AOS for an Alien

[shallan 0]

Hello Everybody i may not belong in here but i recently met a friend from mexico now working here in the USA but he's an alien. He got married to a US citizen and they have 2 kids. I talked to his wife this morning and she said that her husband need to go back to mexico before they can apply for the adjustment of status. Im just worried because they have 2 little kids and his wife is not working. Now i got some questions here and i hope you guys from same country who have any idea about it could give me opinion or some advices of whats the best thing to do.

• Is it true that He has to go back to mexico before they can adjust his status?
• Is there a way so he could just stay with his family here and apply for the AOS?
• What to do? if the answer for number 1 question is YES?

Thank you so much for spending time in reading this post i will really appreciate it if you guys share your opinions. I am from philippines so am afraid the process are different. If am correct? Besides i dont have much knowledge with the process because i just got approved with the K1 visa and got here 3 weeks ago. I just wanna help them if incase i will have an idea from you. They dont know either about the application. God Bless Everybody.

[athena_ny 1]

Hello Everybody i may not belong in here but i recently met a friend from mexico now working here in the USA but he's an alien. He got married to a US citizen and they have 2 kids. I talked to his wife this morning and she said that her husband need to go back to mexico before they can apply for the adjustment of status. Im just worried because they have 2 little kids and his wife is not working. Now i got some questions here and i hope you guys from same country who have any idea about it could give me opinion or some advices of whats the best thing to do.

• Is it true that He has to go back to mexico before they can adjust his status?
• Is there a way so he could just stay with his family here and apply for the AOS?
• What to do? if the answer for number 1 question is YES?

Thank you so much for spending time in reading this post i will really appreciate it if you guys share your opinions. I am from philippines so am afraid the process are different. If am correct? Besides i dont have much knowledge with the process because i just got approved with the K1 visa and got here 3 weeks ago. I just wanna help them if incase i will have an idea from you. They dont know either about the application. God Bless Everybody.

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

[sus 70]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

[eau_xplain 2]

athena_ny is correct. If the non-USC spouse entered with a visa and overstayed, then he can stay in the US while adjusting status.

However, if he entered illegally (snuck across the border), then he cannot apply for AOS in the US. He can stay while they file the K3 or CR1/IR1 papers but he will have to go back to Mexico for the interview. His application will be denied during that interview and they will be required to submit a waiver + a hardship letter. Note that even if they have filed the K3 or IR1/CR1, the husband will still be subject to deportation if caught.

[Gaby&Talbert 1]

There is alot more to it than cut and dry this or this. We need the whole story to give them accurate advice. Please ask him to tell you the whole story and then let us know. We need to know if he entered with out without a visa. If he was married to his wife when he entered. How many times has he entered illegally if any, has he ever been caught or deported, and anything else like when did he first enter and so on. One good thing about Juarez is that it is the only consulate that has a pilot program for waivers which means that if his waiver is approvable he can get it a few days after his innitial interview date. They should have never waited this long to get his visa because everyday he is here illegally he has more of a chance to get caught and deported. If this happens then he may be banned from entry for many years. He is a father and should do the responsible thing and become legal. Whatever he does tell him not to leave, the only reason to leave would be for an interview in Juarez if that is his only option.

Edited April 11, 2008 by Gaby&Talbert

[athena_ny 1]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

[malego77 2]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

It's depend what kind of visa. K1 visa holders aren't allowed.

[athena_ny 1]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

It's depend what kind of visa. K1 visa holders aren't allowed.

If they marry within the 90 days, yes they are.

If they marry outside the 90 days, a K-1 visa holder can also adjust within the country, they just need to file the I-130 along with the I-485.

[malego77 2]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

It's depend what kind of visa. K1 visa holders aren't allowed.

If they marry within the 90 days, yes they are.

If they marry outside the 90 days, a K-1 visa holder can also adjust within the country, they just need to file the I-130 along with the I-485.

Yes! There is always a way.

[athena_ny 1]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

It's depend what kind of visa. K1 visa holders aren't allowed.

If they marry within the 90 days, yes they are.

If they marry outside the 90 days, a K-1 visa holder can also adjust within the country, they just need to file the I-130 along with the I-485.

Yes! There is always a way.

Not from inside the country if you EWI.

[Gaby&Talbert 1]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

It's depend what kind of visa. K1 visa holders aren't allowed.

If they marry within the 90 days, yes they are.

If they marry outside the 90 days, a K-1 visa holder can also adjust within the country, they just need to file the I-130 along with the I-485.

Sorry let me clarify, K1 visa holders can only adjust from original petitioner.

[athena_ny 1]

Did he enter on a visa? If he did, he can do it from here. If he entered without inspection at the border (ie. snuck over the border and is completely undocumented), he has to return. They will deny him, and they will need a waiver.

Not true - If he entered illegally, or overstayed his visa, and leaves the country prior to adjusting status he will end up with a bar from returning. They should file while he is here, and he should not leave the US until approved.

Excuse me? No. If he entered illegally, he will NOT be able to adjust from within the US.

If he overstayed a visa, he can.

It says this right on the instructions for the I-485.

It's depend what kind of visa. K1 visa holders aren't allowed.

If they marry within the 90 days, yes they are.

If they marry outside the 90 days, a K-1 visa holder can also adjust within the country, they just need to file the I-130 along with the I-485.

