Adjusting status

[cdrobin66]

Ok Guys

I have a friend how came to America to marry-I129F. She decided not to marry because of abuse. On the bad advise of her sister, she did not go back. now 5 years later, she is married has a beautiful child. She has authorization to work, she has a SOC and lives a normal life. Now her Husband filed paperworks to adjust her status. But INS told her she is here on the wrong visa and needs to go back get a visa from the embassy and come back. My question is, how long will this take and is there any chance they will deny her. INS says they are sending her paper work electronically, and it should not be a problem. she is not in bad standing. From what she told me, she paid a fine to INS and she does have a letter that states they approved her petion, but she needs to go home. Can anyone give me some insight on this..She had her meeting with INS on 2/22/2006 and she is on her way out this week.

 

 

 

Carl

[Trigg]

I am very confused. She overstayed a visa-correct?? How did she get work authorization?? Why is she not in bad status?? Usually and overstay of that length is a minimum of a 10 year ban.

[cdrobin66]

I am very confused. She overstayed a visa-correct?? How did she get work authorization??  Why is she not in bad status??  Usually and overstay of that length is a minimum of a 10 year ban.

199437[/snapback]

That is what I thought, But last year, she went to the INS and they gave her a work permit, and a temp green card, she paid a fine of about $1000 and her I797 was approved, but when she went to the 2/22 meeting to adjust her status, the officer notice that she came in on a k1 and and told her she needed to go back and get the proper visa, DHS approved her but she needed to go back.

 

Carl

[cdrobin66]

I am very confused. She overstayed a visa-correct?? How did she get work authorization??  Why is she not in bad status??  Usually and overstay of that length is a minimum of a 10 year ban.

199437[/snapback]

That is what I thought, But last year, she went to the INS and they gave her a work permit, and a temp green card, she paid a fine of about $1000 and her I797 was approved, but when she went to the 2/22 meeting to adjust her status, the officer notice that she came in on a k1 and and told her she needed to go back and get the proper visa, DHS approved her but she needed to go back.

 

Carl

199444[/snapback]

The sad thing is she is terrified that she may not be able to come back and she has a family now, husband and 2 year old boy.

 

Carl

[Mick]

I am not sure of all the legalities involved here. However, the fact that they are sending her back does not bode well. Chances are, if she is married, she will have to go through the entire visa process for a marriage based visa. That could take awhile and there is no guarantee of approval.

 

In a case like this, a lawyer might not be a bad idea. Also, is there any way her family can join her in China while she waits this out?

[frank1538]

I am very confused. She overstayed a visa-correct?? How did she get work authorization???Why is she not in bad status???Usually and overstay of that length is a minimum of a 10 year ban.

199437[/snapback]

That is what I thought, But last year, she went to the INS and they gave her a work permit, and a temp green card, she paid a fine of about $1000 and her I797 was approved, but when she went to the 2/22 meeting to adjust her status, the officer notice that she came in on a k1 and and told her she needed to go back and get the proper visa, DHS approved her but she needed to go back.

 

Carl

199444[/snapback]

Now I am confused. Let me ask a few questions. Is her husband a US citizen? Did the husband file an I-130 as part of the adjustment of status process?

 

You say the wife got a temporary green card but then went to a 2/22 meeting to adjust her status. Are you referring to lifting the conditions on her temporary green card or something else?

 

You mention a $1,000 fine. Was this in conjunction with the I-485, Supplement A or something else?

 

You say DHS approved her but she needed to go back. What did DHS approve?

 

PS I'm going to move this thread to the Immigration Challenges Forum.

[cdrobin66]

DON'T LEAVE THE US!!!!!!!!!!!

199452[/snapback]

yes her husband is a citizen and her child is too. EVey laywer she spoke to told her to go, she is in good standing with the INS, that is what she has been told. As far as paper work, I am not sure what she has filed.

 

The INS officer told her to good news and bad news, your application has been approved, but you need to go back to get the correct visa, she is here on a K1 but did not marry that person, so she has to go back for the correct visa.

 

Carl

[frank1538]

I'm pretty dense today (and just about every day for that matter), but I can't tell from your post what her status is in the US. Is she a legal permanent resident (green card)? Or, is USCIS telling her that she needs to return to her home country to process the I-130 before they will adjust her status to legal permanent resident? If so, heed Don's words and take a look at http://candleforlove.com/forums/index.php?...topic=10984&hl= and http://candleforlove.com/forums/index.php?...topic=11692&hl= to see what is likely to happen if she leaves the US to process an I-130.

