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Author Topic: Overstaying a visa  (Read 1554 times)
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Melucher3
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« Reply #15 on: May 26, 2008, 12:40:01 pm »

Nimuri.. I know it's not the same situation as you and your husband but shows that denials are not the end of the road.  My friend who actually introduced me to my wife came to PR illegally on a boat.  She got married to a friend of her sister for her GC and then got divorced before the two year requirement for various issues.  She won't tell me why but I believe he wanted to marry someone else for love.  So she was facing deportation and was unable to work.  She got an attorney and filed an extension of her proceedings to give her time to pursue other options.  She was able to extend it almost 10 years with various motions. About 4 years ago she started to date a USC who was a Dominican who got naturalized and they ended up getting married and having a child 2 years ago.  She refiled now and was given legal status based on her status change and is supposed to get her GC in a few weeks or so.  We were good friends before she initially told me all the drama in her past.   But nimuri keep you head up because it will work out in the end like it did with my friend.   yeah
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Estoy incompleto sin mi princesa.

09/17/2004 Met in San Pedro on blinddate
10/23/2004 Suprise trip for her b-day and became official!!
05/??/2005 Proposed at Malecon in San Pedro
09/15/2005 Got married in San Pedro
07/03/2006 Finally mailed in all the CR-1 paperwork
07/05/2006 NOA 1
07/25/2006 NOA 2 approval notice
01/26/2007 26,xxx on waiting list
october/07  16,xxx on waiting list
June30 2008 Open Cita!  Approved!
July 8th 2008 Wife's first steps on US Soil! 
*********************************
Thanks to a certain head of the IV deptarment at the US Embassy in Santo Domingo I can be with my wife after 732 days.
nimuri
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« Reply #16 on: May 26, 2008, 12:51:43 pm »

Thanks a lot Mel. Your words lighten me a little!!!  Thanks and I hope you get news about your case soon too!!!
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Nilda

05-05 Started Process
11-05 K3 in Waiting List
07-07 Interview, AR waiting decision on the I-601.
05-14-08 Waiver Approved, OUT OF AR!
05-27-08 Received Letter notifying that Waiver was approved!!!!
06-11-08 Took Medical Exam to the embassy with the passport and $16 for Domex.
06-26-08 My husband arrived!!!!! 

***3 YEARS IN THE PROCESS FOR THE K3***

KNOW THE ADJUSTMENT!!!

07/08 Petition for I-765
07/08 Approved I-765
08/08 Received I-765 Card
*********************************
03/17/09 Petition for I-485
04/16/09 Biometrics
07/21/09 AOS Interview-APPROVED!


Teniendo altas y bajas pero el amor y la comunicación todo lo puede!!!
nimuri
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« Reply #17 on: May 26, 2008, 01:00:59 pm »

Hey Scott, here you can find a lot of infor of alliens unlawfully present, apprehension and detention of aliens, form of proceedings and more. These theme is very extense, here is the link:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=de345ed0d6403b0313399258421d4b64
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Nilda

05-05 Started Process
11-05 K3 in Waiting List
07-07 Interview, AR waiting decision on the I-601.
05-14-08 Waiver Approved, OUT OF AR!
05-27-08 Received Letter notifying that Waiver was approved!!!!
06-11-08 Took Medical Exam to the embassy with the passport and $16 for Domex.
06-26-08 My husband arrived!!!!! 

***3 YEARS IN THE PROCESS FOR THE K3***

KNOW THE ADJUSTMENT!!!

07/08 Petition for I-765
07/08 Approved I-765
08/08 Received I-765 Card
*********************************
03/17/09 Petition for I-485
04/16/09 Biometrics
07/21/09 AOS Interview-APPROVED!


Teniendo altas y bajas pero el amor y la comunicación todo lo puede!!!
luca
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« Reply #18 on: May 26, 2008, 03:20:08 pm »

Nimuri

Were you married when immigration caught him? Why didn't you file a petition for him while he was still in PR and before he was caught?


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03/27/08 I-130 approved
03/29/08 Received @ NVC
04/07/08 DS- 3032 and AOS fee generated
04/16/08 Paid AOS fee online
04/18/08 Payment cleared
04/19/08 DS-3032 accepted
04/25/08  I-864 sent
04/23/08  IV paid online
04/24/08  Payment cleared
04/25/08  DS-230 sent
05/06/08  Case Completed
08/07/08  Cita APPROVED!!
08/15/08  POE Atlanta
08/25/08  SS card recieved
08/28/08  Card production ordered
09/02/08  Welcome letter received
09/06/08  GC arrived!!!
Frank the Tank
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« Reply #19 on: May 26, 2008, 03:29:56 pm »

What would happen if you met someone who overstayed a student or work visa and was still here in the US and the two of you were to get married here in the US. Then what??
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07/15/2009 - Met the most incredible and beautiful woman in the world.

12/06/2009 - Engaged to la mujer de mis suenos.

07/30/2010 - Fiancee's cita date for IR-1 visa. Only took 8 years.

