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TG in U.S. with Expired Tourist Visa

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I met a TG in the U.S. she was here on a tourist visa working for her uncle in a Thai restaurant. I convinced her that working 12 hr days, 6 days was a bit excessive not to mention it severly cut into the time I wanted to spend with her...anyways, to make a long story short, I convinced her to leave the restaurant and move in with me..after which she told me her visa had expired in December. Im just getting out of a divorce so I am in no hurry to rush down the isle again but maybe in the future. I guess I am just curious what I need to do to keep her around for awhile as I've been told if shes found...she will be snet back to Thailand and good luck getting her back in the states! She seems fairly content just hanging out, taking care of the household stuff but I feel somewhat limited in what we can do as Im nervous to even go on vacation with her (domestic travel) at least flying anywhere. Has anyone else dealt with this? Is it better I just keep things low key with her until I decide to take it to the next level or will it be worst if I wait instead of trying to address this now and get her an extension?? I"ve been told that even if we get married here in the U.S. once I attempt to get her legal status she will still have to go back to Thailand before I can have her here legally. Any insight would be great!! Thanks!

sometimes you're the windsheild....sometimes you're the bug.

Cant help my friend, but i sure wish you all the best, sound like a right mess, hope all is ok in the end.

center]'''''''''''You only pass through this life once; you don't come back for an encore.''''''''''''[/center]

I think your best bet would be to consult an immigration attorney to see what your legal options would be. You don't want to be in the position of possibly being in some trouble for "harboring" an illegal alien. Don't know if you would, but better to be safe and get her legal again.

She needs to return home asap-but consult a lawyer.

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I would think you would be OK in the US since they don't check papers unless they have a legal reason to...don't let her drive.

 

To get her "legal" she should go back to Thailand and apply.

 

Otherwise, as long as she doesn't do anything stupid, it's unlikely they would check her papers.

 

In fact, she is safer with you than in the restaurant, where they may have some reason to check papers of employees if they get a complaint.

 

Good luck to you!

 

All the best,

 

jH

Just do not let her drive in Prince William County Virginia. The county police have started checking immigration status on anyone they stop or detain if they suspect they are an illegal alien. you would think they would have something better to do with their time.

Edited by altec123

"robin hood" you say?.. if you dont know what that means ask her i think she might know...

 

just from guessing i would say.. if she went back to thailand. it would be very very hard to get her back in the states...VERY!... or actually it might be very hard for her to get a visa to go anywhere else out of thailand.....

 

keep a low profile and just let it be... the worst is she being deported if she ever got caught... good luck....

its BETTER to be PISSED OFF then PISSED ON!!!..

Bro thats the best thing i have heard in a long time. I reckon just keep her safe and if she is living with you, you should have no problems. if you go on holidaz just drive your car slowlly lol. how long has her visa expired? good luck bro if you can get away with it cheers to you! if i could hide mine i would heheh! she will be here in 2 weeks for a holiday!!!

Edited by Nak_ Muay

interesting tale good luck to you....

i live in masssachusetts usa and have gotten to know the criminal court system very well over the past year or so. while my own government was hanging me out to dry for a minor traffic offense (3 trips to court to sort out) i got to see first hand how the illegals (brazillians and russian types) here in my state are handled its a big problem here....the judge even said he is not aloud by law to ask a person there immigration status so its a revolving door of illegals no drivers license no insurance who cares?? commiting crime and getting away with a fine or a probation..meanwhile i got the book thrown at me....

bring her to massachusetts she will fit right in...

on another note ive got a mate from Ireland that has lived here for years with no visa always works hard pays no taxes never gets in trouble and he has problems traveling now as you need a valid ID even to take a bus accross state line or a domestic airtrip he is scared to go home to the old sod as he thinks that he will be in trouble over there and here if he tries to return...

if worst come to worst move your girl to massachusetts she will be fine.... :Hair_Out1:

A nice way of handling it, if you are sure you want to keep her around for a while, is to send her back to LOS but go with her, and at the same time consult an immigration attorney to figure out your next course of action.