[m-coon]

I just don't see how she could possibly be in "good standing" with the INS! She clearly over-stayed her visa - thus is here illegally. It all sounds very strange to me. I can't help but think if she leaves the country - they will discover what has really happened here - and will most likely ban her at least for 5 to 10 years from re-entry under any other visa.

[m-coon]

I am very anxious to see how this develops as my wife has 2 friends here in the USA that both did the exact thing - over-stayed their visa. Now they want to become legal residents. I told my wife that it just can't happen. Once they are deemed illegal - it makes obtaining another legal visa damn near impossible. So I really want to see this question answered by somebody. Hope somebody has some experiences to share.

 

Scott

[pkfops]

I have to say don't leave.

 

If they want you out, let

them come and arrest you.

[rlheim]

I don't know how this actually transpired but, I know a filipina that did the same thing. My x-wife had a friend that did it. I know it cost her a little over $10,000.00, it took a couple of years, and she did not leave US to have this done. But she stayed in hiding.

Rick and Yanlan

[cdrobin66]

I am very anxious to see how this develops as my wife has 2 friends here in the USA that both did the exact thing - over-stayed their visa. Now they want to become legal residents. I told my wife that it just can't happen. Once they are deemed illegal - it makes obtaining another legal visa damn near impossible. So I really want to see this question answered by somebody. Hope somebody has some experiences to share.

 

Scott

199601[/snapback]

Depends on the visa they overstayed on.

199685[/snapback]

Hello

She over stayed a K1 visa, came here, guy she was to marry began to isolate her from her family and was abusive. She did not marry him. She did not go home and met a Wonderful man and had a child 2 years later. I feel bad because this is causing a great strain on there marriage and family. Every one is telling her to go home, She already has her GUZ number and they told her that whe will recieve a letter in the mail in 3 to 4 weeks. I hate to see her go back and get stuck there. She has a great job, her mother and father are here, and she has a 2 year old child. I am curious to see how this plays out too.

 

Carl

[LeeFisher3]

This sounds like a Catch 22 situation.

 

She arrived on a K-1

Did not marry the petitioner.

Married another USC who was not the original petitioner.

 

Her K-1 is clearly invalid because she didn't meet the conditions of the original visa by marrying the original petitioner, but the mention of abuse may be significant. It just depends on how things were handled and are viewed by the USCIS.

 

Now when she goes to GZ, will she be denied and be required to file for an exception for overstaying her previous visa in spite of the IO and legal advice?

 

Now the IO has stated she needs to return to get the proper visa and that there should be no problem. But how credible is this? Does she have special dispensation related to paying the fine when getting her work permit? Will GZ honor this?

 

As this situation appears to be full of land mines, they may want to have the involvement of their state Representative to get a clarification in advance of returning to China, but things need to get move quickly either way so the the USCIS does not decide to move things into a deportation hearing.

 

With the number of people who have been deported in a similar situation, having an AOS interview without talk of deportation looks promising, but it could be a ploy to get her out of the country and allow the process to punish her without the press involvement.

[cdrobin66]

This sounds like a Catch 22 situation.

 

She arrived on a K-1

Did not marry the petitioner.

Married another USC who was not the original petitioner.

 

Her K-1 is clearly invalid because she didn't meet the conditions of the original visa by marrying the original petitioner, but the mention of abuse may be significant. It just depends on how things were handled and are viewed by the USCIS.

 

Now when she goes to GZ, will she be denied and be required to file for an exception for overstaying her previous visa in spite of the IO and legal advice?

 

Now the IO has stated she needs to return to get the proper visa and that there should be no problem. But how credible is this? Does she have special dispensation related to paying the fine when getting her work permit? Will GZ honor this?

 

As this situation appears to be full of land mines, they may want to have the involvement of their state Representative to get a clarification in advance of returning to China, but things need to get move quickly either way so the the USCIS does not decide to move things into a deportation hearing.

 

With the number of people who have been deported in a similar situation, having an AOS interview without talk of deportation looks promising, but it could be a ploy to get her out of the country and allow the process to punish her without the press involvement.

200003[/snapback]

I was thinking the same thing. In the meeting with IO, there was no mention of Deportation. The IO seem like he was on the up and up. But would they really bar her from coming back and she is a mother of a 2 year old. That would seem very cruel. In the meeting the IO said they would forward her file to Guz electronically and now she has recived her Guz case file. They also informed her that they will send all information and letters to her local address so I guess she will follow there instructions and see what happens.

The husband did say, " worse case, he will move if his wife can not come back. He is a professor at a local Univeristy...here so it should not be hard for him to find work there.

 

carl