What wife of an LPR can do to stay legally in US?

[Dr_LHA 3]

I heard also that filing I-130 as a GC holder take too long, especially when I should have citizenship interview in less than a year. I'd rather wait with I-130 (+ biometrics) and I-485 until I become a citizen.

Yes, I think this is the best option, plus if your wife is in the country, you can file I-130 and I-485 concurrently.

Guys, what's the trick with K-3 visa? I thought that if I have a citizenship my wife would almost instanlty (3 months or so) receive a GC. why should I file K-3 papers?

Because she's not legally in the USA right now (OK, she has B-1 but that doesn't allow immigration intent) and certainly won't be by the time you get your citizenship. You have two choices, either she stays as an illegal and risks deportation and banning from the country until you get your citizenship and can file I-130/I-485 for her, or she returns to her home country and when you get your citizenship, you file for a K-3 visa for her to legally enter the USA.

she is still in process of extending (I-539) her tourist visa for the second time. how do you bet? what are the chances the she can get it considering the fact we got married on Sep 25th this year?

Depends, if USCIS knows that you're married and decide that she has immigration intent, then she most likely won't get the B-1 visa. You're in a particularly annoying limbo right now. Sadly I don't know what you can do to avoid it other than having a lengthy period of separation or having your wife illegally in the US.

Edited November 27, 2006 by dr_lha

[FeniX 0]

Fenix ... no there is no such thing as a instant greencard for your wife..

once you file your I130 and receive Noa1 for it (after your citizenship) youwill be able to file for the I129f (k3)

the K3 is designed to get your spouse to the USA as fast as possible. this visa came about when delays processing the I130 where moving into years not months...

however, if your wife enters on a K3 she will then have to AOS.. adjust her status here in the states.

no bets on your wifes extension... just hope and pray that she does.

I think I lost it a little

So far we thought that after I become a citizen and I file on her I-130 (Petition for Alien Relative + G-325A biometrics of both of us), so my wife receives a visa number with no wait line as she is an immediate relative of an USC.

Than she files I-485 (Application To Register Permanent Residence or Adjust Status)... and gets the green card sent either to her address in USA or overseas US consulate.

Of course I understand that K-3 visa can get her back to USA once her tourist visa expires and she is forced to go back to Poland. However can I file all of above apps simultaneously ?

Thanks.

[Dr_LHA 3]

I think I lost it a little

So far we thought that after I become a citizen and I file on her I-130 (Petition for Alien Relative + G-325A biometrics of both of us), so my wife receives a visa number with no wait line as she is an immediate relative of an USC.

This is true if she is in the USA when you file I-130/I-485. You do not have to wait for a visa number, and hence you can file I-485 with I-130 concurrently. However that doesn't mean she instantly gets a visa.

Than she files I-485 (Application To Register Permanent Residence or Adjust Status)... and gets the green card sent either to her address in USA or overseas US consulate.

No, she has to be present in the USA to get the green card if you are in the USA also. You can do a direct consular filing only if you both permenantly live in Poland I believe.

Of course I understand that K-3 visa can get her back to USA once her tourist visa expires and she is forced to go back to Poland. However can I file all of above apps simultaneously ?

No. K-3 first, then after she arrives, the Green Card app.

[FeniX 0]

I think I lost it a little

So far we thought that after I become a citizen and I file on her I-130 (Petition for Alien Relative + G-325A biometrics of both of us), so my wife receives a visa number with no wait line as she is an immediate relative of an USC.

This is true if she is in the USA when you file I-130/I-485. You do not have to wait for a visa number, and hence you can file I-485 with I-130 concurrently. However that doesn't mean she instantly gets a visa.

OK, this one is clear. however I wasn't aware it works only when she stays in USA.

However now my wife tries to extend her B1 visa (2nd attempt after 1st successfull) and USCIS knows nothing about our marriage, since we have not sent yet the I-130 form or anything else confirming that we got married. The only thing we want to achieve is to stay longer together (legally of course) with my wife's intention to go back to Poland once the visa expires or the extension is declined.

Than she files I-485 (Application To Register Permanent Residence or Adjust Status)... and gets the green card sent either to her address in USA or overseas US consulate.

No, she has to be present in the USA to get the green card if you are in the USA also. You can do a direct consular filing only if you both permenantly live in Poland I believe.

So at this point she will need I-130 and I-129F (K-3) in progress, because than I will be a citizen who tries to bring his spouse to USA.

Finally it all clears up.

Of course I understand that K-3 visa can get her back to USA once her tourist visa expires and she is forced to go back to Poland. However can I file all of above apps simultaneously ?

No. K-3 first, then after she arrives, the Green Card app.

OK, seems to be simple.

Just one question:

Should I file I-130 on my wife before I apply fo a citizenship or not? anyway I will have to admit in N-400 app that I have a wife who stays overseas, and I think it would be seemed well if there is I-130 petition pending on her...

I understand that the other way (wife stays illegally in USA) is wrong, since my USC may be declined because of this.

[Dr_LHA 3]

Just one question:

Should I file I-130 on my wife before I apply fo a citizenship or not? anyway I will have to admit in N-400 app that I have a wife who stays overseas, and I think it would be seemed well if there is I-130 petition pending on her...

I think the I-130 will just sit on the shelf until her priority date comes up (many years from now) or until you upgrade the petition when you get your citizenship. I can't see any good reason to file before you're a USC.

