I-30 Approved, AOS fee and Visa Immigrant Visa fee

[Ciscangel 0]

Hi all

I am new and have burning questions and desire for your advise. As a permanent resident, my spouse visited with B1/B2, and was given only three weeks at port of entry. We requested for extension but USCIS refused simple because we told them the truth. The truth was that we checked [yes], if application for visa has been filed on applicant. If we had said otherwise, USCIS probably would have extended his stay, thereby given us the opportunity at least to get some document for driving license. Since he is a professional, he would have gotten H1 sponsor. But lie has its short tail, we took the truth path. You never know, maybe down the road it would caught up with us if we had say no.

It has been hard and difficult five years. We are now blessed with three beautiful kids (5, 3, 1.5) and my spouse has been house-husband and I have been working two jobs with over time to make ends meet. Difficult enough, because my two jobs with over time put the family above income bracket, my children are not eligible for any govermnent benefits. To cut the long story short, as woman, it has been difficult on me. My husband is becoming more frustrated more than ever and about to turn into a monster at home because of stress and frustration of this voluntory house arrest. He cannot drive or at least take the kids to doctor while I am work. Everything depends on me. My children cannot get birthday gifts or christmas gifts because we have to pay bills. My application for naturalization was denied five years ago because of my past mistakes with the law. Finally, it seems there is some lights at the end of the tunnel. I will be qualified to re-apply for naturalization by December 2008 after five years.

My husband I-30 petition has long been approved four plus years past. We received letter in April 2008 from NVC to pay for AOS $70 and Immigrant Visa application fee $400. They asked us not to send the affidavit of support at this point. We have been holding on to this letter which will expire in April 2009 hoping that my naturalization approval will come first. I heard that it takes anywhere from 4-6 months for naturalization these days. So if I re-apply in December 2008, there is likelihood that it would be approved before NVC fee request expires, then that would give us the opportunity to adjust his application here in US without him going back to our country. I am worried that if he goes back, Embassy might deny him the immigration visa on the ground of over stay. I have heard about a waiver if one over stay, but not sure how that works.

We have had enough of hard time and don't want separation for the sake of my children. I will prefer to have his application adjusted here but confused because if we failed to reply to the application fee request and my N400 is not approved promptly, it would be more difficult situation. My children's life and family are in jeopardy if he is refused re-entry. My children already had enough of misery. I need advise from you all out there. What should we do? Do you think he can get immigrant visa back after long over stay? I thought of asking him to travel with my children if he must travel for the visa. This also is double edge sword. Taking my children away from me. Ouch!!!

Thanks for your honest and candid suggestions and advise...

Angel

[YuAndDan 153]

You are in a very sticky situation, The petition is approved and at NVC for an Immigrant visa, but if you proceed with that process an husband goes home for interview, he WILL face a BAR.

If you become a citizen, and attempt AOS, you probably will have the same problem with USCIS at AOS interview, intent on entry on visitors visa was IMMIGRATIONS 'VISA FRAUD" and probabley will be denied the AOS and dealing with deportation.

A good consulat with a lawyer MAY be your only option.

[Ciscangel 0]

Oh! I forgot to mention that we have consulted a lawyer. These are our lawyer's stand as well. As matter of fact, the lawyer told us to hold on the Immigrant Visa application since it will be expiring next year hoping that my naturalization will materialize by then.

[YuAndDan 153]

Oh! I forgot to mention that we have consulted a lawyer. These are our lawyer's stand as well. As matter of fact, the lawyer told us to hold on the Immigrant Visa application since it will be expiring next year hoping that my naturalization will materialize by then.

You will still have the same problem even if petition expires, USCIS will strongly doubt that entry on the visitor's visa was not with the intent to stay and immigrate.

I know a someone from south America that petitioned for his wife while he was here on a green-card, she entered the USA on an immigrant visa about 3 years after he filed for her visa, when done correctly there is no pain other than seperation.

[Ciscangel 0]

Oh! I forgot to mention that we have consulted a lawyer. These are our lawyer's stand as well. As matter of fact, the lawyer told us to hold on the Immigrant Visa application since it will be expiring next year hoping that my naturalization will materialize by then.

You will still have the same problem even if petition expires, USCIS will strongly doubt that entry on the visitor's visa was not with the intent to stay and immigrate.

I know a someone from south America that petitioned for his wife while he was here on a green-card, she entered the USA on an immigrant visa about 3 years after he filed for her visa, when done correctly there is no pain other than seperation.

