Possible AOS from B2?

[Deputy Purple 1,294]

Lol, I for one am not assuming that. I assume they will deny it. But it would be nice if it bought us a little extra time together before she returns.

Well, an overstay of less than 180 days won't impact the CR-1 Visa application. 3 months is about half that time.

[Journeyer 17]

Well, an overstay of less than 180 days won't impact the CR-1 Visa application. 3 months is about half that time.

The only other thing I am curious about is if I go ahead and file the I-130 shortly after the extension if that would cause issues...

[Deputy Purple 1,294]

The only other thing I am curious about is if I go ahead and file the I-130 shortly after the extension if that would cause issues...

Nope... In fact if she has the document you need for the I-130 (her birth certificate) then file the I-130 as soon after marriage (and you have the marriage certificate in hand) as possible.

Edited December 30, 2010 by Bob 4 Anna

[Journeyer 17]

Nope... In fact if she has the document you need for the I-130 (her birth certificate) then file the I-130 as soon after marriage (and you have the marriage certificate in hand) as possible.

Thanks. She has the birth certificate at her house, and we are having her son to get it translated and mailed to us asap, so may be a few days but we will have it.

[Journeyer 17]

If you decide to have another consultation with the lawyer, ask him what happens if CBP found something in her luggage that might be construed as evidence of preconceived intent. Perhaps a letter from you. Or maybe a document that would be needed for an AOS application, but generally not needed for a tourist visit. If he's an educated lawyer, he'll tell you that they can't deny for preconceived intent. Then ask him about her statement to the CBP denying that she lived in the US and intended to immigrate. Combined with evidence of preconceived intent, could that statement be construed as a material misrepresentation? Could the AOS be denied for this, and could she subsequently be banned for fraud?

The entire thing seems sort of odd now that I have talked to my wife a little more about what happened. They never looked in her bags. She checked 2 bags and both of them had locks, they were never opened unless they pulled some sort of Houdini act. I have read here and on other sites about people having their passports stamped with NO AOS, NO EOS, NO COS, etc... They didn't stamp anything in her passport except the entry date. The only evidence they could have is what she said, which mostly consisted of them saying she lives here and her telling them that she has to return to Brazil in April and trying to prove her strong ties to her country.

[NigeriaorBust 4,087]

If she had locks on her bags they had to be the FAA approved ones that you can open with a master key or they should have been cut off. One of those post 9-11 rules

[Deputy Purple 1,294]

If she had locks on her bags they had to be the FAA approved ones that you can open with a master key or they should have been cut off. One of those post 9-11 rules

But they are polite and leave a note in your bag if it's opened. Sometimes they even forget to re-lock them!

[Journeyer 17]

If she had locks on her bags they had to be the FAA approved ones that you can open with a master key or they should have been cut off. One of those post 9-11 rules

Yep, I forgot about that...

But they are polite and leave a note in your bag if it's opened. Sometimes they even forget to re-lock them!

In that case, we are sure that they were not opened.

Does anyone here know how to find out the processing time for an I-539 for extension of stay?

[JimVaPhuong 4,863]

But they are polite and leave a note in your bag if it's opened. Sometimes they even forget to re-lock them!

Usually true if the bags were inspected by TSA before being sent to the baggage carousel. Not necessarily true if they were inspected by CBP while she was in secondary inspection.

[Boiler 45,525]

I do not think it is published, a few months at least it would seem.

Usually true if the bags were inspected by TSA before being sent to the baggage carousel. Not necessarily true if they were inspected by CBP while she was in secondary inspection.

Then you would know if it happened.

[Journeyer 17]

Usually true if the bags were inspected by TSA before being sent to the baggage carousel. Not necessarily true if they were inspected by CBP while she was in secondary inspection.

Ah, I see. Thanks. There wasn't anything in them anyways, unless Brazilian coffee is grounds for misrepresentation. And since we are not planning to AOS, I hope it will become a moot point anyways.

[Journeyer 17]

I do not think it is published, a few months at least it would seem.

Then you would know if it happened.

Well, when she was in the 2nd inspection, it did not happen, no one opened the bags, or wanted to look in her purse or anything like that. That is why I find this whole thing so odd with the person being so mean and they did not make any effort to inspect her things or write anything in her passport. As a matter of fact, she told me that the only person she talked to that she noticed entering anything into a computer was the first person she spoke to before she got pulled into 2nd inspection. Of course the IO could have typed in something after she left, but she said the person only said 'I am giving you one month, blah, blah, blah and then called the next interrogation victim.

[Journeyer 17]

I do not think it is published, a few months at least it would seem.

What we were hoping for is that we could file for the extension and then she could leave before they even process it, so that she would not accrue out of status. There is processing time data on the website, but it is not easy to find. Right now all the centers are showing 2.5 months, except for the Vermont center, which is showing 4 months. So if I file it in the next couple of days we figure that would buy us an extra month at least. We're not real sure as what to put for the reason. There is the fact that I wanted to take her to meet some of the rest of my family that she has not yet met, which would be a 12-14 hour drive from here, and she wanted to visit one of her friends in TX before they cut her stay to 30 days. I am not sure about saying that she wants to meet more of her husbands family...

[Journeyer 17]

I am really starting to consider NOT using a lawyer. Since we are going to be going the CR-1 route, I am not really sure what would be so complicated that we can't do it ourselves. Seems like all the instructions are right here and that many others are doing it, so why not? I have talked to 3 of them now(lawyers), am out of $200 because of it, and everyone of them seemed to be uninformed or just plain crazy in one way or another.

[Journeyer 17]

It has been a long while since I last posted here. Last I was here I was considering filing an I-539 extension for my wife because they only gave her 30 days to stay when she entered. I filed the I-539 online Jan 12th, 2 days before her I-94 departure date. We received notice in March that they approved the extension on March 4th, along with her new I-94 for April 5th, the day we asked for her stay to be extended to. I have everything ready to submit the I-130 and G325-As. I will be doing that hopefully within the next week. I have had lots of things delay this but now I am close to getting it going. I will start posting my timelines here as soon as I mail everything. I have received lots of good help here with all this and I wish to return the favor as much as I can. My wife is back in Brazil 3 weeks now and I already miss her badly. I am hoping to go there around the first of August as I will have enough vacation days saved up to spend a few weeks. 4 months is the longest we have been apart since we met. I am hoping we don't break that record before she gets to come back.