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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Visa Overstayed married to USC
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Senior Member
Posted
Asking for friend, needs your help:
Arrived here on Vistor visa overstayed, married to USC.
she had file I-130, and waiting for approval.
According to discussion board what I understand that she should have file I-130,+I-485, pay fine of $1000.00 as well.
Will appreciate your input.
Thank you.
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
Posted Hide Post
Dates are very important when dealing with the Service. When did she filed the I-130? for how long has she overstayed her visa?
 
Posts: 21 | Registered: 09-15-2004Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
Posted Hide Post
NO

All the fees for the regular forms add up to nearly $1,000, but if she entered the US with a visa and is married to a USC, she does not pay the separate $1,000 fine under 245(i).
 
Posts: 380 | Registered: 01-13-2004Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Still Learning
Posted Hide Post
From what I've gleaned from discussions with attorneys, boards, etc. her main concern should be if she married while here on the visitor's visa. They consider fraud in those cases. If she overstayed and then married it probably would appear to be less likely fraud. Overstays seem to be forgiven when marrying a USC. The whole adjustment package should be filed.


http://uscis.gov/graphics/howdoi/LPRApplication.htm

http://www.shusterman.com/marriage.html
 
Posts: 1945 | Registered: 07-23-2003Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Posted Hide Post
FOR: MAY G: She overstayed her visa for about 2 and half years.
Thank you, May G, Old Man, and Still Learning.
for your help. thanks again
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
Posted Hide Post
Old Man is right.
You do not need to pay the $1,000 penalty fee. You entered the US with a visa.
Please keep the I-94 card. It is very important.
Why did your friend apply only for the I-130? The friend could have filed the entire package in their District Office (I-130, I-485, I-765, I-864, I-864A, G-325, pictures, supporting documents).
Anyways, as soon as you get the approval submit the rest of the package to the District Office, along with a copy of the I-130 approval.
Always keep original, unless otherwise requested.
 
Posts: 21 | Registered: 09-15-2004Reply With QuoteEdit or Delete MessageReport This Post
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