I did not tell that part. His B1/B2 visa was for a professional conference in US which he actually attended. He had gotten the visa even before we got married and I-30 was filed. He wanted to travel back after his conference because he had a good job back home, but I convinced him to stay. I know the petition would take some time. As you can see, five years already still no interview. Regardless of how you look at it, we are better of that he stayed rather than the long separation. I hope there is some kind of waiver for his over stay. That being said, I know that permanent resident holders can married people with visiting visa.

[Ciscangel 0]

Oh! I forgot to mention that we have consulted a lawyer. These are our lawyer's stand as well. As matter of fact, the lawyer told us to hold on the Immigrant Visa application since it will be expiring next year hoping that my naturalization will materialize by then.

You will still have the same problem even if petition expires, USCIS will strongly doubt that entry on the visitor's visa was not with the intent to stay and immigrate.

I know a someone from south America that petitioned for his wife while he was here on a green-card, she entered the USA on an immigrant visa about 3 years after he filed for her visa, when done correctly there is no pain other than seperation.

Separation from your loved one is the reason for all immigration headache. Not sure how you will fill if after "just married" and ended on international telephone calls for honey moon for another five years. You sounded like separation from your loved one is fun whether temporary or permanent.

[Boiler 46,109]

The Port of Entry suspected immigrant intent, otherwise he would have been given 6 months, not 6 weeks.

Did he mention you when he applied for a B Visa?

So it sounds like the intent was for him to stay, wait for you to get your Citizenship and then adjust.

If he goes back he has a 10 year ban for certain, which can be waived, but no guarantee.

If he stays and adjust the adjustment interview could be interesting, he may well be denied. Sounds abetter chance aving come so far, but you have a lawyer so best let the lawyer guide you.

[Ciscangel 0]

The Port of Entry suspected immigrant intent, otherwise he would have been given 6 months, not 6 weeks.

Did he mention you when he applied for a B Visa?

So it sounds like the intent was for him to stay, wait for you to get your Citizenship and then adjust.

If he goes back he has a 10 year ban for certain, which can be waived, but no guarantee.

If he stays and adjust the adjustment interview could be interesting, he may well be denied. Sounds abetter chance aving come so far, but you have a lawyer so best let the lawyer guide you.

THanks for your reply. Actually his intent was not to stay. He received 2yrs multiple visa but did not travel until after 18 months because by the time he got the visa he was unable to attend the business conference. So his Visa had only 6 months to expire when he entered US. This could be the reason he was given short stay (3weeks) at port of entry. He did not mention me when he applied for B Visa because we were not married or known each other then.

It seems my naturalization interview may come later than his immigrant visa availability in our country, what I wanted to know is whether anyone in the forum have had or heard of a waived overstay, if so, which USCIS form is required and cost for the waiver application. Someone told me it is $1,000 for overstay waiver application.

Actually, we consulted a lawyer but because of finance, we could not affod to retain the lawyer.

[Boiler 46,109]

The Port of Entry suspected immigrant intent, otherwise he would have been given 6 months, not 6 weeks.

Did he mention you when he applied for a B Visa?

So it sounds like the intent was for him to stay, wait for you to get your Citizenship and then adjust.

If he goes back he has a 10 year ban for certain, which can be waived, but no guarantee.

If he stays and adjust the adjustment interview could be interesting, he may well be denied. Sounds abetter chance aving come so far, but you have a lawyer so best let the lawyer guide you.

THanks for your reply. Actually his intent was not to stay. He received 2yrs multiple visa but did not travel until after 18 months because by the time he got the visa he was unable to attend the business conference. So his Visa had only 6 months to expire when he entered US. This could be the reason he was given short stay (3weeks) at port of entry. He did not mention me when he applied for B Visa because we were not married or known each other then.

It seems my naturalization interview may come later than his immigrant visa availability in our country, what I wanted to know is whether anyone in the forum have had or heard of a waived overstay, if so, which USCIS form is required and cost for the waiver application. Someone told me it is $1,000 for overstay waiver application.

Actually, we consulted a lawyer but because of finance, we could not affod to retain the lawyer.

You can have 1 day left on your B and still be admitted for 6 months.

If you go for the waiver, then have a look at www.immigrate2us.net, remember he will have his interview, be declined and then the process starts. A long process.

But then you could well have issues adjusting anyway in country as a USC Spouse, but you might get lucky.