Very stressed out- Need some advice

[stevie b 141]

DO THE TRANSLATION YOURSELF AND SEND IT

[Ceilla 7]

Well i was going to file them concurrently but i485 isn't ready yet, my wife is waiting for her translated birth certificate and i don't think i should delay it anymore. So i'm sending i130 tommorrow.

I agree a good Christian will never do that thing. They are a crazy Christian. A true Christian always believe in LOVE, not hurting others and we respect every differences

Goodluck. I hope things will be better soon for you and your wife and you guys can lives happy than ever.

Edited June 12, 2013 by Ceilla

[Juliet and Steve 93]

You appear to have two clear choices. 1) Your mom and your cussing sister or 2) Your wife. Simple.

Many decades ago my live in girlfriend who later became my wife (and much later ex-wife) took me to see her parents. They were infuriated that we lived together and made it exceedingly clear by their attitude to me.

Returning home I explained to my gf that she was to tell her parents that they would never be welcome in my house, that they would never see their grandchild and they would never see me (though she was free to go visit them (without our child, if we had one) if she wanted to. I also explained that if they wanted to change this they must agree to change their attitude.

A couple of years went by with "dead air" (no communication) and then one day they did a complete reversal and we became good friends.

It seems to me that it may be your inability to put your foot down on this nasty treatment that's distressing your wife.

[aaron2020 11,651]

A technicality with no meaningful distinction. If the OP is in a panic, there's no reason not to go ahead and file without the birth certificate. Just be prepared for the RFE when it comes, because it will.

Really no meaningful distinction?

So, she's simply an overstay? Safe for 180 days?

What is the difference between a person with an expired I-94 and a border hopper?

Nothing. Both can be picked up by ICE.

The 180 days is about the ban upon leaving the US.

Read the regulations. After 180 days of unlawful presence, an adult is subject to a ban upon leaving the US. Those are still 180 days of unlawful presence. No protection from US immigration.

The 180 days does not grant her any rights or prorection from US immigration while she is in the US.

-----------

OP,

Please don't panic after reading this. I am addressing Pushbrk's assertion of the 180 days as anything special for the person with an expired I-94.

Your wife's situation is much better. She is married to a USC who can adjust her status.

For a visa overstay without the ability to adjust, that person is here illegally as soon as the I-94 authorized time in the US expires. Unauthorized time = illegal stay no matter what.

Edited June 12, 2013 by aaron2020

[pushbrk 13,133]

A meaningful distinction (IMO) is the difference between "won't be" and "will be". In this case, "can be" is irrelevent because of the reality of "won't be".

[aaron2020 11,651]

A meaningful distinction (IMO) is the difference between "won't be" and "will be". In this case, "can be" is irrelevent because of the reality of "won't be".

So, she's not a visa overstay until 180 days?

Your stance is that she is not a visa overstay.

That's just plain wrong.

The 180 days of UNLAWFUL PRESENCE only deals with a ban upon leaving the US.

There is no magic 180 days after her I-94 expires where she has any legal status in the US.

Here, there is a special circumstance where she can adjust based on her marriage. However AP is not available because she is a visa overstay.

Please explain to me what's the legal status of a person with an expired I-94 and 1 to 179 days of unlawful presence?

[Hypnos 6,578]

I think the overstay law is quite clear, both in general terms and with regards to this specific case.

Try arguing with ICE about whether an overstay is or is not subject to detention and deportation at any time and see where that gets you.

This isn't directly related to the OP's issue, but we should try to have accurate information on this site wherever possible, and posters stating that overstays are not considered illegally present are factually in error.

[Brian & Sil 1]

I think you will not need, but if you need, here is a great immigration attorney:

https://www.facebook.com/pages/Lizz-Cannon-Atty-at-Law/154686371221660

Do not believe that your mother will have no success and not let it affect your marriage

good bless both us

[pushbrk 13,133]

So, she's not a visa overstay until 180 days?

Your stance is that she is not a visa overstay.

That's just plain wrong.

The 180 days of UNLAWFUL PRESENCE only deals with a ban upon leaving the US.

There is no magic 180 days after her I-94 expires where she has any legal status in the US.

Here, there is a special circumstance where she can adjust based on her marriage. However AP is not available because she is a visa overstay.

Please explain to me what's the legal status of a person with an expired I-94 and 1 to 179 days of unlawful presence?

No, that's not my stance. My stance is that the overstay, as a practical matter, is meaningless to this couple because there will be no consequences. "Will be NO consequences" is the point.

[pushbrk 13,133]

I think the overstay law is quite clear, both in general terms and with regards to this specific case.

Try arguing with ICE about whether an overstay is or is not subject to detention and deportation at any time and see where that gets you.

This isn't directly related to the OP's issue, but we should try to have accurate information on this site wherever possible, and posters stating that overstays are not considered illegally present are factually in error.

It's theoretically possible for the overstay to become an issue to argue (and lose the argument) with ICE. However, the chances of ICE ever becoming involved are so slim, it's a distinction that is not really relevent. Note, I'm acknowledging the "distinction", not denying it. It's just not going to be an issue for these people.