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Q for a friend

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FLMommy

Member
What is the name of your state? FL

Lana/EVCalyp, anyone: I just talked to a friend I hadn't talked to for almost a year. She is from Canada, and I knew she had met this guy online, and they were getting serious, but of course wanted to meet first.
Apparently she decided to do the wrong thing, entered the US on a visitor's visa, overstayed, and then got married.
She said her MIL had talked to a Imm. Att who said that she (my friend) should file I-130 and the 325 Bio forms. She was also talking about a fine my friend would have to pay for overstaying her visitor's visa.

Q1: What's this fine about?
Q2: I have adviced her to file the whole AOS package based on marriage to USC all at once, - meaning the forms mentioned above, but also the 485 and EAD request (can't remember name of form). Am I right? Or is that Imm Att right? I just never heard of doing it in stages, and don't see why she shouldn't send in the whole package at once.
 


ImmigAttyLana

Senior Member
If she entered the US lawfully and is married to a USC, she can file everything together and there is no need to pay any penalty fee.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney
 

ImmigAttyLana

Senior Member
No, there is no fine when it is a petition for permanent residence on the basis of a marriage to a US citizen.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney
 

evcalyptos

Senior Member
FLMommy said:
Thanks Lana, she did enter lawfully, but overstayed her visa. Does that mean she needs to pay a fine then?
Canadians typically do not enter with a visa to overstay.

MIL was wrong; she files everything at once, to the Chicago lockbox.
 

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