Help!

[geowrian 22,337]

13 minutes ago, Richardrichfield said:

But I reside in the US, I just work overseas. the I-130 I can apply overseas but the AOS I need to come back to the US.

I'm not sure what you mean here. If you are working overseas, that is normally your primary residence. Can you clarify?

 

1 minute ago, Richardrichfield said:

But after I file for her AOS can she still stay in the US while waiting for I-130 approval?

If doing AOS, you must be in the US and then you can file the I-485 (AOS) and I-130 concurrently. She can reside in the US (no working still!) while they are being processed.

[Unlockable 7,315]

22 minutes ago, Richardrichfield said:

But I reside in the US, I just work overseas. the I-130 I can apply overseas but the AOS I need to come back to the US.

Ahh, ok. Crisis averted.

 

In that case you will be fine with the AOS. Follow the guides in the link I provided in my first post.

 

Curios, you do contract work?

Edited April 3, 2017 by NuestraUnion

[Richardrichfield 0]

13 minutes ago, NuestraUnion said:

Ahh, ok. Crisis averted.

 

In that case you will be fine with the AOS. Follow the guides in the link I provided in my first post.

She can stay here  after i file the AOS, even her B2 visa expired?

[Richardrichfield 0]

19 minutes ago, geowrian said:

I'm not sure what you mean here. If you are working overseas, that is normally your primary residence. Can you clarify?

 

If doing AOS, you must be in the US and then you can file the I-485 (AOS) and I-130 concurrently. She can reside in the US (no working still!) while they are being processed.

What I am trying to say, is that I am residing in the US, I only work overseas , I still have domicile.

Edited April 3, 2017 by Richardrichfield

[Richardrichfield 0]

25 minutes ago, NuestraUnion said:

Ahh, ok. Crisis averted.

 

In that case you will be fine with the AOS. Follow the guides in the link I provided in my first post.

 

Curios, you do contract work?

I am not a contractual , I was direct hire by Oil and gas. By the way sir, do you think i need to file IR-1 visa, since we've been married for 10years?

Edited April 3, 2017 by Richardrichfield

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[TL2016 208]

You don't seem to understand what many of the previous posters have already said multiple times. 

 

You are not applying for a CR-1/IR-1 visa. 

 

You will be applying for "Adjustment Of Status", in short AOS by filing forms I-130 and I-485 + all supporting documents and forms. 

 

Yes, your wife will be allowed to stay in the USA during this process. But until she gets her work authorization (EAD) she is illegally working.

 

You working overseas for extended periods of time might be an issue. The burden will be on you to prove that you're usually living in the US since you can't apply for your wife's AOS without actually living in America. 

 

Good luck.

 

 

 

[caliliving 606]

I worked unauthorized for 3 years and i wrote it down, paid taxes ect and it DID NOT come up at the interview.. yes you need to report it ect.. just make sure you never claimed to be a USC when you filled out the w2.

people hate saying to do it, bc it is a grey area, but unauthorized work IS FORGIVEN when married to a USC.

 

however, you are not in the usa so you have a huge hurdle.. you need to be in the USA and you should file for AOS and she should not leave until she has her greencard in hand. 

[Jawaree 718]

Am confused ...is she in the US working, did she get the B1/2 after leaving

for a yr ? You cant AOS outside. IF she's outside too you should re-file

[Loki_Go 126]

7 hours ago, caliliving said:

I worked unauthorized for 3 years and i wrote it down, paid taxes ect and it DID NOT come up at the interview.. yes you need to report it ect.. just make sure you never claimed to be a USC when you filled out the w2.

people hate saying to do it, bc it is a grey area, but unauthorized work IS FORGIVEN when married to a USC.

 

however, you are not in the usa so you have a huge hurdle.. you need to be in the USA and you should file for AOS and she should not leave until she has her greencard in hand. 

 

The problem is she's on a B2 visitor visa. If she's caught at any point before he files for AOS she's in trouble. I worked remotely for my Canadian company when I came over via K1 and it DID come up in my AOS interview.

 

Edited April 4, 2017 by Loki_Go

[Kastrs 723]

18 hours ago, Richardrichfield said:

What I am trying to say, is that I am residing in the US, I only work overseas , I still have domicile.

Ok just to make this absolutely clear

Where are you right now- are you in the US or are you overseas??

Just because you may have maintained a house in the US, drivers licence, bank account, ect does not mean you are residing in the US......

How is your time spent? Do you live in the US for say 6 months then go overseas for 6 months for work?

[Richardrichfield 0]

Thanks to everyone here it was very helpful guys! and I know what to do. thank you again everyone!

[IcezMan_IcezLady 582]

11 hours ago, caliliving said:

I worked unauthorized for 3 years and i wrote it down, paid taxes ect and it DID NOT come up at the interview.. yes you need to report it ect.. just make sure you never claimed to be a USC when you filled out the w2.

people hate saying to do it, bc it is a grey area, but unauthorized work IS FORGIVEN when married to a USC.

 

however, you are not in the usa so you have a huge hurdle.. you need to be in the USA and you should file for AOS and she should not leave until she has her greencard in hand. 

Not in this present immigration climate. You got lucky. Not everyone has had a smooth AOS interview.

[Transborderwife 4,666]

11 minutes ago, IcezMan_IcezLady said:

Not in this present immigration climate. You got lucky. Not everyone has had a smooth AOS interview.

Perhaps not, but it's also not a current reason for denial as the spouse of a USC

[caliliving 606]

1 hour ago, IcezMan_IcezLady said:

Not in this present immigration climate. You got lucky. Not everyone has had a smooth AOS interview.

It isnt luck...overstay and unauthorized work ARE forgiven by a usc...it isnt grounds for denial (or else i wouldnt have worked). I even consulted multiple immigration lawyers prior to working. The fact is, if shes is working she can overstay dont lie aos and she will get a 10yr greencard.