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mariider

Can a Permanent Resident adjust spouse within US if he/she has a legal entry?

By mariider in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
22 hours ago, Springrain22 said:

He also worked illegally so it will be another reason not to give him a status. I would like to say that this guy deserves a deportation with a 10 year ban for these actions.

why do people give such bad advice? 

lots of people work 'unauthorized' all the time AND pay taxes and they eventually find someone to marry to AOS.  i know everyone wants to hate on people that come here on a tourist visa and overstay and get married but that happens.  

once she becomes a USC they are free to marry as both overstay and unauthorized work will be forgiven.  IMO as long as he didnt commit a crime no he does not deserve to be deported! LMAO 

f f Proficient

f f   725

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Posted

the point of not allowing people on tourist visas to work is not to make it hard on them but to protect the people who are legally here from having thier wages suppressed by a surplus of workers. so yes every person working here without authorization is essentially stealing from you since you would be paid more if there were less workers here.

 

back to the OPs question.

your spouse can not adjust while in the us unless you become a usc. if they leave they will get a 10 year bar which will need a waver and if they leave and enter illegally they will have anot her 5 year bar that has no waver. file the i130 to get that process going and get the I601a in so they can process it before the interview. not sure if 212 is needed also.

piff Collaborator

piff   46

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Filed: Timeline
Posted
23 hours ago, Pinkrlion said:

LPR cannot adjust in the US.  Also he has already acrued a 10 year ban.

a spouse of an LPR can adjust in the USA if that person has a valid status at the time of filing AOS and his/her dates are current under Filing Dates and the Filing Dates are accepted for that month.

piff Collaborator

piff   46

Posted
Filed: Timeline
Posted
1 hour ago, caliliving said:

why do people give such bad advice? 

lots of people work 'unauthorized' all the time AND pay taxes and they eventually find someone to marry to AOS.  i know everyone wants to hate on people that come here on a tourist visa and overstay and get married but that happens.  

once she becomes a USC they are free to marry as both overstay and unauthorized work will be forgiven.  IMO as long as he didnt commit a crime no he does not deserve to be deported! LMAO 

overstay will be forgiven but not unauthorized work. Agree on the rest of the post though.

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
18 minutes ago, piff said:

overstay will be forgiven but not unauthorized work. Agree on the rest of the post though.

Unauthorized work is forguven..i kbow from experience! Worked unauthorized for 3yrs and i paid taxes wrote it down on the form and it wasnt even brought up at the interview! Lots of ppl get iTIN numbers pay taxes and work u authorized and then find a usc to marry amd aos. 

Know facts before u give bad advice. 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 hours ago, caliliving said:

once she becomes a USC they are free to marry as both overstay and unauthorized work will be forgiven.  IMO as long as he didnt commit a crime no he does not deserve to be deported! LMAO 

They are married now...not that it matters if they marry before becoming a USC or afterwards.

 

I'll redirect away from who "deserves" to be deported to what the law says...that's best suited for an opinion thread. Overstaying and/or unauthorized work can result in removal.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted (edited)
On 3/21/2017 at 2:46 PM, caliliving said:

why do people give such bad advice? 

lots of people work 'unauthorized' all the time AND pay taxes and they eventually find someone to marry to AOS.  i know everyone wants to hate on people that come here on a tourist visa and overstay and get married but that happens.  

once she becomes a USC they are free to marry as both overstay and unauthorized work will be forgiven.  IMO as long as he didnt commit a crime no he does not deserve to be deported! LMAO 

Doesn't make it right. Overstaying IS a civil offense. Come to the US on a tourist visa, but don't work, and don't overstay.

 

23 hours ago, caliliving said:

Unauthorized work is forguven..i kbow from experience! Worked unauthorized for 3yrs and i paid taxes wrote it down on the form and it wasnt even brought up at the interview! Lots of ppl get iTIN numbers pay taxes and work u authorized and then find a usc to marry amd aos. 

Know facts before u give bad advice. 

Applies to you as well.  Bad advice to promote unauthorized work as you seem to be doing. 

Edited by KierenHby

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
17 minutes ago, KierenHby said:

Doesn't make it right. Overstaying IS a civil offense. Come to the US on a tourist visa, but don't work, and don't overstay.

 

Applies to you as well.  Bad advice to promote unauthorized work as you seem to be doing. 

i said unauthorized work is NOT a grounds for removal just like overstay is not either.  i am not telling anyone to do either, just simply from experience that working unauthorized will not be grounds for deportation or a reason to not get a greencard.  

 

you are stating your opinion and that is fine.  i am just stating that the OP should just hang tight until the spouse becomes a USC and then file and all will work out just fine:) 

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

I am stating the law

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
Just now, KierenHby said:

I am stating the law

so does that law say that if you entered legally and work unauthorized or overstay you are deported? just wondering.

 

just because you dont like it when people overstay and work unauthorized doesnt mean its a deportable crime.  

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Working illegally can be caught, and\or overstaying puts an individual at risk of being prosecuted, and potentially deported. 

 

Has nothing to do with whether I like it or not.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
15 minutes ago, caliliving said:

so does that law say that if you entered legally and work unauthorized or overstay you are deported? just wondering.

 

just because you dont like it when people overstay and work unauthorized doesnt mean its a deportable crime.  

Umm...yes. Unauthorized work and/or overstay are deportable offenses. They generally are not the priority so enforcement has been very lax. But anybody here in violation of a visa or without legal status can be deported.

 

This is entirely different from whether or not overstay is ignored for AOS purposes in some circumstances (i.e. IR of a USC).

 

Edit: Note the tense above. Obviously, doing either of those does not make you deported. But they are valid grounds for deportation.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
7 minutes ago, geowrian said:

Umm...yes. Unauthorized work and/or overstay are deportable offenses. They generally are not the priority so enforcement has been very lax. But anybody here in violation of a visa or without legal status can be deported.

 

This is entirely different from whether or not overstay is ignored for AOS purposes in some circumstances (i.e. IR of a USC).

 

Edit: Note the tense above. Obviously, doing either of those does not make you deported. But they are valid grounds for deportation.

well i just think his best bet is to wait until she is a USC and apply.  chances are small he would get deported.. i know its not right, but that is his best thing to do at this point. the OP hasnt even came back and said when the spouse will be a usc.. for all we know it could take 2 months or 5 years.. we have no idea of knowing. 

 
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