Marrying girlfriend who is in US and pending annulment

[jimmynug 13]

You are incorrect....

They are planning to file AOS, she won't be leaving the US. Re-entry ban for overstay is triggered when the Alien leaves the US. Since she won't be leaving prior to receiving her Greencard I can safely say the any overstay is irrelevant.

Once AOS is filed then her status will be one of someone with a pending applicant and she will be legally present awaiting its adjudication. The important thing is that she entered the US legally, as the spouse of a US Citizen she doesn't have to maintain legal presence for the duration of her stay prior to filing AOS.

Once the AOS is filed you are absolutely correct, provided she doesn't leave the country. As long as it is done before the expiration of the Visa. Sorry thought I made this clear in my other post What happens in the time frame between visa expiration and filing of the AOS if not done before expiration of Visa. She will be on the overstay list (doesn't matter for AOS). If here name is never ran through the list, everything is fine. If it is, then there be could be problems. To me a problem makes things relevant, but we each have our own idea of what relevance is. Let me give an example of what I mean: visa expired, petition not filed yet, wife pulled over by police and name run, shows overstay, wife hauled down to police station, immigration called. Now this can certainly be straightened out, but to me it's a problem=relevant. But it certainly might not be relevant to you or someone else. I do agree 100% that the end result will be the same. I guess whether it is relevant or not really just depends on the OP and his girlfriend.

Edited December 31, 2011 by jimmynug

[I AM NOT THAT GUY 5,715]

Once the AOS is filed you are absolutely correct, provided she doesn't leave the country. As long as it is done before the expiration of the Visa. Sorry thought I made this clear in my other post What happens in the time frame between visa expiration and filing of the AOS if not done before expiration of Visa. She will be on the overstay list (doesn't matter for AOS). If here name is never ran through the list, everything is fine. If it is, then there be could be problems. To me a problem makes things relevant, but we each have our own idea of what relevance is. Let me give an example of what I mean: visa expired, petition not filed yet, wife pulled over by police and name run, shows overstay, wife hauled down to police station, immigration called. Now this can certainly be straightened out, but to me it's a problem=relevant. But it certainly might not be relevant to you or someone else. I do agree 100% that the end result will be the same. I guess whether it is relevant or not really just depends on the OP and his girlfriend.

[I AM NOT THAT GUY 5,715]

Once the AOS is filed you are absolutely correct, provided she doesn't leave the country. As long as it is done before the expiration of the Visa.

She can still leave the country after the AOS is filed, and she receives AP, along as she didn't overstay by more that 180 days, no problem. If she overstayed more than 180 days, she might have a problem. AP is not a guarantee of reentry. She shouldn't travel in the US between the times her J-1 visa expired, and when her EAD/AP arrives, especially in places like Arizona, and a few of the Southern states. I would avoid the border regions as well, say along I-10 in the south, and I-90 in the north. But, being a Filipina hanging with a Kano, I doubt she would run into any problems with ICE, or even internal CBP checkpoints.

EDIT TIMEOUT

[Deputy Purple 1,294]

Once the AOS is filed you are absolutely correct, provided she doesn't leave the country. As long as it is done before the expiration of the Visa. Sorry thought I made this clear in my other post

You clearly barely know what you are talking about and have trouble expressing your thoughts as you really haven't made anything clear in your previous posts...

First the expiration of her Visa has nothing to do with her authorized stay. The Visa only allows entry into the US, the I-94 issued at entry governs authorized stay. For example a US Tourist Visa is commonly issued as a 10 year multiple entry Visa but at each entry an I-94 authorizing a 6 month stay is usually issued. The Visa could be used within a few days of expiration with an I-94 resulting in an authorized stay allowed several months after the actual Visa expires. Conversely (and more commonly) the I-94 generally expires a long time before the Visa does.

As for your "She'll get swept-up by immigration" theory, while it's a slight possibility the reality is unless she's traveling within 100 miles of the US/Mexican Border it's highly unlikely. Add to that the current Administration's directive to ICE to focus on deportations of criminals and basically catch & release those without a record and you'll see that the risk is minimal.

The OP didn't indicate that they are planning on waiting an unnecessary amount of time so there really isn't a need create a false sense of urgency for them.

[jimmynug 13]

You clearly barely know what you are talking about and have trouble expressing your thoughts as you really haven't made anything clear in your previous posts...

First the expiration of her Visa has nothing to do with her authorized stay. The Visa only allows entry into the US, the I-94 issued at entry governs authorized stay. For example a US Tourist Visa is commonly issued as a 10 year multiple entry Visa but at each entry an I-94 authorizing a 6 month stay is usually issued. The Visa could be used within a few days of expiration with an I-94 resulting in an authorized stay allowed several months after the actual Visa expires. Conversely (and more commonly) the I-94 generally expires a long time before the Visa does.

