Announcement

Collapse
No announcement yet.

Visitor Overstay vs. Adjustment of Status

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Visitor Overstay vs. Adjustment of Status

    My wife overstayed on her visitor's B2 visa but we married almost 2 years after it expired and she got her status adjusted to a conditional card.

    If my wife did not marry, What is the penalty for not leaving the United States by the deadline date? Would she had been able to leave and enter again?

  • #2
    My wife overstayed on her visitor's B2 visa but we married almost 2 years after it expired and she got her status adjusted to a conditional card.

    If my wife did not marry, What is the penalty for not leaving the United States by the deadline date? Would she had been able to leave and enter again?

    Comment


    • #3
      To Davdah
      I was trying to locate where the rules say that; Would you be able to point out if this is in the CFR? or where to reference this?

      Comment


      • #4
        Ed:

        Do you want to tell your wife that by marrying her, you did a great favor to her?

        Comment


        • #5
          To Tak
          No, She took me for a ride until she got her conditional card, then packed up and left! I am trying to understand how all this works. So far, it looks like she needed to marry to avoid being deported .. guess I was her "stepping stone"

          Comment


          • #6
            You should immediately report this to USCIS. She is commiting fraud. She used you to get status. Report her before she removes her conditional status.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Ed1225:
              To Tak
              No, She took me for a ride until she got her conditional card, then packed up and left! I am trying to understand how all this works. So far, it looks like she needed to marry to avoid being deported .. guess I was her "stepping stone" </div></BLOCKQUOTE>

              Save Your life Info!!!

              Stay away from Her and her family at all cost!!! She becomes Nice, caring, Sad you are Distant???
              STAY AWAY!!! Gaining status In USA for Some immigrants of afar Is Ultimate!!! 2 choices their mind = Death or succeed!!! You are ZERO!!!! stick around,contribute on ILW, read!!!
              Most Importantly!!! they Do not play fair and Will take Your Life Easy!!! Stay away from them!!! her!!! imagine self running out of oxygen? Cannot breath, Fighting To live! you are ZERO To her/Them!!! forgewt the sad, Lifelong love, B.S. Their Tool!!!! Reality, does not matter How you look, Or how big your di **!!! They do not care!!! become citizen of USA at all cost!!! a 200 year old family thing.
              write Down everything!!!! Pictures, video, Etc. If She becomes nice and Wants To Fix? Be Very affraid!!! they will get you!!!
              USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

              Comment


              • #8
                You should refer to INA, CFR and 7 & 9 Fam(Foreign Affairs Manuals) to find out what you can do to stop her getting back in to the country....Which is unlikely to do so...
                At the same time she alone can not remove the condition of her I-551.. by her self...

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by FSN:
                  You should refer to INA, CFR and 7 & 9 Fam(Foreign Affairs Manuals) to find out what you can do to stop her getting back in to the country....Which is unlikely to do so...
                  At the same time she alone can not remove the condition of her I-551.. by her self... </div></BLOCKQUOTE>

                  Yes she Can!!! with your Help!!! STAY AWAY FROM HER AND ANYONE CONNECTED TO HER!!!! Family, Friends, they gonna get You!!! I know, Hard to believe. Save Your A **!!! listen!!!! fight Your fight!!! And keep your distance!!! you want To Talk, Share, Vent badly!!! refrain!!!!
                  USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                  Comment


                  • #10
                    Ignore FSN, you don't need any citations to report fraud to UCIS. There is nothing you can do about this other than report it to USCIS.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by FSN:
                      You should refer to INA, CFR and 7 & 9 Fam(Foreign Affairs Manuals) to find out what you can do to stop her getting back in to the country....Which is unlikely to do so...
                      At the same time she alone can not remove the condition of her I-551.. by her self... </div></BLOCKQUOTE>

                      In addition to what everyone else said, the OP might want to educate himself on VAWA.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If she left a very short time after getting her conditional GC there will be a presumption of fraud on her part in the eyes of USCIS. In one year and nine months from the date of issue of the conditional GC she will need to file for removal of conditions. In a marital based GC that would include you signing the petition and attending the interview.



                        It is possible for her to file on her own but it would require she 'prove' she entered into the marriage in good faith.



                        <span class="ev_code_RED">She would need to file using extreme abuse/cruelty to do this. Otherwise waiver using Good faith would have to have a final divorce decree in hand to file alone.</span>


                        To do so would require she present things like wedding pictures, letter between the two of you prior to marriage, joint checking account documents, joint lease, joint utilities, things like that. With the point being to prove she had every intention of making this work.

                        <span class="ev_code_RED">This is misinformation. Davdah. These items were reviewed and in fact are on file from the 1st interview that granted the conditional greencard. they are not relevant to seeking the 10 yrs card. The conditional period starts from the 1st interview. Only evidence SINCE the interview will be considered. Alien left shortly after the interview upon receiving greencard. A "cry fraud" letter from the OP with her lack of evidence will create a rocky road for her to remove conditions.



                        VAWA is not really relative to this situation as she has already obtained the conditional greencard. He does need to be concerned about being accused of abuse/cruelty etc for when she needs to remove the conditions.


                        </span>


                        </div></BLOCKQUOTE>

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">VAWA is not really relative to this situation as she has already obtained the conditional greencard. He does need to be concerned about being accused of abuse/cruelty etc for when she needs to remove the conditions. </div></BLOCKQUOTE>

                          Oh, I thought sometimes false VAWA claims were made in order to get the conditions removed and not have to go through the waiver process after the divorce. Guess I was wrong. Still learning. Sorry!

                          Comment



                          Working...
                          X