US citizen petitioning spouse w/ B2 visa

[dflst 0]

hi... i am a US citizen about to file an I-130 for my spouse who is currently in the US with his B2 (tourist) visa. he is only allowed to stay until august 10, 2009 (per I-94 card). my question is... will we encounter any problem with the USCIS when he becomes out of status after august 10? just want to hear some thoughts since we read in the USCIS instructions that he won't be eligible if we file the application when his legal stay expires.

thank you.

dflst

p.s.

we are also filing I-485 and I-765 concurrently with the I-130.

[payxibka 10,047]

then this needs to be in a different forum... moving to AOS

[sasaqlain 24]

He still isn't out of status. So apply as soon as possible for the AOS. Also, if the intention at the point of entry was not to adjust status then he can apply for AOS. Over-stays of petitioners are usually forgiven if the spouse is a USC and the petitioner has entered legally. I applied for AOS from B-2 and so far all is good. My interview is next week. Best of luck.

[visacheck 3]

I also entered the U.S using B2 visa, now i have my greencard.

It would be better if you can file all the forms before I-94 expires... Overstay will not be an issue when case is pending with USCIS.

[dflst 0]

hi visacheck. thank you for the information. we will definitely file the papers before the I-94 expiration. i am just waiting for my US passport. is there really a need to submit a copy of the current US passport even if you already submit a copy of the naturalization certificate to prove US citizenship? two more questions... is there a need to file for I-131 (advance parole) even if my spouse has no intention of traveling outside the US and what do they commonly ask during the interview? thank you again.

dflst

[Septembergold 0]

hi visacheck. thank you for the information. we will definitely file the papers before the I-94 expiration. i am just waiting for my US passport. is there really a need to submit a copy of the current US passport even if you already submit a copy of the naturalization certificate to prove US citizenship? two more questions... is there a need to file for I-131 (advance parole) even if my spouse has no intention of traveling outside the US and what do they commonly ask during the interview? thank you again.

dflst

Regarding your first post: try to send in your AOS applications before I-94 expires. BUT even if you do it after that, it`s no big deal. My husband and I had got married only a few days before my I-94 expired and we filed for AOS 6 months after that! Didn`t have any problems whatsoever.

If you are going to receive your US passport before you send in the paperwork, I would attach a copy of your US passport. Just in case. If not.. I don`t think it would be a problem, since you`re sending a copy of your NC.

No, you don`t HAVE to apply for AP if you`re not planning on traveling abroad. We didn`t.

As for what they commonly ask at the interview, I suggest you read the Sample Interview questions Here

Edited July 26, 2009 by Septembergold

[visacheck 3]

you dont need to submit a copy of US passport if you already have a copy of naturalization certificate. you dont have to apply for AP if your husband has no intention of leaving the US. in my case i applied for AP just in case there is an emergency back home plus you dont have to pay for it anyway.

Questions on the interview is really a case to case basis but the most common quetions based on what i see on other VJ'ers experiences are mostly about "how and where did u meet each other", "what is ur spouses bday" blah blah blah....... just read the interview experiences in this forum so you would have an idea. During my interview, i wasnt really asked a lot of questions.