As for your "She'll get swept-up by immigration" theory, while it's a slight possibility the reality is unless she's traveling within 100 miles of the US/Mexican Border it's highly unlikely. Add to that the current Administration's directive to ICE to focus on deportations of criminals and basically catch & release those without a record and you'll see that the risk is minimal.

The OP didn't indicate that they are planning on waiting an unnecessary amount of time so there really isn't a need create a false sense of urgency for them.

I am sorry if you don't understand "what is irrelevant to you is relevant to me". If you can't understand that, let me know and I'll try to explain it in a different way. Also, did you know that "You clearly barely know" from your first sentence is improper. However, it doesn't matter to me, I know what you were talking about, but it might matter to you. Anyway, have a good day!

[VanessaTony 3,567]

She does not have her permanent green card yet, only a temporary one.

There is no such thing as "temporary" greencard. It's "conditional" which is different. It's still the same as any other GC except it's valid for 2 year instead of 10 years (which the non-conditional is valid for).

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[I AM NOT THAT GUY 5,715]

There is no such thing as "temporary" greencard. It's "conditional" which is different. It's still the same as any other GC except it's valid for 2 year instead of 10 years (which the non-conditional is valid for).

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He is a little out of practice. According to his timeline, his Visa Journey stopped suddenly back in 2006 after getting an approved petition, but before being received at the embassy in Manila. No wonder he is so bitter, and out of touch.

[Deputy Purple 1,294]

I am sorry if you don't understand "what is irrelevant to you is relevant to me". If you can't understand that, let me know and I'll try to explain it in a different way. Also, did you know that "You clearly barely know" from your first sentence is improper. However, it doesn't matter to me, I know what you were talking about, but it might matter to you. Anyway, have a good day!

Um... Nope, not really worth giving you a real response...

BTW, "You clearly barely know" is just as valid as "It's clear that you barely know" but I understand that you were simply trying to debunk my response despite the fact that it was full of accurate information that (unlike your posts) is relevant to the OP and others in their situation...

Finally, relevance to you doesn't equal relevance to the OP. Since this thread is the OP's question regarding their situation the responses should be relevant to the OP, mine are.

Wait, I guess I did bother giving a real response after all...

[wilgrace 3]

Awesome! And who cares about what the Philippines, she's not going back anyway.

And fortunately for us there aren't any kids.

Who cares? You should, if her married is not annulled in Philippines and marrying her by just devorcing her marriage back in Phil. here in the US....later on you will be surprise if she is going to divorced you and pitition her husband back in Philippines....(i am just giving you a hint)

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Edited January 11, 2012 by wilgrace

[sunandmoon 450]

Who cares? You should, if her married is not annulled in Philippines and marrying her by just devorcing her marriage back in Phil. here in the US....later on you will be surprise if she is going to divorced you and pitition her husband back in Philippines....(i am just giving you a hint)

how would she be able to petition her ex-husband in the Philippines?

Edited January 11, 2012 by sunandmoon

[I AM NOT THAT GUY 5,715]

how would she be able to petition her ex-husband in the Philippines?

If she eventually becomes a USC and divorces the Kano, she would be free to marry in the eyes of the United States, but a bigamist in the eyes of the Philipines government, yet her ex in the Philippines would be free to marry in either country. I wonder what the US Embassy in Manila would make of that.

[sunandmoon 450]

If she eventually becomes a USC and divorces the Kano, she would be free to marry in the eyes of the United States, but a bigamist in the eyes of the Philipines government, yet her ex in the Philippines would be free to marry in either country. I wonder what the US Embassy in Manila would make of that.

ah... so the plan is to return to the Philippines to remarry her ex-husband... should be intersesting...

[Tahoma 2,292]

ah... so the plan is to return to the Philippines to remarry her ex-husband... should be intersesting...

Yup...that would be very interesting.

Her ex-husband in the Philippines would have to get an annulment! Otherwise, he wouldn't have a clean CENOMAR.

The embassy would have fun with that case!

Edited January 11, 2012 by Tahoma

[sunandmoon 450]

Who cares? You should, if her married is not annulled in Philippines and marrying her by just devorcing her marriage back in Phil. here in the US....later on you will be surprise if she is going to divorced you and pitition her husband back in Philippines....(i am just giving you a hint)

your post seems to be a reaction to what you feel is the OP's cavalier attitude. your scenario has some holes in it.

[TiklingGuy 211]

If she eventually becomes a USC and divorces the Kano, she would be free to marry in the eyes of the United States, but a bigamist in the eyes of the Philipines government, yet her ex in the Philippines would be free to marry in either country. I wonder what the US Embassy in Manila would make of that.

Does Philippine law stand inside the US Embassy? I would think based off American law if she was a naturalized citizen and was divorced to both she could remarry her husband in the philippines and petition him. I am not an expert, just curious.