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queen219

im married and my husband visa has lapsed for over 180 days omg!

By queen219 in Effects of Major Family Changes on Immigration Benefits

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Cathi
Cathi

no one could give you an answer because you left out the most important details about your husband's immigration status until 3 posts ago on this page. difficult for people to give advice without know

Darnell
Darnell

you say he has permanent resident status (perhaps a green card? ), but you also mentioned a visa. unless it's a work visa, a visa just allows one to come into the USA. Then it's either the I-94 or

Cathi
Cathi

you didn't state this in your original post, we aren't mind readers, how were we to know you have a child?

Inky Grand Master

Inky   1,111

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

Moved from spousal visa forums to effects of major family changes on immigration benefits as the OP is not filing for a spousal visa.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

queen219 Rookie

queen219   0

Posted
Filed: Other Country: Honduras
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Posted

I answered your question. The only way he can get a waiver is if he's married to or a parent of a USC. Since he has a child (I'm assuming the child is a USC?), he can get a waiver, BUT I'm pretty sure he has to leave the country to fix his legal status (maybe someone more knowledgeable on this subject can confirm this?). Over 180 days of overstay is a 3 year ban, and if he passes 1 year of overstay it's a 10 year ban, so if he plans to fix this problem, I'd tell him to get on it now.

...so if he goes back he has to stay the ban time and then come back?
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Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted (edited)

you say he has permanent resident status (perhaps a green card? ), but you also mentioned a visa.

unless it's a work visa, a visa just allows one to come into the USA. Then it's either the I-94 or an actual green card that governs the duration of stay, once arriving in the USA.

So, please tell us on what basis he entered the USA (tourist visa, work visa, K-1 visa, IR-1 or CR-1 visa)

and please tell us how he obtained a green card (Adjustment of Status vs Issuance because of IR-1 or CR-1 visa)

These things matter, as they be major points in a decision tree for 'what to do' in regards to immigration.

Also, if you know of a date expiring - what type of date is it? I-94 expiration date? green card expiration date? or something else?

Thanks in advance !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

queen219 Rookie

queen219   0

Posted
Filed: Other Country: Honduras
 Timeline
  • Author
Posted

you say he has permanent resident status (perhaps a green card? ), but you also mentioned a visa.

unless it's a work visa, a visa just allows one to come into the USA. Then it's either the I-94 or an actual green card that governs the duration of stay, once arriving in the USA.

So, please tell us on what basis he entered the USA (tourist visa, work visa, K-1 visa, IR-1 or CR-1 visa)

and please tell us how he obtained a green card (Adjustment of Status vs Issuance because of IR-1 or CR-1 visa)

These things matter, as they be major points in a decision tree for 'what to do' in regards to immigration.

Also, if you know of a date expiring - what type of date is it? I-94 expiration date? green card expiration date? or something else?

Thanks in advance !

Ok all i know is he came here when he was 13 and his card exspires after 13 years it said permint resident on it...could possibly be 365 days over... So it could have not been a work visa i saw his honduran passport he has a social security card he filed taxes matter of fact i filed them for him i hope. He did not falsify documents omg! Who the bleep?! Did i marry?

Boiler Grand Master

Boiler   46,102

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

If it is just his card that expired he is still a permanent resident, just does not have proof of it.

“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.”

Darnell Grand Master

Darnell   8,479

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

Ok all i know is he came here when he was 13 and his card exspires after 13 years it said permint resident on it...could possibly be 365 days over... So it could have not been a work visa i saw his honduran passport he has a social security card he filed taxes matter of fact i filed them for him i hope. He did not falsify documents omg! Who the bleep?! Did i marry?

Do you want ICE involvement, or no ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Darnell Grand Master

Darnell   8,479

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

depends on the court. depends on many different things, as well.

If an officer of the court thinks ICE should get involved, well, ICE will get some notice to step in.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Boiler Grand Master

Boiler   46,102

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

ICE seem more interested in releasing convicted criminals. I doubt very much from what you have posted ICE are a factor.

“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.”

Darnell Grand Master

Darnell   8,479

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

please tell us more about 'the card'.. Thanks in advance !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

It sounds like your husband has a Greencard (one that was good for 10 years). That means he is a Legal PERMANENT Resident. That means that even though his card expired, he is still a Legal PERMANENT Resident. His card expiring is not a big deal. He can just get a new one.

If he got his Greencard through his marriage to you, just in the last few years, then that would be different.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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