 years or something. I don't really understand a lot of immigration rules and regulations and that's why I've come here for help.

Once I'm 18 or a few years later, how could I adjust her status even tho she overstayed the visa by a 2-3 year range. This range would definitely turn to be like a 4-8 year range very easily. Hopefully there is something I could do because I don't want her to get deported even tho she doesn't do anything bad.

[harry_burton32 0]

--- I am a US Born Citizen

If you need any more information I would be willing to offer it.

[YuAndDan 153]

The visa may be valid 5 years, HOWEVER The officer at the POE usually sets the period of stay at any given time to 90 days. The overstay INVALIDATED the visa.

Adjusting status after an overstay may be touchy, sometimes it is no problem other times USCIS considers the overstay is intentional and getting married as an attempt to remain in the USA.

In the case of a visitor coming to the USA, meeting someone and on the spur of the moment get's hitched, then filing for adjustment within the legal period of stay, this tends to be not a problem.

In cases like this it is best to consult an immigrations lawyer.

[harry_burton32 0]

Yea that's what I was thinking. But she had no intentions of meeting someone because she was like 15 when she first arrived. Now that she is 18 she is going to start college and getting residence would make that task much easier. Do you think if she overstays for like 5 years she still could get adjustment of status and legalization ?

BTW She is Chinese-Panamanian. Parents were born in China but she was born in Panama.

[YuAndDan 153]

Yea that's what I was thinking. But she had no intentions of meeting someone because she was like 15 when she first arrived. Now that she is 18 she is going to start college and getting residence would make that task much easier. Do you think if she overstays for like 5 years she still could get adjustment of status and legalization ?

BTW She is Chinese-Panamanian. Parents were born in China but she was born in Panama.

Makes no difference where she came from or where parents came from.

She came to the USA as a visitor, but did not return to home country, at this point, she can be deported, and a 10 year bar can be placed on her.

Only thing can be done is to marry file I-130+I-485, and perhaps be required to file an I-601 to get a waiver if the inadmissibility bar of an "Alien illegally present", only thing going for her is that she entered the USA legally with inspection.

http://www.visajourney.com/forums/index.php?showtopic=319

[harry_burton32 0]

Alright thank you. If I think about any other questions I will be sure to post.

[emt103c 10]

If she is married to a USC, filing for Adjustment of status after marriage based on an approved I-130. . . and has never been caught or deported, overstay will be forgiven since she entered on a tourist visa.

Do not lose the I-94 or copies of the visa, those will be necessary to prove legal entry. In the meantime, until you decide to file, she is deportable if caught. You WILL NOT NEED AN i-601, as long as she does not leave the country in the meantime.

If she leaves the country, or tries to consular process, she will incur a 10 year ban and require a 601 hardship waiver.

[William33 110]

Moved to Waivers forum.

[harry_burton32 0]

Thanks for the information, I highly appreciate it.

[harry_burton32 0]

So what would I exactly need to do first ?

1. Marry her

2. File for I-130 (Petition for Alien Relative) which I'm assuming bonds me with her in the eyes of USCIS.

3. File for I-485 (Adjustment of Status) which I'm assuming changes my Wife' status from 'Single, Tourist Visa' to 'Married, US Citizen' and gives her Permanent Residence (Green Card).

Now a few other question are :

"Can and What would happen if the I-130 is denied but we are still married?" and

"What documents besides the I-94 (Which she received when she first entered the country) does she need?"

[emt103c 10]

She does not become a citizen when she marries you. It is much more complicated than that. You will need to read the Adjustment of status guides here on VJ, or on Immigrate2us.net. Both have tons of information.

What you apply for is the I-130/I-485 after marriage. . .you will need to also apply for employment authorization if she wants to work. She is not eligible to travel outside the U.S. even if granted a travel authorization. . .because of the overstay if she leaves incurs a ban. The I-130 pretty much, almost always is approved, you have to show the proof of relationship at the interview, and that's pretty simple to prove for most couples as well.

As for proof of legal entry, a copy of the visa, copy of I-94 will be enough. . .

[harry_burton32 0]

Do you know what will be asked at the interview ? I'm assuming there going to test us to see if we really are a married couple or if it's just a false marriage for business purposes.

[harry_burton32 0]

Also if she does get her adjustment of status (I'm assuming that she gets a green card if this happens), can she travel outside and if not then how would she be able to ?

Edited March 1, 2009 by harry_burton32

[emt103c 10]

After she has the green card she is allowed to travel, but not until then. There are rules about length of travel though. . . .more than six months is not a good idea and more than a year without advance parole is seen as abandonment of residence.

At the interview they want to see proof that you are a real married couple, pictures, bills/deeds/leases/accounts in your names together. They will also ask questions about how you met, etc. . .they will only do an interview that asks LOTS of questions if they have reason to doubt the marriage. You can read more about that and the interviews in the AOS section.

[harry_burton32 0]

and if AOS is approve she will get the Green Card ? Tourist Visa Status -> Permanent Residence Status ?