Readjustment of Status. Entered legally?

[trillium13 84]

And let me guess you were born and raised in East Germany!

OMG, that is the most hilarious thing I've seen in a while. I'm actually the USC, but my husband was born and raised in East Germany.

[trillium13 84]

For smiley1 - your passive aggressiveness is inappropriate. Snide comments trying to disguise themselves as helpful statements are not helpful. Your 'analysis' of my comments was way off mark - I was not suspicious - I was curious. JustBob provided the information and his response was helpful. Yours was insulting. Your 'tone' leaves much to be desired, especially as this is a forum where we share experiences rather than attack each other. You will find your participation on this site less acrimonious if you put more care into 'being considerate' as well as helpful. People will not hear 'what' you have to say if all they can focus on is 'how' you are saying it.

Edited March 12, 2010 by trillium13

[smiley1 3]

That means she had a great influence on your thinking!

[smiley1 3]

Thanks JustBob,

That satisfies my curiosity.

For smiley1 - your passive aggressiveness is inappropriate. Snide comments trying to disguise themselves as helpful statements are not helpful. Your 'analysis' of my comments was way off mark - I was not suspicious - I was curious. JustBob provided the information and his response was helpful. Yours was insulting. Your 'tone' leaves much to be desired, especially as this is a forum where we share experiences rather than attack each other. You will find your participation on this site less acrimonious if you put more care into 'being considerate' as well as helpful. People will not hear 'what' you have to say if all they can focus on is 'how' you are saying it.

I am glad you got my message! And the "tone" is just for people like you who think that if they posted here many times know everything!

I realize that your ego is bleeding right now ( you got one wrong and someone knew better) but get a bandaid and you'll be fine.

And another thing I thought that since we are in US there is something that is called freedom of speech. I can write whatever and however I want and there is nothing you can do about that.I hope that you are smart enough to understand that if not try to ask for help.

[trillium13 84]

That means she had a great influence on your thinking!

Because it makes perfect sense. It is entirely possible to get one's point across without having to be rude or condescending to another person. For all of your complaining, you seem to be the only one acting in that fashion. It doesn't help the OP or any other poster in any way.

I'm not going to engage you any further.

[Brother Hesekiel 2,236]

OMG, that is the most hilarious thing I've seen in a while. I'm actually the USC, but my husband was born and raised in East Germany.

I'm truly sorry for that. People who have no intimate knowledge of what happened before the fall of the Berlin Wall can't possibly know what it must have been like to live there.

[trillium13 84]

I'm truly sorry for that. People who have no intimate knowledge of what happened before the fall of the Berlin Wall can't possibly know what it must have been like to live there.

Yes, I must say, I've learned a lot of things from him. Really amazing stuff. He was actually there when the wall came down, at 19 years old.

[VanessaTony 3,567]

Me and my wife have been married for 3 months, but have been together for almost 7 years. Her parents brought her here when she was 4 years old on a visitor's visa and they never left. Her record is clean. She has a social security number that says "not valid for work."

They have a stamp on her passport showing she came in through a visitor's visa. Can she get a readjustment of status? How likely is it that she will be approved? Process Time? Costs? I make 40k, so I know this will be enough for their approval. I am just really concered, and my biggest fear is for her to be seperated from me.

She is able to apply to adjust. No-one can be sure it'll be approved (because we don't know everything about your case) but they are more often approved than denied and her overstay IS forgiven as the spouse of a USC IF (and ONLY if) her application is APPROVED. Simply marrying a USC doesn't cancel out the overstay, she needs her GC to be approved. If her application is denied (for whatever reason) then they will issue a letter giving her 30 days to leave the country and there is no means for appeal. On her leaving she will get a ban based on the period of overstay. If she has overstayed for more than 365 days (only counted after the age of 18) it's a 10 year ban. I would assume as you've been together for so long that she has overstayed much longer than 365 days.

But anyway, my reason for posting is a couple of qns. If her parents entered on a visitors visa and "never left" are they still in the US?

The reason I ask is because on one of the forms she has to mention her parents, her parents SSN's (if they have them) and their current location. It is of course possible to lie and say they're in their home country (and omit their SSN's) but lying (if caught) is a lifetime ban so I don't suggest that (if down the line she becomes a USC herself she is still able to be kicked out based on a lie far back in the process and have her USC revoked). If they're in the US illegally, does anyone know if this would this trigger a "search" for her illegal parents? I can't think of any cases where i've read this, I can't think of anything like this happening, I am curious though... anyone know?

Edited March 13, 2010 by Vanessa&Tony

[smiley1 3]

<!--quoteo(post=3667661:date=Jan 28 2010, 10:47 AM:name=pauliewalnutz87)--><div class='quotetop'>QUOTE (pauliewalnutz87 @ Jan 28 2010, 10:47 AM) <a href="index.php?act=findpost&pid=3667661"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Me and my wife have been married for 3 months, but have been together for almost 7 years. Her parents brought her here when she was 4 years old on a visitor's visa and they never left. Her record is clean. She has a social security number that says "not valid for work."

They have a stamp on her passport showing she came in through a visitor's visa. Can she get a readjustment of status? How likely is it that she will be approved? Process Time? Costs? I make 40k, so I know this will be enough for their approval. I am just really concered, and my biggest fear is for her to be seperated from me.<!--QuoteEnd--></div><!--QuoteEEnd-->

She is able to apply to adjust. No-one can be sure it'll be approved (because we don't know everything about your case) but they are more often approved than denied and her overstay IS forgiven as the spouse of a USC IF (and ONLY if) her application is APPROVED. Simply marrying a USC doesn't cancel out the overstay, she needs her GC to be approved. If her application is denied (for whatever reason) then they will issue a letter giving her 30 days to leave the country and there is no means for appeal. On her leaving she will get a ban based on the period of overstay. If she has overstayed for more than 365 days (only counted after the age of 18) it's a 10 year ban. I would assume as you've been together for so long that she has overstayed much longer than 365 days.

But anyway, my reason for posting is a couple of qns. If her parents entered on a visitors visa and "never left" are they still in the US?

The reason I ask is because on one of the forms she has to mention her parents, her parents SSN's (if they have them) and their current location. It is of course possible to lie and say they're in their home country (and omit their SSN's) but lying (if caught) is a lifetime ban so I don't suggest that (if down the line she becomes a USC herself she is still able to be kicked out based on a lie far back in the process and have her USC revoked). If they're in the US illegally, does anyone know if this would this trigger a "search" for her illegal parents? I can't think of any cases where i've read this, I can't think of anything like this happening, I am curious though... anyone know?

Do you remember what form was that? because I only remember writing my parents name,date of birth and location I don't remember being asked about the SSN...( maybe because they don't have one ). And I think that if she mentions her parents and their SSN and they are still here illegally that would definetely trigger a search and initiation of removal proceeings. I read here somewhere that a lady filed for AOS and they didn't have money to file for her son's AOS and they received a letter to let them know that he will be scheduled to appear in court for removal.

Good questions!

I want to add something : if your application is denied it doesn't necessary mean that you will receive a letter giving you 30 days to leave the country. I speak from my personal experience my I-485( I didn't have a waiver for a previous J1 visa) was denied and my I-130 was approved and I never got any letter. You can be denied for many reasons and I think that it all depends on the reason of the denial. If the reason is something simple like not responding to a RFE or failure to attend the interview for whatever reasons you can always re-apply and get approved.

And to take one's citizenship it is a really hard and long process and you need an extremely good reason... not just some lie which can always be excused in some way ny a lawyer...