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kemal1010

Question regarding Waivers and other general

By kemal1010 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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kemal1010 Contributor

kemal1010   1

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I have a question regarding my friend's situation.

My friend is in the US on B1/B2 visa and his I-94 is about to expire in the next month (less than 30 days). My friend met a girl here in the US and they like each other. The girl has a green card. He is thinking about marrying her, but he is not sure if he can adjust his status while marrying a green card holder?

Are there any steps did he has to take in order not to be out of status and not be deported after marriage? Is it possible to be out of status and still file I-130 and later I-485 (adjustment of status)?

I tried to do some research for him online as his English is not that great, but I found that I-601A applies only if you marry a US citizen. Appreciate all the responses.

Edited by kemal1010
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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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hi

no, he can't overstay is only forgiven for married to USC, as married to a LPR he can only adjust status if he is legally here during the 2 year process, such as a work visa or student visa, not on a tourist visa

plus the petition takes around 2 years

he should leave now, he can come back and marry her, visit but never overstay,

she can file a petition for him, but it will take around 2 years and he will go through consular processing in his country

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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He would be much better off with a GF who is a USC.

“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.”

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kemal1010 Contributor

kemal1010   1

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hi

no, he can't overstay is only forgiven for married to USC, as married to a LPR he can only adjust status if he is legally here during the 2 year process, such as a work visa or student visa, not on a tourist visa

plus the petition takes around 2 years

he should leave now, he can come back and marry her, visit but never overstay,

she can file a petition for him, but it will take around 2 years and he will go through consular processing in his country

Thank you for your reply. Isn't there waiver that would apply for LPRs too? I thought I read somewhere that LPRs are also being considered for a waiver or something similar to waiver and can apply for status?

I put the link here: http://www.uscis.gov/news/alerts/uscis-seeks-comments-proposed-expansion-eligibility-provisional-unlawful-presence-waivers

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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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hi

waivers are for those who entered illegally in the country, your friend entered on a tourist visa, so he entered legally

there are no waivers for now for married to LPR,

yes there was a presidential order last year, but it has been frozen in court, an may never come to pass

plus the proposals never come to pass, there have been dozens of proposals, an a immigration reform that was approved by the Senate but it never passed the House of Representatives, as long as Congress has to approve something it never gets done

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kemal1010 Contributor

kemal1010   1

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hi

waivers are for those who entered illegally in the country, your friend entered on a tourist visa, so he entered legally

there are no waivers for now for married to LPR,

yes there was a presidential order last year, but it has been frozen in court, an may never come to pass

plus the proposals never come to pass, there have been dozens of proposals, an a immigration reform that was approved by the Senate but it never passed the House of Representatives, as long as Congress has to approve something it never gets done

I see. He called one lawyer and he said that he can help to get work authorization and social security numbers even though she is a LPR. Do you guys think the lawyer is bluffing?

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Of course

“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.”

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TBoneTX Grand Master

TBoneTX   45,304

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Filed: Citizen (apr) Country: Ecuador
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Some pretty good answers have been given in this thread, and the "fishing" on behalf of a friend is becoming uncomfortable; therefore, this thread is now closed to further comment. The topic is not to be reopened or referred to elsewhere.

OP, your friend can get consultation at a very reasonable phone or e-mail rate by contacting this gigantic immigration-law firm (with which I have no connection):

http://www.fosterquan.com/services/individuals-and-families/

TBoneTX

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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