Overstay & immigrant visa

[E R 0]

Hello all,

I am wondering if my wife's overstay in USA for 3 and a half months will affect her application for an immigrant visa. Actually, she entered with a visitor's visa and did AOS there. She got all the paperworks. We live in Bali right now but want to move back to USA for some personal reasons. When she left USA she was already a CPR. We filed to remove the conditions in time and she got the 10 years one. We have been married for 5 years. I have been reading the regulation but would like to hear from other people who has the same experience. Thank you for any response.

[Singers 0]

Hello all,

I am wondering if my wife's overstay in USA for 3 and a half months will affect her application for an immigrant visa. Actually, she entered with a visitor's visa and did AOS there. She got all the paperworks. We live in Bali right now but want to move back to USA for some personal reasons. When she left USA she was already a CPR. We filed to remove the conditions in time and she got the 10 years one. We have been married for 5 years. I have been reading the regulation but would like to hear from other people who has the same experience. Thank you for any response.

If she is a green card holder why would she need an immigrant visa?

[emt103c 10]

I agree, she'll just need to make sure she's still valid...how long has she been away?

[E R 0]

I agree, she'll just need to make sure she's still valid...how long has she been away?

She's been away for 2 and a half years. So if we are going back to US, the consulate said she needs an immigrant visa.

[Boiler 45,522]

I agree, she'll just need to make sure she's still valid...how long has she been away?

She's been away for 2 and a half years. So if we are going back to US, the consulate said she needs an immigrant visa.

It should not be an issue, I take it that she took no steps to maintain her residency? Did she renounce her GC status, has she filed takes and to when?

[Alt name 1]

You are going to want to speak with Michael Sohlberg, in Jakarta, consular section. He is very helpful, and probably can sort out your case.

Regards,

David and Nitadyah

[Dan J 277]

I agree, she'll just need to make sure she's still valid...how long has she been away?

She's been away for 2 and a half years. So if we are going back to US, the consulate said she needs an immigrant visa.

It should not be an issue, I take it that she took no steps to maintain her residency? Did she renounce her GC status, has she filed takes and to when?

If you don't maintain residency in the US, PR status will expire. She will need a K-3 or CR-1/IR-1 visa to get back. The previous overstay should not be an issue.

[E R 0]

I agree, she'll just need to make sure she's still valid...how long has she been away?

She's been away for 2 and a half years. So if we are going back to US, the consulate said she needs an immigrant visa.

It should not be an issue, I take it that she took no steps to maintain her residency? Did she renounce her GC status, has she filed takes and to when?

If you don't maintain residency in the US, PR status will expire. She will need a K-3 or CR-1/IR-1 visa to get back. The previous overstay should not be an issue.

Thanks everyone for all your reply. I will contact the consulate to ask about her residency status. I will post his answers later.