08/??/2010 - Together in the U.S.A.  No more distance between us.

11/06/2010 - Our wedding day.



"Frank is a cool guy."  SomeGuy4186

read my blog - www.randomthoughtsonnothingimportant.blogspot.com
nimuri
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« Reply #20 on: May 26, 2008, 03:46:20 pm »

Nimuri

Were you married when immigration caught him? Why didn't you file a petition for him while he was still in PR and before he was caught?



Well that was our error since the begining, we were living together but not married. And before they caught him I told him numerous times to get an appointment with a lawyer to see what we should do for all the papers since he work until 3 p.m. at that time. But when he did it the appointment was for to late.

And as I said before I didn't knew anything about the process until he was caught that I started reading about it.
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Nilda

05-05 Started Process
11-05 K3 in Waiting List
07-07 Interview, AR waiting decision on the I-601.
05-14-08 Waiver Approved, OUT OF AR!
05-27-08 Received Letter notifying that Waiver was approved!!!!
06-11-08 Took Medical Exam to the embassy with the passport and $16 for Domex.
06-26-08 My husband arrived!!!!! 

***3 YEARS IN THE PROCESS FOR THE K3***

KNOW THE ADJUSTMENT!!!

07/08 Petition for I-765
07/08 Approved I-765
08/08 Received I-765 Card
*********************************
03/17/09 Petition for I-485
04/16/09 Biometrics
07/21/09 AOS Interview-APPROVED!


Teniendo altas y bajas pero el amor y la comunicación todo lo puede!!!
luca
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« Reply #21 on: May 26, 2008, 04:00:26 pm »

Sorry nimuri

But don't worry I'm sure everything is going to work out for you
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03/27/08 I-130 approved
03/29/08 Received @ NVC
04/07/08 DS- 3032 and AOS fee generated
04/16/08 Paid AOS fee online
04/18/08 Payment cleared
04/19/08 DS-3032 accepted
04/25/08  I-864 sent
04/23/08  IV paid online
04/24/08  Payment cleared
04/25/08  DS-230 sent
05/06/08  Case Completed
08/07/08  Cita APPROVED!!
08/15/08  POE Atlanta
08/25/08  SS card recieved
08/28/08  Card production ordered
09/02/08  Welcome letter received
09/06/08  GC arrived!!!
nimuri
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« Reply #22 on: May 26, 2008, 04:14:08 pm »

Sorry nimuri

But don't worry I'm sure everything is going to work out for you
Thanks luca, I really hope so!
Logged

Nilda

05-05 Started Process
11-05 K3 in Waiting List
07-07 Interview, AR waiting decision on the I-601.
05-14-08 Waiver Approved, OUT OF AR!
05-27-08 Received Letter notifying that Waiver was approved!!!!
06-11-08 Took Medical Exam to the embassy with the passport and $16 for Domex.
06-26-08 My husband arrived!!!!! 

***3 YEARS IN THE PROCESS FOR THE K3***

KNOW THE ADJUSTMENT!!!

07/08 Petition for I-765
07/08 Approved I-765
08/08 Received I-765 Card
*********************************
03/17/09 Petition for I-485
04/16/09 Biometrics
07/21/09 AOS Interview-APPROVED!


Teniendo altas y bajas pero el amor y la comunicación todo lo puede!!!
nimuri
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« Reply #23 on: May 26, 2008, 04:19:30 pm »

What would happen if you met someone who overstayed a student or work visa and was still here in the US and the two of you were to get married here in the US. Then what??
I don't think if anyone else have any idea of the process after that Frank, but if it was me before getting married I would look for a good immigration lawyer with experience in this kind of situation! That woul've be me.
Logged

Nilda

05-05 Started Process
11-05 K3 in Waiting List
07-07 Interview, AR waiting decision on the I-601.
05-14-08 Waiver Approved, OUT OF AR!
05-27-08 Received Letter notifying that Waiver was approved!!!!
06-11-08 Took Medical Exam to the embassy with the passport and $16 for Domex.
06-26-08 My husband arrived!!!!! 

***3 YEARS IN THE PROCESS FOR THE K3***

KNOW THE ADJUSTMENT!!!

07/08 Petition for I-765
07/08 Approved I-765
08/08 Received I-765 Card
*********************************
03/17/09 Petition for I-485
04/16/09 Biometrics
07/21/09 AOS Interview-APPROVED!


Teniendo altas y bajas pero el amor y la comunicación todo lo puede!!!
ScottC
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sancocho
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« Reply #24 on: May 26, 2008, 05:12:50 pm »

The answer to the question Frank, is that they only need to file an I-130 and I-485 once that is approved
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Began application process 2004 (I-130/I-129F)
GREEN CARDS RECEIVED NOV. 21, 2008

FAILURE IS NOT AN OPTION
www.nationalhydrogenfoundation.org
ScottC
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sancocho
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« Reply #25 on: May 26, 2008, 05:14:12 pm »

This is the best source for information on this issue

http://www.usdoj.gov/eoir/
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Began application process 2004 (I-130/I-129F)
GREEN CARDS RECEIVED NOV. 21, 2008

FAILURE IS NOT AN OPTION
www.nationalhydrogenfoundation.org
Frank the Tank
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« Reply #26 on: May 26, 2008, 05:20:56 pm »

Thanks Scott. I was just curious. While reading this thread that scenario popped into my head and I didn't recall that having been discussed before.
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07/15/2009 - Met the most incredible and beautiful woman in the world.