I understand that the other way (wife stays illegally in USA) is wrong, since my USC may be declined because of this.

I'm not sure that there is any evidence of this happening, but I guess it could do. Probably best not to chance it.

[rebeccajo 14]

This may be a good question for an immigration attorney, though I have read that overstays tend to be forgiven at Adjustment of Status for your spouse, but what if the deny you citizenship for harboring someone illegally overstaying a visitors visa?

Overstays are generally forgiven for marriage to a USC. Not an LPR.

[Dr_LHA 3]

Overstays are generally forgiven for marriage to a USC. Not an LPR.

The OP will be a USC by the time they submit AOS though. At that point the overstay will be forgiven. The problem is that it might be 6-9 months before the OP even can file for AOS for his wife and anything could happen in that time.

[rebeccajo 14]

Overstays are generally forgiven for marriage to a USC. Not an LPR.

The OP will be a USC by the time they submit AOS though.

Really? Are you aware that Natz has glitches just like AOS? Where do you think the legal precedent is for Writ of Mandamus? It's not with Adjustment of Status cases - it's with naturalization cases.

[Dr_LHA 3]

Really? Are you aware that Natz has glitches just like AOS? Where do you think the legal precedent is for Writ of Mandamus? It's not with Adjustment of Status cases - it's with naturalization cases.

99% likelihood is that the OP will be a citizen before the priority date for the F2A category comes up, given that the current priority date is 4 1/2 years ago. Sure, his citizenship could be held up, but its a slim chance of that happening compared to the definite 4-5 year wait on getting an I-130 as an LPR approved.

For one thing, the OP would be able to sue for citizenship much quicker than the F2A category comes up.

Edited November 27, 2006 by dr_lha

[FeniX 0]

Really? Are you aware that Natz has glitches just like AOS? Where do you think the legal precedent is for Writ of Mandamus? It's not with Adjustment of Status cases - it's with naturalization cases.

99% likelihood is that the OP will be a citizen before the priority date for the F2A category comes up, given that the current priority date is 4 1/2 years ago. Sure, his citizenship could be held up, but its a slim chance of that happening compared to the definite 4-5 year wait on getting an I-130 as an LPR approved.

For one thing, the OP would be able to sue for citizenship much quicker than the F2A category comes up.

Hmm. I am unsure if I follow the discussion completely. Does above mean that it would better (and faster) for my wife to overstay her visa and wait in USA until I become a USC? what if USCIS denies my natz process because my wife is illegally in USA? can they use this fact against me?

You know, it would be much easier for a family to stay together, than to get separated for who knows how long...

I will apply for USC in March 2007, so probably by September '07 I should be an USC if everything goes right. I heard that now USCIS even faster processes N-400 forms. Anyway we need to know now what course of action my wife should take.

[Dr_LHA 3]

Hmm. I am unsure if I follow the discussion completely. Does above mean that it would better (and faster) for my wife to overstay her visa and wait in USA until I become a USC? what if USCIS denies my natz process because my wife is illegally in USA? can they use this fact against me?

You know, it would be much easier for a family to stay together, than to get separated for who knows how long...

I will apply for USC in March 2007, so probably by September '07 I should be an USC if everything goes right. I heard that now USCIS even faster processes N-400 forms. Anyway we need to know now what course of action my wife should take.

We can't tell you what to do, but we can tell you your choices are:

1. Your wife stays in the USA illegally until you can file AOS for her as a USC. This way you may risk your USC status if USCIS gets wind of the fact that you a married to an illegal alien. Also she may get deported and banned from re-entering the USA for 3-10 years.

2. Your wife returns to Poland, you get USC, get a K-3, she comes to the USA and everything is legal and above board. Downsides: forced to remain apart for a long time.

3. File for your wife as a LPR, and have to wait 4-5 years for the I-130 to be approved. Personally I don't think this is worth it if you are close to being able to apply for citizenship.

Personally, I would be considering talking to a lawyer right now.

Edited November 28, 2006 by dr_lha

[FeniX 0]

OK. Thank you for your opinions.

[rebeccajo 14]

*sigh*

Marrying BEFORE you are a USC, even if you are one at the time you file her AOS, banking on forgiveness of her overstay........

See anything there that might create a possible glitch?

[FeniX 0]

*sigh*

Marrying BEFORE you are a USC, even if you are one at the time you file her AOS, banking on forgiveness of her overstay........

See anything there that might create a possible glitch?

could be more concrete? sorry, but I do not fully understand what you are trying to say.

3. File for your wife as a LPR, and have to wait 4-5 years for the I-130 to be approved. Personally I don't think this is worth it if you are close to being able to apply for citizenship.

Anyway this option would change due to becoming an USC and upgrade of I-130 petition by filing it again under new conditions (as citizen not an LPR), so the timeframe would be almost the same as for the UCS's filing I-130.

[Killer_Clown_2009 0]

Fen, I've been looking around for some information for you, but I still think you should contact a lawyer.

Your wife didn't enter the US "without inspection", therefore she is not "illegal".

Even if she overstays her tourist visa, she would be considered A> out of status B> unlawfully present.

I don't think having your out of status wife continue to reside with you is considered "harbouring an illegal".

I think that pertains to helping someone who entered the US without inspection.

I personally don't see that her being out of status should affect your citizenship application, but again that is just my opinion. I will let you know if I find anymore information.

Edited November 28, 2006 by jane2005