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I-130. Does out of status in US = illegal in US?

By STRIXO in Adjustment of Status from Work, Student, & Tourist Visas

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STRIXO Rookie

STRIXO   1

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Filed: AOS (apr) Country: Canada
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I have been employed by the same employer for 4 years but it was seasonal work. I stayed in the US in between contracts to be/live with my wife to be - just married last January - with an unexpired I-94, but I was laid off then.

Now, I'm applying for permanent residency through marriage and I'm concerned (raised by an immigration lawyer friend) that I might have been out of status then and that I may be in trouble for not being allowed to stay after being laid-off. Can I face 3-10 years bar is the US for that? Again I never stayed after any of my TN expiration date.

Thank you,

Tony

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jaycali Experienced

jaycali   415

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Posted (edited)

No, even if you are out of status, unless you leave the US, the 3/10 bar will not affect you if you're married.

DO NOT leave the US under any circumstance if you've overstayed. You could trigger a bar.

Edited by jaejayC
Boiler Grand Master

Boiler   46,232

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Filed: K-1 Visa Country: Wales
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Posted

Agreed

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

STRIXO Rookie

STRIXO   1

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Filed: AOS (apr) Country: Canada
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No, even if you are out of status, unless you leave the US, the 3/10 bar will not affect you if you're married.

DO NOT leave the US under any circumstance if you've overstayed. You could trigger a bar.

Thanks a bunch for you reply!

In 12 years of being admitted in the US as a Canadian professional - with a TN/I-94, I overstayed once for a period totalizing 4 DAYS. I actually handed the TN to a US border officer in Mexico and he thanks me for taking care of surrendering the document. No more comments on that from them. Then I came back a month later and got this TN I currently have again with no comments on my 4 days overstay. So really no issue on overstaying. Correct? On the other hand, I just wanted to make sure that staying in the US after being laid off while on a non-expired I-94 will not put me in trouble.

Now, I filed forms I-130 and G-325 but haven't sent them yet - afraid that I could get the 3/10 year bar for reason that we now know. Also, I was advised by the US consulate in Montreal to not file a I-485 concurrently since I'm currently on a TN/I-94. I was told that I would have to go for an interview in Montreal so that I would be proving to them that I really had no intention in staying in the US while getting my last TN/I-94. I feel it's a quick and good path to take. Now the next big Q is, again, staying after being out of status - being laid off while still on an unexpired TN - could that be ground for rejecting my I-130?

Also how scrutinized is the G-325? Last time I stayed for over a year in Canada was in 2001. I'm a field Biologist and moved all over the Americas ever since. Also, my wife and I are currently moving around for field jobs and we have no idea where we are going to end up in 6 months. Even less for the next two years.

I really want to send these form asap and get the work done while I"m still in status with my work here.

Thanks,

Tony

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

1. Are you presently in the US?

2. Have you left the US since your last entry? If so, when?

3. When did you last enter?

4. When did you marry?

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

STRIXO Rookie

STRIXO   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

1. Are you presently in the US? I'm in the US with a valid TN/i-94

2. Have you left the US since your last entry? If so, when? I left the US to get the TN in March 2012.

3. When did you last enter? March 2012.

4. When did you marry? January 2012.

STRIXO Rookie

STRIXO   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

I'm filling I-130 and was wondering if being out of status means that I was staying illegally in the US and that it may be ground for rejection of my application.

I have been employed by the same employer for 4 years but it was seasonal work. I stayed in the US in between contracts to live with my US wife to be - just married January 2012 - with an unexpired I-94. Every time I believe I may have been out of status since I had been laid off. Correct? I never overstayed. Again my TN was still good for 6-8 months every year.

Now, I'm applying for permanent residency through marriage and I'm concerned (raised by an immigration lawyer friend) that I might have been out of status then and that I may be in trouble for not being allowed to stay after being laid-off. Can I face 3-10 years bar is the US for that? Again I never stayed after any of my TN expiration date.

Thank you,

Tony

STRIXO Rookie

STRIXO   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

Q:Are you presently in the US?

A:I'm in the US with a valid TN/i-94 until March 2013

Q:Have you left the US since your last entry? If so, when?

A:I left the US to get the TN in March 2012.

Q:When did you last enter?

A: March 2012.

Q:When did you marry?

A: January 2012.

Thanks for your reply,

Tony

Boiler Grand Master

Boiler   46,232

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Stay and adjust through Marriage.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

*Moved from Work Visa forum to Adjustment of Status - Work, Student, Tourist forum*

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

Not quite sure about out of status or not but it won't affect your aos because it is forgiven for USC spouse

You may want to NOT leave till your aos is complete.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

STRIXO Rookie

STRIXO   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

Not quite sure about out of status or not but it won't affect your aos because it is forgiven for USC spouse

You may want to NOT leave till your aos is complete.

Thanks for your reply.

I filed forms I-130 and G-325 but haven't sent them yet. Also, I was advised by the US consulate in Montreal to not file a I-485 concurrently since I'm currently on a TN/I-94 until March 2013. I was told that I would have to go for an interview in Montreal so that I would be proving to them that I really had no intention in staying in the US while getting my last TN/I-94.

Also how scrutinized is form G-325?

 
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