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Help ! Girlfriend overstayed wants to stay in US

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  • Guest's Avatar
    Guest replied
    So sorry about Mikey's comment. He is obviously frustrated and is not taking the truth too well.

    Pleae continue to do your good work and help people out. I am sure a lot of people have benefitted from your very relevant and correct comments.


    Paudy

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Hey! I went out of my way to research on your problem, and this is the appreciation I got? What has happened to the people on this board? For your information, the info wasn't "bullshit." Do your own research if you'd like. If you only want to believe what you'd like to believe, and refuse to face the truth, go ahead and take your risk.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I'm sorry that I was the one to bring you the bad news but it is true. I have no gain in telling lies.

    Read the following link carefully.

    http://www.usvisanews.com/memo265.html

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Mikey,

    It is true, an approved travel document does not automatically gurantee her parole in the U.S., if she is out of status by more than 179 days.

    True, it might be approved, but it is up to the INS officer at the POE.

    So be warned this is so BS.

    Good luck!!

    Paudy

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Is this true about a ban if a travel doc (I-131) is approved? I thought that If you get the I-130 approved and your I-485 is pending the travel doc (I-131) is what gets her back in the country due to pending I-485. What kind of bullshit are you throwing here? Why else would you go for a travel doc? If she were "in status" she wouldn't require a travel doc to come back, here B2 is good for 10 years. So how would there be a ban if a travel doc is approved? Why else would there be one needed?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    This website is about marriage on tourist visa. You might find it helpful:

    http://www.kamya.com/intro/tourist.html

    Leave a comment:


  • Guest's Avatar
    Guest replied
    May I note that if your friend is out of status for more than 179 days and she leaves the country she will be subject to a 10 year ban.

    Even if you have a traveldocument.

    I think intecon, as a lawyer, should have pointed this out.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Thanks Intecon. She has the stamp, I've seen it when we went to Vegas in August, she just doesn't have an I-94. Its definitly expired though. She came here in Aug 2000. I originally met her in Feb 2001. As for the length of time for an approval of this nature does it take 2 years like the previous post mentioned? That seems crazy, I am a USC, and can get a number right away, correct? I am willing to use a lawyers services, where are you located? 2 years is a long time, she needs to go home and visit. If an application is pending, can a travel doc be issued, so that she can reenter? And b/c she overstayed, is that a reason to deny a travel doc? I want her to go home to visit, and I will join her, but I don't want her to get banned for 10 years.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    The answer is no. Nothing can be done. You have worn out your welcome in the USA by overstaying and by entering with out inspection. There simply is no relief available.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Mickey, regardless of what some of the jailhouse lawyers have told you in this email stream, your situation is actually the easiest to resolve, so long as your girlfriend made an inspected entry. If she lost her I-94 that is no problem, a replacement I-94 can be applied for. I assume you have physically seen her B-1/B-2 Visa and the red entry stamp INS puts in the passport upon entry. If you have not seen these, you have not done your homework. So long as she made an inspected entry and marries a U.S. citizen she is exempt from the provisions of INA 245(c). I suggest you hire a competent lawyer (no "consultants") and just get your dilema solved. Our office charges $1,250.00 plus INS filing fees, which in your case would be about $545.00. I do not say this in an attempt to generate business, but to give you some perspective on what is a reasonable fee. Good luck . . . well, luck has nothing to do with it, good judgment has everything to do with it, and good judgment includes getting competent legal advice to avoid the type of situation as is expressed by some who applied to this email string above, who have obviously had no "luck".

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Read the link in my previous post.

    An AOS can take up to 2 years. She can also apply for a Traveldocument which take up to 90 days to get approved after filing. But it is not recommended to do this.

    Try to find out how her embassy can help you with peperwork so she might not have to go back.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    From what I've read we can get married and change status to conditional permanent resident (2 years) and then have the condition removed after that. She wants to go and visit her mother, but I told her last night that if she goes she can't come back for 10 years. She wants to stay here and be able to go back to visit at least once or twice a year. How long does this process take to change status ? A month, 3 months, a year? I am asking this b/c she will need a travel waiver to go home and get things in order after we get married.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I don't know how difficult it would be to adjust status within the USA after marriage... however from my own experience, I highly recommend that you get married within the USA and try to stay within the USA. If at any point she leaves the country the situation will become more complicated!

    Good Luck!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    If you decide to get married you can adjust status afterwards. Her overstay will be pardonned.

    There might be horrorstories out there that it is difficult to adjust status after marriage but those are most cases of fraudulent marriage.
    If it is in good faith you have nothing to worry about.

    http://www.ins.usdoj.gov/graphics/howdoi/legpermres.htm

    Check out this link to see what you need to do.

    Good luck.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    She came here on a visitors visa. She thought she could stay as long as her visa was valid. (10 years) WRONG! From what I understand the only way for her to stay (or be able to leave and come back) is for her to marry me and we can apply to get her status changed. I am a USC, so the visa number is no problem. Does this take along time ? If this is the way to go can someone please comment. It would be a good faith marriage, we live together, and are very much in love. I don't want to lose her.

    Leave a comment:

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