US citizen married immigrant on B2 out of status

[DAVIS26 1]

just recieved our NOA for i-130, EAD, and AOS! thank you VJ!

[femmefatality 0]

Quick question on an outdated post!

My husband and I are preparing to concurrently file his i-130 & i-485.

He entered legally on a valid B2 visa as a tourist / visitor.

He extended his stay and was approved until February 2013, one month from now.

We are rushing to file everything before he falls out of status, but I don't think we will make it in time (all kinds of complications have arisen).

Will he be considered illegal and risk deportation if he stays? Does filing the forms before his status expires ensure he is allowed to be here? We are so confused!

[inqztve 42]

You can get techical all you want. The U.S. government could care less about the technicality of it all. Fact is she has been here out of status/illegally for almost a year which will result in a 10 year ban. That ban will occur when she files for the greencard and/or AP, as it will become apprent to them, or she leaves.

INCORRECT: Overstay and work without authorization are forgiven if AOS is filed for a spouse of USC but such situations must be declared in the petition. This is an extra benefit for being married to a USC. However, if she leaves the country while AOS is pending then it becomes an issue. so, it's best she waits till she gets her green card to travel outside of US

Let's not play semantics here mkay. She will receive the ban no matter what she files for, as it becomes apparent she overstayed illegally, regardless of what she files for.

Besides, we don't know the whole story about the B-2 visa and then getting married. USCIS could cite them with immigration fraud as well. This case isn't as simple as "File for a greencard and it's all ok". It's all clearly spelled out on the U.S. State Department Website on what can/will occur due to visa overstay/out of status.

I agree I don't know the whole story. But, if the marriage is bona fide and there is no other violation other than overstay, there is NO reason why AOS will not be approved for the spouse. It's not the same for other relatives though.

Edited January 11, 2013 by inqztve

[inqztve 42]

Quick question on an outdated post!

My husband and I are preparing to concurrently file his i-130 & i-485.

He entered legally on a valid B2 visa as a tourist / visitor.

He extended his stay and was approved until February 2013, one month from now.

We are rushing to file everything before he falls out of status, but I don't think we will make it in time (all kinds of complications have arisen).

Will he be considered illegal and risk deportation if he stays? Does filing the forms before his status expires ensure he is allowed to be here? We are so confused!

Yes, it will be considered illegal. However, it's forgiven for a spouse of a USC after AOS is filed.