Help with B-2 visa. Married and filed an I-130 here

[rraypo 3]

Hello and thank to everyone in advance!

Our question:

My wife, Brazilian, came into the USA on a B-2 tourist visa. We met, fell in love, got married and filed our I-130 and I-485 together while her visa and I-94 entry form were still valid. She is still legal in this country as her I-94 has not expired, but is just about to. We have not heard anything from the Chicago Lockbox. The Postal tracking document says they did receive it and of course, we printed and kept copies of that as well as the signature page from the Post Office. We did include the G-1145 electronic "Notification of Application/Petition Acceptance", but have never received either an Email or the promised text message from them telling us they are in receipt of our packages. I know and understand they are very busy and that this all takes a lot of time, patience is not the issue here, just her legal status to stay in the USA, now. I am a US citizen, our paperwork was done very well and I believe it to have been very complete along with sending in my payment fees and her medical...all was done right.

Her I-94 though is about to expire which will make her overstay her legal entry time in the USA. So, finally, here is our question, should we just keep waiting or should we file for an extension to her tourist visa now, before she overstays her I-94. My fear of filing for the extension is two fold. One, I think this will complicate her I-130 filing and two, God what if they denied her tourist visa extension?

Thanks and good luck to all that are on here. This is a wonderful group to have on this journey.

[Barbara J 115]

Hello and thank to everyone in advance!

Our question:

My wife, Brazilian, came into the USA on a B-2 tourist visa. We met, fell in love, got married and filed our I-130 and I-485 together while her visa and I-94 entry form were still valid. She is still legal in this country as her I-94 has not expired, but is just about to. We have not heard anything from the Chicago Lockbox. The Postal tracking document says they did receive it and of course, we printed and kept copies of that as well as the signature page from the Post Office. We did include the G-1145 electronic "Notification of Application/Petition Acceptance", but have never received either an Email or the promised text message from them telling us they are in receipt of our packages. I know and understand they are very busy and that this all takes a lot of time, patience is not the issue here, just her legal status to stay in the USA, now. I am a US citizen, our paperwork was done very well and I believe it to have been very complete along with sending in my payment fees and her medical...all was done right.

Her I-94 though is about to expire which will make her overstay her legal entry time in the USA. So, finally, here is our question, should we just keep waiting or should we file for an extension to her tourist visa now, before she overstays her I-94. My fear of filing for the extension is two fold. One, I think this will complicate her I-130 filing and two, God what if they denied her tourist visa extension?

Thanks and good luck to all that are on here. This is a wonderful group to have on this journey.

Not too sure on your time line here it says that your I-485 is approved????? so I don't quite understand your situation as to your wife staying. Can you update please when did she come here when you got married and so on?

[Brother Hesekiel 2,236]

You can tell that they received it by checking up on your check that you sent to USCIS. Once the check is cashed, they have received it.

You cannot file an extension of a tourist visa while you apply for permanent residency.

The possible overstay will not become an issue if the AOS petition is approved. Any reason why it should not be approved. Child molestation? Armed robbery? Drug smuggling? Terrorist activity?

[rraypo 3]

Hi and thanks. Nothing has been approved as we have not heard anything at all from the USCIS. She came in as a B-2 Tourist and is still here legally, not yet over-staying her I-94. But, her I-94 expires tomorrow, right at the 6 month maximum. I have read and know all about the I-485A for people that have overstayed their I-94 before their file their I-130, but we did indeed Express mail our package to the Chicago Lockbox prior to her I-94 expiring and have the tracking data to show that, so we filed while she was still "valid" to use their terminology.

[rraypo 3]

God, I do love your humor and I still love your photo on here.

Let me get on-line with my bank and check on my checks, all of three of them. One for $355, one for $80 and one for $910

My lady was not so current on her shots and the medical here in Bend Oregon also cost me about $600

[Harpa Timsah 13,258]

485a doesn't apply to immediate relatives of US citizens, so just forget about that. If your last two checks were really for $910 and $80 then you paid the wrong amount and it will be refused and sent back to you. (I hope it's just a typo! Should be for $930 and $80) But I don't see anything that you can do at this point to avoid a few days of overstay. It won't really change the outcome of anything in the long run.

EDIT: An initial refusal is not a denial... just means you have to do it over... no penalties except a bit of lost time.

Edited October 28, 2010 by Harpa Timsah

[rraypo 3]

God, you're right, it was $930 and $80, plus the $355 and the Medical. Been getting kind of punchy with all the numbers flying around. Thanks

485a doesn't apply to immediate relatives of US citizens, so just forget about that. If your last two checks were really for $910 and $80 then you paid the wrong amount and it will be refused and sent back to you. (I hope it's just a typo! Should be for $930 and $80) But I don't see anything that you can do at this point to avoid a few days of overstay. It won't really change the outcome of anything in the long run.

EDIT: An initial refusal is not a denial... just means you have to do it over... no penalties except a bit of lost time.