12/06/2009 - Engaged to la mujer de mis suenos.

07/30/2010 - Fiancee's cita date for IR-1 visa. Only took 8 years.

08/??/2010 - Together in the U.S.A.  No more distance between us.

11/06/2010 - Our wedding day.



"Frank is a cool guy."  SomeGuy4186

read my blog - www.randomthoughtsonnothingimportant.blogspot.com
ScottC
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sancocho
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« Reply #27 on: May 26, 2008, 06:56:06 pm »

We are kind of breaking new ground here, we have always discussed the "normal" method for applying for a visa, but it seems there are many out there that are now asking these questions and need to know the legal methods of acquiring legal status
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Began application process 2004 (I-130/I-129F)
GREEN CARDS RECEIVED NOV. 21, 2008

FAILURE IS NOT AN OPTION
www.nationalhydrogenfoundation.org
jprincez
Brugal
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« Reply #28 on: June 01, 2008, 01:54:03 pm »

wave hello everyone....I have a comment on this topic.....I have a bf of 2 years in Moca.....and we have decided to go that route

He is going to apply for a visitors visa (I will pray that he gets it), and then as soon as he gets here we will get married and I will file the petition for his residency.....but we are not going to wait for his visa to expire....things get more difficult if he overstays and there is no petition.

And then we can wait for his residency together... drunk
Logged

MY TIMELINE
**********************
07/24/06   Met
08/01/09   MARRIED

USCIS
**********************
10/22/09   Mailed I-130 for husband
10/23/09   Received signed Return Receipt by Email
10/29/09   Received signed Return Receipt by mail
11/02/09   NOA1 (Husband)
11/03/09   Touched (change of address)
12/17/09   Mailed I-130 for stepson
12/18/09   Received signed Return Receipt by Email
12/24/09   Received signed Return Receipt by Mail
12/31/09   NOA1 (Stepson)
02/25/10   NOA2 Text & Email (Husband)
03/02/10   NOA2 Hardcopy (Husband)
03/03/10   NOA2 Text & Email (Stepson)
03/09/10   NOA2 Hardcopy (Stepson)

NVC
**********************
03/05/10   SDO# received (Husband)
03/08/10   Provided email & emailed COA (Husband)
03/09/10   SDO# received (Stepson)
03/09/10   COA & AOS generated (Husband)
03/10/10   Provided email & emailed COA (Stepson)
03/10/10   Paid AOS Fee Bill
03/11/10   COA generated (Stepson)
03/12/10   AOS Fee Bill marked Paid
03/13/10   Mailed AOS (Husband & Stepson)
03/15/10   AOS received by NVC
03/17/10   AOS entered into system
03/24/10   6th trip
03/24/10   COAs accepted & IV Fee Bills generated
04/18/10   Paid IV Fee Bills
04/20/10   IV Fees marked Paid
04/21/10   Mailed DS-230 (Husband & Stepson)
04/22/10   DS-230 received by NVC
04/28/10   AVS states documents received 4/27/10
05/06/10   ***CASE COMPLETE***
05/24/10   Found out about cita
07/21/10   ***CITA*** (CR-1 & CR-2)
Flisa125
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« Reply #29 on: June 01, 2008, 02:20:21 pm »

Do you know how hard it is to obtain a tourist is Huh?
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"Days are scrolls: write on them only what you want remembered!"
- Bchya Ibn Pakuda
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Last 10 Shouts:
July 30, 2010, 02:37:17 pm
Opt, u're the one that has to cook?
July 30, 2010, 01:37:57 pm
I'm tired of cooking the same thing, we gonna do an all you can eat today somewhere Smiley
July 30, 2010, 01:37:56 pm
I'm tired of cooking the same thing, we gonna do an all you can eat today somewhere Smiley
July 30, 2010, 09:42:00 am
OPTI, can't you cook ? Make a special meal for them.
July 30, 2010, 09:22:36 am
Good morning, TGFI here I'm thinking where should I take my family to eat dinner today
July 30, 2010, 07:21:37 am
good morning everyone. TGIF
July 29, 2010, 06:28:12 pm
She's golden, Frank!  You will be together soon!
July 29, 2010, 01:24:30 pm
Thanks. She only had to wait 8 years and 2 months for the cita. Her brother had his a few weeks back and had the visa in his hands 4 days later
July 29, 2010, 01:23:05 pm
Best of luck to her
July 29, 2010, 01:19:29 pm
good luck to her frank!!
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