A friend of mine is trying to marry his long time girlfriend who is on a expired visa so that she can become legal and able to work and travel. He already has all the paper work and money for the application but the issue is that even though she overstayed her visa she send her visa back to her country and it was stamped as if she returned back to her country before her visa expired but in reality she never left the states. She has proof to show that she never left the states throughout the years she overstayed. Could there be a possibility that her application to adjust status can be denied ?
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Overstayed visa and AOS
- Thread starter quills1
- Start date
namecheckvictim
Registered Users (C)
Showing the Passport with forged entry stamp will seriously jeopardize her AOS application as the CBP will not have the information about her departure from US.
All she needs is her old I-94 to prove she has a legal entry into US.
She don't have to show the forged passport to avoid raising suspicion about her relationship.
All she needs is her old I-94 to prove she has a legal entry into US.
She don't have to show the forged passport to avoid raising suspicion about her relationship.
Jackolantern
Registered Users (C)
Showing the Passport with forged entry stamp will seriously jeopardize her AOS application as the CBP will not have the information about her departure from US.
It's not clear what really happened. If the passport and/or I-94 was sent somewhere like the US consulate to communicate to the US govt. that she had left the US, that means the US govt. now thinks she was outside the US at that time, and will expect her to provide a newer I-94 or other evidence of another entry after the apparent departure date. So her old I-94 would not be useful for that purpose.
Basically it looks like she committed some kind of immigration fraud to pretend that she left the US without overstaying, and now she'll pay the price by having her green card process complicated or rejected.
Her passport has a lot of stamps its confusing, the most recent stamp is of entry to the US but not departure from the US BUT there is a stamp on her passport that shows she arrive in her country but its weird cause there's no stamp that she left the US only entry back to her country. And her I-94 only has a stamp of entry not departure.
Jackolantern
Registered Users (C)
Who stamped her passport to show she arrived in her country? Her own country's officials, or the US consulate in her country?
Does she still have the old I-94 that she used to enter the US? Her problem is that if the US has a record in their system that she already left, they'll expect new evidence of entering the US after that departure.
Does she still have the old I-94 that she used to enter the US? Her problem is that if the US has a record in their system that she already left, they'll expect new evidence of entering the US after that departure.