 

I am a lawyer but have no training in immigration law, but from the little I know marriage is usually the simplest way of settling matters, provided it is handled well. Otherwise school and work visa's are hard to come by in your situations, and tourist visas will only last her so long.

  • 1 month later...

Actually, I've been told by someone from USCIS (formerly INS) the following items which should be of interest to you and her

 

1. If she works and pays taxes, she's pretty much okay. She CAME to the USA legally, so they don't have a problem with her being here, but if she works and doesn't file her tax return... she could be in deep sh*t.

 

2. Go ahead and submit her paperwork for a change in status to an Immigrant Visa. As long as her paperwork is under consideration she's allowed to remain in the USA without issue. It should provide the means for acquiring a reinstatement of her Tourist Visa and extension of the expiration date.

 

3. Once the green card is approved for "contingent" status she/you will receive a letter from the USCIS... she will likely need to travel back to Thailand to the US Embassy to receive the Immigration Status Visa stamp in her passport, and a new "Permission" letter to return to the USA.

 

4. Within 3 months of coming back to the USA, and handing in her immigration packet at the airport of entry, she/you should receive the temporary green card in the mail.

 

5. The permanent card takes 1.5 to 3 years to receive. During that time she's not supposed to leave the USA without recieving a travel letter from USCIS.

 

That's it. It will all be easier with an immigration lawyer, but you can do it all yourself with a little research.

 

Good luck!!!

  • 4 weeks later...

hey if she wants to stay in the US don't let her leave... my friends wife left after a year of overstay and now is banned from the US for 10 years...

 

any overstay under 1 year you get a automatic banned of 3 years and over a year your banned for 10 years... also if she leaves and you marry her to bring her back she wont be able to. if you want to know more PM me...

Hate to admit it, but I met my S.A. exwife when her visa had expired. Its a little different for latinos, but still very dangerous to rush into anything. Immigration is such a hot button issue that you never know what extreme INS will goto from day to day. Gotta agree with the use of an immigration attorney. They can do confidential consultations ( usually free) and are generally very honest about what they can do and cant do.

 

Just dont push yourself into a decision.

I study Aregano: The Ancient Italian Art of Pizza Folding.

Actually, I've been told by someone from USCIS (formerly INS) the following items which should be of interest to you and her

 

1. If she works and pays taxes, she's pretty much okay. She CAME to the USA legally, so they don't have a problem with her being here, but if she works and doesn't file her tax return... she could be in deep sh*t.

 

2. Go ahead and submit her paperwork for a change in status to an Immigrant Visa. As long as her paperwork is under consideration she's allowed to remain in the USA without issue. It should provide the means for acquiring a reinstatement of her Tourist Visa and extension of the expiration date.

 

3. Once the green card is approved for "contingent" status she/you will receive a letter from the USCIS... she will likely need to travel back to Thailand to the US Embassy to receive the Immigration Status Visa stamp in her passport, and a new "Permission" letter to return to the USA.

 

4. Within 3 months of coming back to the USA, and handing in her immigration packet at the airport of entry, she/you should receive the temporary green card in the mail.

 

5. The permanent card takes 1.5 to 3 years to receive. During that time she's not supposed to leave the USA without recieving a travel letter from USCIS.

 

That's it. It will all be easier with an immigration lawyer, but you can do it all yourself with a little research.

 

Good luck!!!

 

Khun Banana, I have to disagree with you on one point. Although she came to the US legally, she was working here illegally. You cannot work when on a tourist visa.

Never trust anything that can bleed for 5-7 days and still live!!

Life is not the amount of breaths you take but the moments that take your breath away

Sounds awfully messy to me, good luck with what you both decide to do!!

BTW is she worth it? (All the stress and grief)

http://uk.youtube.com/watch?v=F8soolsiIOo&...feature=related

 

 

2 All beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.

contact a lawyer before you even think of contacting immigration

 

ICE can be very tough on over-stays.

  • 4 weeks later...

This is an interesting situation. Please keep us informed. I know all of us are interested in the outcome. Best of luck to you and your TGF.

 

Bush

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