Tourist just married to PR who just filed for naturalization

[jdh 103]

Given the incompetence I have run into with border patrol (lived on a border town for most of my life) - I have no desire to cross the border until I receive approval on my petition and everything is entirely done.

[ezzie 7]

Given the incompetence I have run into with border patrol (lived on a border town for most of my life) - I have no desire to cross the border until I receive approval on my petition and everything is entirely done.

Im thinking she better just stay until the husband gets his Cert of Naturalization. I guess that's more practical. I know there will be harsh comments, but she'll be the one to decide anyway.

Edited March 7, 2012 by ezzie

[jaycali 415]

just for my understanding, based on what precedent is Advance Parole no good in case of an overstay?

Anyone?

On the precedent that until she's an LPR, the overstay will still incur a 3/10 year bar if she leaves. The bar is only in effect when she tries to enter at a POE or when she tries to apply for a new visa outside the US. AP does not guarantee anyone re-entry, and if a 3/10 year bar is in effect, her AP won't matter.

To the OP. She probably has a good chance of making it just fine if she stays, waits til he's naturalized and then file AOS. I personally would probably leave and do it the safe and legal way just because it's safe and legal. That's just me. I sleep better at night if I know that everything is being done right - Even if it means waiting 6 - 10 months.

That being said, I got married a year ago while I was a student, in status and could have easily filed for AOS. We chose not to for financial reasons and because we had planned to live in my country for a couple years. Those plans changed, and now I wish we would have just filed AOS.

[Brother Hesekiel 2,236]

First . . . he will never receive a Certificate of Citizenship. If she gets pregnant before she gets deported from the U.S., then their child will be able to get a Certificate of Citizenship based on an N-600K petition. At this point her husband has not even filed for naturalization, less do any of us know if and when it will be approved. I have a friend who is waiting for over 6 years now, based on a clerical error that happened 12 years earlier.

What she should do is leave the U.S. before she accrues overstay. Her husband can file an I-130 for her today, even as a Green Card holder. Once he has become a U.S. citizen, the petition will be updated to that of an immediate relative of a U.S. citizen and from that point on she will barely have enough time to tie up loose ends, sell everything at home, and pack her bags.

[ezzie 7]

First . . . he will never receive a Certificate of Citizenship.

Why would you think this?

What she should do is leave the U.S. before she accrues overstay. Her husband can file an I-130 for her today, even as a Green Card holder. Once he has become a U.S. citizen, the petition will be updated to that of an immediate relative of a U.S. citizen and from that point on she will barely have enough time to tie up loose ends, sell everything at home, and pack her bags.

This is the best thing for her to do, actually, since she has a very good job still in her country..instead of waiting here and wasting time. Well, for me, anyways..

Edited March 10, 2012 by ezzie

[Dakine10 5,452]

wrong!

it doe make a difference, because the overstay will be not forgiven. from the time her visa expires until he gets the US citizenship, there will be most likely a overstay while he was and LPR. this time doesn't count as forgiven overstay, because be will become a citizen! there are some potential problems coming forwards her, if he decides to stay here in the US. if they deny her application because of the overstay, she probably already passed the ban-free time!

If they file the AOS after the husband becomes a USC, her overstay will be irrelevant. The fact that that overstay occurred while he was a LPR will also be irrelevant.

The uncertainty is her being out of status between the time her tourist visa expires and the time she can adjust status.

[ezzie 7]

If they file the AOS after the husband becomes a USC, her overstay will be irrelevant. The fact that that overstay occurred while he was a LPR will also be irrelevant.

The uncertainty is her being out of status between the time her tourist visa expires and the time she can adjust status.

Given the timeline, her being out of status will only be A MONTH, or even less, actually. This is assuming the husband's process will be smooth-sailing, which would seem like so.

[Counselorette 2]

Plan A - she stays here and gets married. First, there a problem of unlawful presence. If she overstays for less than 180 days, then no unlawful presence, but it could be considered if she ever needs to apply for another visa. If she overstays for more than 180 (but less than 365) days, then there likely will be a 3 year bar. Overstaying for more than a year - a 10 year bar. If she gets married, and her husband becomes a US citizen, then as a spouse of a US citizen, the overstay will be forgiven, and if everything goes well, she will get her green-card, and will forget about her unauthorized stay. But what if he does not become a citizen? What if they reconsider and will end up breaking up with each other before she gets the green-card? She will be in trouble due to her overstaying.

Plan B - she goes back to her country, and her husband gets her the green-card through the consular processing. They will be separated (if he does not stay there with her), but even if they get divorced, she was never in violation of the US immigration laws.

Hope this helps,

Anna

[Dakine10 5,452]

Given the timeline, her being out of status will only be A MONTH, or even less, actually. This is assuming the husband's process will be smooth-sailing, which would seem like so.

I agree. I also think if something unusual starts to happen with her husbands citizenship timeline, they probably will have a good idea before the tourist visa expires. If it was me, I would make my final decision at that time, but in the mean time, I would be getting my paperwork ready to file.

[Rebecca Jo 1,962]

Given that her visa expires in May, I'd probably wait it out and see if his natz app is going to be OK.

He's already filed and these days it's taking about 4 months from start to finish on Naturalization. So if things go as they have been, he should have his ceremony by July at the latest. At that time she will have a couple of months overstay, so she's still not subject to the ban. If things aren't looking speedy for his naturalization, then she should go home and he can file for her later on.

Essentially two choices; 1) Return home and wait for an immigration visa (the legal and safe way), or 2) remain in the US as a visa overstay with the knowledge that she could be arrested and deported until she gets her Advance Parole when her US citizen husband files for her.

Wrong on so many levels.

[Rebecca Jo 1,962]

To the OP. She probably has a good chance of making it just fine if she stays, waits til he's naturalized and then file AOS. I personally would probably leave and do it the safe and legal way just because it's safe and legal. That's just me. I sleep better at night if I know that everything is being done right - Even if it means waiting 6 - 10 months.

That being said, I got married a year ago while I was a student, in status and could have easily filed for AOS. We chose not to for financial reasons and because we had planned to live in my country for a couple years. Those plans changed, and now I wish we would have just filed AOS.

It is safe and legal to adjust status via marriage to a US citizen.

As you mention, plans can change. US immigration doesn't make planning any easier. Each person should decide for themselves what level of risk they are comfortable with inside the confines of the law.