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

[john_and_marlene 162]

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

I think you are wrong.

Overstaying is illegal. If you are out of status, then you are staying illegally. If you harbour someone that is staying illegally, then you are harbouring an illegal.

[rebeccajo 14]

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

I think you are wrong.

Overstaying is illegal. If you are out of status, then you are staying illegally. If you harbour someone that is staying illegally, then you are harbouring an illegal.

One can enter legally but fall out of status, which then becomes an illegal presence.

[JanaknJanet 0]

I am an LPR, as soon as in Feb 2007 I will apply for USC.

B ) my wife in currently on extended tourist visa in USA, now she tries to extend the B1 visa for the second time.

The part I am trying to understand is..

A) you married Sept 06 and you cant file for citizenship till Feb 07

1. she cannot adjust due to your status at least till you become USC

2. If she files for extension of B-1/B-2 post marriage wont she be considered fraud if she states her status as unmarried on her application? If she states married. then wont that put questions on the application thus showing immigration intentions?

Im sorry but it seems to me that the only option that wont be considered wrong. would be to have your honey return and once you get the USC you can apply for K-3... unless you choose to apply as LPR and she awaits for a visa Number.

If she applies for extension of the B1 without disclosing the marriage.. think about it.. once you do finally apply for AOS... wont they see the dates.. ohh. marriage Sept 06 file for extension of B1 for tourist.. unmarried Dec 06.. you get USC Jun-Aug 07.. only filed for Feb 07.. .. if they do grant her a extension of B1 possibly what 6 months? that will only get you till June.. if they never question anything.. she still is risking possibly being here outside her legal status .. as overstay .. if it takes longer for you USC to come in ..

[Dr_LHA 3]

What this all comes down to is the following:

Unlike H-1B and J-1 visas (for example), there is no "spouse visa" that allows a foriegn spouse to be with a Green Card Holder in the USA. IMHO this is wrong, but its the law and its not going to change any time soon.

People in this thread are trying to find ways around the law. However the law is the law, and bending or breaking in it can result in serious consequences. Its up to you whether you think those risks are worth taking to not be apart from your loved ones. USCIS are putting you in an awkward situation where you're forced to consider breaking the law, and I can understand why some people do this.

However if you want to live in this country, and not jeopardize your GC or future citizenship, I cannot recommend any other course than doing things legally.

[rebeccajo 14]

A few months separation beats a 10 year bar, IMHO.

[Dr_LHA 3]

A few months separation beats a 10 year bar, IMHO.

Agreed. However in the OP's case it could easily be a year or more seperation. Personally I think they should do "the right thing", however I understand why people try to find a way around it.

[rebeccajo 14]

A few months separation beats a 10 year bar, IMHO.

Agreed. However in the OP's case it could easily be a year or more seperation. Personally I think they should do "the right thing", however I understand why people try to find a way around it.

I don't.

My husband is from a VWP country. We could have easily married here, claimed no intent upon entry, and successfully adjusted his status. How many do you see denied from VWP nations?

But we filed a K1 instead. We didn't like it but we did it.

We've followed the letter of the law completely. Right down to filing AOS within the 90-day window of the I-94. It will be one of the arguments in our favor if we ever have to file WOM. Something I like to think an Immigration Judge might appreciate.

Just like they will not appreciate abuses of it.

[Dr_LHA 3]

Rebeccajo: I know you tow the hard line, but I'm not saying the person should break the law, I'm just saying I understand the temptation. I agree with you however, the OP should do things the legal way.

[FeniX 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.

Thanks a lot for such answer! it seems that even not 100% sure this info is just enough to take our chances. Sorry but I just cannot agree with a law that enforces separation of married people due to some "glitches" or whatever... it would be inhuman, moreover I personally think that would stay in conflict with US constutional right for being happy

Anyway I think that sending my wife back home just in order to petition on her and get her another visa (K-3) to come back here do not make any sense to me.

Thanks again!

[Cassie 8]

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.

Thanks a lot for such answer! it seems that even not 100% sure this info is just enough to take our chances. Sorry but I just cannot agree with a law that enforces separation of married people due to some "glitches" or whatever... it would be inhuman, moreover I personally think that would stay in conflict with US constutional right for being happy

Anyway I think that sending my wife back home just in order to petition on her and get her another visa (K-3) to come back here do not make any sense to me.

Thanks again!

and which amendment does this fall under? just curious.

The ability to petition for a spouse/family member is not a right, but a privilege. I'd check with a competent lawyer well-versed in immigration law to assist with proceeding.

[Dr_LHA 3]

Anyway I think that sending my wife back home just in order to petition on her and get her another visa (K-3) to come back here do not make any sense to me.

It doesn't make sense to me either, but it is the law. By breaking it you risk your status in the USA. Understand that. Sometimes life isn't fair and laws don't make sense.

[FeniX 0]

The part I am trying to understand is..

A) you married Sept 06 and you cant file for citizenship till Feb 07

1. she cannot adjust due to your status at least till you become USC

2. If she files for extension of B-1/B-2 post marriage wont she be considered fraud if she states her status as unmarried on her application? If she states married. then wont that put questions on the application thus showing immigration intentions?

We got married on Sept 25th this year, however the extension application was prepared on Sept 18th and mailed after a few... long days everything she wrote in this form was true on the day of preparation.

Anyway I think that sending my wife back home just in order to petition on her and get her another visa (K-3) to come back here do not make any sense to me.

It doesn't make sense to me either, but it is the law. By breaking it you risk your status in the USA. Understand that. Sometimes life isn't fair and laws don't make sense.

to be honest if it doesn't work out in the end we consider taking soem radical steps, such as choosing some better country for living in.

playing risky

[Killer_Clown_2009 0]

I think that both of you are correct in that he would "technically" be harboring an illegal, but I am also pretty sure that this is not the kind of person that Immigration Enforcement will be going after.

[Dr_LHA 3]

We got married on Sept 25th this year, however the extension application was prepared on Sept 18th and mailed after a few... long days everything she wrote in this form was true on the day of preparation.

Truth often doesn't matter to USCIS so much, "Intent" is what matters. If you got married 7 days after filing a B1 visa extension because you want her to stay with you to file for a green card application, you filed that visa extension with fraudulent intent. Don't be smug about trying to trick USCIS, they can pick up on stuff like this and if they do you will be screwed. Remember at some point you will face an interview where you and your wife will have to explain how she came on a visitors visa, and why it was extended just before you got married. She could be denied her green card for visa violations such as these.

Just a friendly warning.

Edited November 29, 2006 by dr_lha

[Cassie 8]

We got married on Sept 25th this year, however the extension application was prepared on Sept 18th and mailed after a few... long days everything she wrote in this form was true on the day of preparation.

Truth often doesn't matter to USCIS so much, "Intent" is what matters. If you got married 7 days after filing a B1 visa extension because you want her to stay with you to file for a green card application, you filed that visa extension with fraudulent intent. Don't be smug about trying to trick USCIS, they can pick up on stuff like this and if they do you will be screwed. Remember at some point you will face an interview where you and your wife will have to explain how she came on a visitors visa, and why it was extended just before you got married. She could be denied her green card for visa violations such as these.

Just a friendly warning.

Speaking as someone who has family members in jobs dealing with national security issues as part of said jobs, I can't agree strongly enough with this statement. You may think you might have been smart with how you rigged the timing of things, but they're not dumb, they're trained to spot stuff like that.

good luck.