H2B expired but married to US Citizen

[pinayanne27 8]

Hello guys hope you can help my friend.

my friend entered the US under H2B Visa but was expired for more than 5 years already. She is now married to a US citizen and they have a kid. What forms does she need to submit?

[Starkilla09 366]

Hello guys hope you can help my friend.

my friend entered the US under H2B Visa but was expired for more than 5 years already. She is now married to a US citizen and they have a kid. What forms does she need to submit?

Since she entered legally she can file for adjustment of status by sending the following forms concurrently in a package. I-130, I-485, I-765, I-131. Note fees for EAD/AP ( I-765 & I-131) are waived when doing concurrent filing. Total fee will be $1490 as long as it's done prior to December 23rd this year before new fee hikes kick in. Following adjustment of status guide here..

[pinayanne27 8]

Since she entered legally she can file for adjustment of status by sending the following forms concurrently in a package. I-130, I-485, I-765, I-131. Note fees for EAD/AP ( I-765 & I-131) are waived when doing concurrent filing. Total fee will be $1490 as long as it's done prior to December 23rd this year before new fee hikes kick in. Following adjustment of status guide here..

1) Are there sample forms here? Cause with K1 visa its much easier cause of the sample fille out forms here.

2) she's working now even with out a working permit and they filled taxes. Will there be a problem when they file for Affidavit of sponsorship?

[pinayanne27 8]

1) Are there sample forms here? Cause with K1 visa its much easier cause of the sample fille out forms here.

2) she's working now even with out a working permit and they filled taxes. Will there be a problem when they file for Affidavit of sponsorship?

3) and her passport is already expired. Does she need to submit a copy of a valid one or the expire is okay?

[Lainie B 465]

Moving to "AOS from work, student tourist visa" forum and duplicate post removed.

[Starkilla09 366]

K1 is easy initially as when you file just the I-129F petition while the fiancé is overseas, but also gets complex when the married spouse has to adjust status after entry in the U.S. All forms I mentioned are at the USCIS.gov website for free.

2. Her unauthorized employment will be forgiven as the spouse of a U.S. Citizen when adjusting her status and is not an issue, however; she has to disclose it on the forms where indicated and since the income is unauthorized it can't be used as part of the affidavit.

Expired passport isn't also an issue, she'll need to submit copy of her I-94 to show she was legally admitted to the U.S. by a CBP officer.

Edited November 3, 2016 by Starkilla09

[hateadminforms 19]

It could be construed as a marriage of convenience depending on timing.

The I-130, I-485, I-765, I-131. Note fees for EAD/AP ( I-765 & I-131) and form filing carries a risk because the HB visa expired 5 years ago.

The friend is not in status despite a marriage and having a child.

U.S. immigration regulation 8 C.F.R. Section 214.1©(4). - needs to be looked at as well.

The passport expiry is good, she should apply for a new one BUT not travel until she gets her GC - another caution to avoid border/immigration questions/problems or worse barred entry because of a over zealous computer check on the original HB-1

[Starkilla09 366]

It could be construed as a marriage of convenience depending on timing.

The I-130, I-485, I-765, I-131. Note fees for EAD/AP ( I-765 & I-131) and form filing carries a risk because the HB visa expired 5 years ago.

The friend is not in status despite a marriage and having a child.

U.S. immigration regulation 8 C.F.R. Section 214.1©(4). - needs to be looked at as well.

The passport expiry is good, she should apply for a new one BUT not travel until she gets her GC - another caution to avoid border/immigration questions/problems or worse barred entry because of a over zealous computer check on the original HB-1

I disagree with the marriage for convinence thing, the OP's friend has been an overstayed for years and even has a kid with the U.S. Citizen. Though she has no status by just being married, she'll be in authorized stay the moment she filed her paperwork till adjudication by USCIS. Red flags are usually raised if she married while in removal proceedings or very quick upon admission in the U.S. and still that can't be used as as a sole reason for refusal but a reason for extra scrutiny to make sure it isn't a sham. Though highly recommended to have a green card before travel, traveling on AP with no longer constitutes a "departure" to trigger a bar due to previous unlawful presence as of 2012 with the Matter of Arrabally & Yerrabally ruling by the Bureau of Immigration Appeals. Many have travelled and returned with overstays of years even on this forums provided there're no other bars to admission like criminal elements. Edited November 3, 2016 by Starkilla09

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