Sorry let me clarify, K1 visa holders can only adjust from original petitioner.

Yes, I forgot about that.

[shallan 0]

There is alot more to it than cut and dry this or this. We need the whole story to give them accurate advice. Please ask him to tell you the whole story and then let us know. We need to know if he entered with out without a visa. If he was married to his wife when he entered. How many times has he entered illegally if any, has he ever been caught or deported, and anything else like when did he first enter and so on. One good thing about Juarez is that it is the only consulate that has a pilot program for waivers which means that if his waiver is approvable he can get it a few days after his innitial interview date. They should have never waited this long to get his visa because everyday he is here illegally he has more of a chance to get caught and deported. If this happens then he may be banned from entry for many years. He is a father and should do the responsible thing and become legal. Whatever he does tell him not to leave, the only reason to leave would be for an interview in Juarez if that is his only option.

Hello guys,thanks for your replies. This guy entered here in the US without a visa then he was deported but cameback again. He met his wife when he entered here for the 2nd time and they got married in the court. His wife asked me yesterday if i can ask help from you guys about the first step or maybe the whole process. Me and my husband are kinda worried for them if he will be caught and deported again then the kids will suffer. We plan to let his wife stay here in our house and i will look after the kids so she can work. But i know i can just do them a favor for a few months or a year. I have to work somehow when i got my greencard. Thier eldest son is 4 and 2nd is 4 months old. Correct me if am wrong, does it mean they can now send application for the AOS while he's here? Or the waiver will be sent first before that? is it the I-601?

Edited April 16, 2008 by shallan

[athena_ny 1]

There is alot more to it than cut and dry this or this. We need the whole story to give them accurate advice. Please ask him to tell you the whole story and then let us know. We need to know if he entered with out without a visa. If he was married to his wife when he entered. How many times has he entered illegally if any, has he ever been caught or deported, and anything else like when did he first enter and so on. One good thing about Juarez is that it is the only consulate that has a pilot program for waivers which means that if his waiver is approvable he can get it a few days after his innitial interview date. They should have never waited this long to get his visa because everyday he is here illegally he has more of a chance to get caught and deported. If this happens then he may be banned from entry for many years. He is a father and should do the responsible thing and become legal. Whatever he does tell him not to leave, the only reason to leave would be for an interview in Juarez if that is his only option.

Hello guys,thanks for your replies. This guy entered here in the US without a visa then he was deported but cameback again. He met his wife when he entered here for the 2nd time and they got married in the court. His wife asked me yesterday if i can ask help from you guys about the first step or maybe the whole process. Me and my husband are kinda worried for them if he will be caught and deported again then the kids will suffer. We plan to let his wife stay here in our house and i will look after the kids so she can work. But i know i can just do them a favor for a few months or a year. I have to work somehow when i got my greencard. Thier eldest son is 4 and 2nd is 4 months old. Correct me if am wrong, does it mean they can now send application for the AOS while he's here? Or the waiver will be sent first before that? is it the I-601?

I suppose that he could apply from the US, but for the interview, he will definitely have to return to Mexico. CDJ does have the pilot program for waivers, so hopefully it will get approved pretty quickly, but I couldn't give you a timeline. There is a waivers forum where they can help you with that, I do not know very much about waivers; I believe it's the I-601, but I'm not sure. Whichever is the hardship waiver.

There's also the concern that if he applies in the US, they could pick him up and put him in removal proceedings again..which would complicate things considerably.

[shallan 0]

There is alot more to it than cut and dry this or this. We need the whole story to give them accurate advice. Please ask him to tell you the whole story and then let us know. We need to know if he entered with out without a visa. If he was married to his wife when he entered. How many times has he entered illegally if any, has he ever been caught or deported, and anything else like when did he first enter and so on. One good thing about Juarez is that it is the only consulate that has a pilot program for waivers which means that if his waiver is approvable he can get it a few days after his innitial interview date. They should have never waited this long to get his visa because everyday he is here illegally he has more of a chance to get caught and deported. If this happens then he may be banned from entry for many years. He is a father and should do the responsible thing and become legal. Whatever he does tell him not to leave, the only reason to leave would be for an interview in Juarez if that is his only option.

Hello guys,thanks for your replies. This guy entered here in the US without a visa then he was deported but cameback again. He met his wife when he entered here for the 2nd time and they got married in the court. His wife asked me yesterday if i can ask help from you guys about the first step or maybe the whole process. Me and my husband are kinda worried for them if he will be caught and deported again then the kids will suffer. We plan to let his wife stay here in our house and i will look after the kids so she can work. But i know i can just do them a favor for a few months or a year. I have to work somehow when i got my greencard. Thier eldest son is 4 and 2nd is 4 months old. Correct me if am wrong, does it mean they can now send application for the AOS while he's here? Or the waiver will be sent first before that? is it the I-601?

I suppose that he could apply from the US, but for the interview, he will definitely have to return to Mexico. CDJ does have the pilot program for waivers, so hopefully it will get approved pretty quickly, but I couldn't give you a timeline. There is a waivers forum where they can help you with that, I do not know very much about waivers; I believe it's the I-601, but I'm not sure. Whichever is the hardship waiver.

There's also the concern that if he applies in the US, they could pick him up and put him in removal proceedings again..which would complicate things considerably.

Thankyou Athena_ny does he need to apply for K3 soon?