leeann92571

Hi, I am completely new at all of this info, but I am trying to help a new friend. She is british and has been here since approximately April of 07. She has been here before on visits but recently came back in early 07 planning to stay here becuase she had met a man and began a relationship. Before her stay expired, she married him. They are still married, living together and it appears very legitimate as they are still very frisky in their first year of marriage!
Anyways, she originally had a lawyer helping her, but he turned out to not have filed some proper paperwork for her. Now, as of the end of February, she is 180 days over her overstay period.
She came into the states, claimed the money she brought in, she then purchased a home and a car outright. She is paying car insurance, but it is possible it is in her husbands name. But I do know she does not have a US license yet because she is afraid becuase of her overstay period so long expired.
She is kinda in limbo, she is not sure what to do and has had people tell her to put her house on the market and get her husband as her legal power of attorney to sell any items for her in case she is deported immediately.
Question is...what are her options? And will they come in the middle of the night and grab her and deport her immediately?
Any insight will help tremendously as the lawyer she had previously was a joke and even showed up drunk to one of their consults. I feel it would be best for her to gain some knowledge so she can better understand her options as she is trying to get another lawyer.
Your help is greatly appreciated!

Noorah101

To my knowledge, once she files for her adjustment of status to permanent resident (AOS), her overstay will be forgiven because she is married to a USC. They should file the AOS package ASAP.

Her intent when she came into the USA might come into question at the interview. You probably didn't do her any favors by posting here in public that she intended to come and stay here. It's illegal to do that. Many people get away with it and it's never a problem, but if it is questioned, she runs the risk of getting sent home with a ban from returning. She would then have to file for a spouse immigrant visa and a waiver from the ban.

Rene

ian-mstm

First, she should not bother selling anything or signing over stuff to her husband... it simply is *not* necessary. Second, she is not likely to be deported anytime soon. In fact, her situation is not all that unusual.

So... where to start. She should file for adjustment of status (AOS) immediately using form I-485. Her husband, as her sponsor, will need to file I-864. If she wants to work, she should file I-765. Once she receives notice (via a receipt) that her I-485 package has been accepted, she is back *in* status and okay! She should *not* file I-131 (permission to travel), because she must *not* leave the US under any circumstances whatsoever, until she has a green card (GC) in her hand or an I-551 stamp in her passport. Let me repeat... under *no* circumstances whatsoever, should she leave. She will face an immediate and irrevocable 3-year ban from the US if she leaves... and being married to a US citizen will *not* help her at all.

Ian

leeann92571

thanks for the replies so far, they are great. Sorry if I mispoke of her intent to stay, it was her intent to stay becuase she met her husband, not to illegally stay in the US forever.
Thanks for the good info, I had felt if her husband sponsored her in some way or filed some kind of spouse paperwork, but again I have no clue on these situations and I appreciate all the response. Thanks again!

leeann92571

I guess I do have another question....can she and her husband file the paperwork or is a lawyer necessary? Is there any reason needed for the lawyer or is it required? Thanks!

fatbrit

Any arrests -- ever and anywhere?

Any previous overstays?

Any other visa misuse?

Any tb/aids/HIV+/mental illness/substance abuse?

Any lying at the port of entry?

If she's all no, she can do it without. Would suggest she reads up and uses a forum such as this to ask questions and get confirmations to make sure she doesn't miss anything vital out.

ian-mstm

Just to clarify, USCIS cares only that she entered the US knowing in advance that she was going to stay. The motivation is irrelevant.


A lawyer is not required. That said, however, a lawyer may be a good idea in this case.

Let me also suggest that your friend get on here and ask her questions directly. We all appreciate that you want to help her, but she's the one who needs the answers. There may be circumstances beyond what she's told you that could make her situation a hundred times worse if overlooked.

Ian

Noorah101

Unfortunately, it doesn't matter WHY she intended to stay. The fact that she intended to stay at all is against the law when entering using a VWP or visitor's visa. But, as I said, many people do this and it never comes back to haunt them. On the other hand, there are some folks who do see repurcussions of it down the road. She just has to take her chances.

Rene

Tracym

However, I would suggest that your friend NOT come here and post something saying she intended to stay.

I don't know for sure whether she intended to stay on that trip when she arrived, or stay some other legal way, or what - and I do NOT want to know.

Entering on the VWP with the intent to marry and stay is illegal. If that were the case, she should not post such a thing on an internet forum.

If there is any question of how she entered, what she said at the POE, etc. I would strongly suggest she consult an experienced immigration attorney.

Rete

It is the intent to enter the US without the proper visa to marry and remain to file adjustment of status which ~might~ be an issue with adjustment at the time of the interview.

You don't say what paperwork the attorney did not file. Do you know what was file or what wasn't filed? What part of the process is she up to? Has she an employment authorization document? social security card? has she had the security biometrics?

Ideally the attorney would have filed the following for her and her husband:

From the USC Husband
I-130 Immediate Relative
I-864 Affidavit of Support from the USC Husband
G-325A Bio form
From the Wife the following
I-485 - Adjustment of status
I-765 - Employment Authorization
USCIS Medical
G-325A (2) one for the I-130 and one for the I-485

Folinskyinla

Hi:

That is entirely up to you. There are types of cases where I WILL say "you are an idiot" if you don't hire a lawyer. But ultimately, the choice is yours and no one else's.

penguinsix

Marriage to a USC is sort of the 'magic bullet' than can erase the problems of an overstay if you are in the US. HOWEVER--I don't think marriage will erase the travel ban if you are out of the country. She should not leave the country at all until she talks to a lawyer. Mom's sick--tough, dog died--tough.

The overstay travel ban is a bear.

Bob

AOS asap...don't bother with AP as you won't be able to use it...and yeah, speak to a lawyer to get a better understanding of the situation...

meauxna

Due to the number of red flag issues you mention in the first post, this couple would be wiser to at minimum consult with an immigration lawyer before filing anything.
Marriage to a USC forgives a lot of problems, but not everything.