Spouse left the US before receiving aproval of status adjustment

[Peter.Dvs 0]

Hello Ladies and Gentleman,

 

I have a peculiar situation, I am a US citizen and my spouse is from Romania, she came to the US to visit and had a 3 month period of time on her passport for legal stay, she stayed over that time because applying for adjustment of status took us while so right night she is and illegal alien but we have the paperwork forwarded and we are waiting for a response of approval, unfortunately she had to leave the US before her case got approved, before we received any paperwork or travel authorization....

 

So I guess right now there is not way for her to come back because she is flagged now as person who overstood her legal stay and left US before having any paperwork?

 

I guess all the paperwork and money spent is out the window?

 

Now that she is outside the US and Flagged (I guess?) how could I still get her to come back?

 

DO I need to reapply for one of those Visas for spouse Outside the US? (we got married in the US)

 

Thank you, please include any other  useful information you deem that it would help.

 

[ColoradoBeauty 79]

Yes, you will need to apply for CR-1. (Visa for spouse outside the US)

I don't think she will be flagged, because she got married within 90 days and filed paperwork.

[MacUK 983]

More details needed for a complete answer but yes, you will need to petition for a spouse visa.

 

I assume she entered the US as a tourist? When did her I-94 expire? When did you file for adjustment?

[audacieux89 256]

12 minutes ago, ColoradoBeauty said:

Yes, you will need to apply for CR-1. (Visa for spouse outside the US)

I don't think she will be flagged, because she got married within 90 days and filed paperwork.

90 days does not apply to her because she came in with a tourist visa and not a fiancee visa...

[ColoradoBeauty 79]

Just now, audacieux89 said:

90 days does not apply to her because she came in with a tourist visa and not a fiancee visa...

oopsie please disregard my reply as I wasn't reading carefully. Thank you for correcting.

I guess she will now have to file I-601 waiver?

[audacieux89 256]

Yes she will be flagged as overstaying because she went past the 3 month time she was given on her I-94...

 

You will have to petition for her as a spouse. There may be questions regarding overstaying and you just have to answer those questions honestly.

 

Did she use VWP or a tourist visa? If under VWP, she cannot use that anymore. She can apply for a tourist visa but result of that depends on the CO if approved.

 

If she overstayed using a tourist visa, consequences will be more serious. More than 180 days overstay will result in a 3 year ban. Overstaying for more than a year will result in a 10 year ban. 

 

Review the application form for CR-1 to know what info will be asked of you regarding overstaying and bans.

[audacieux89 256]

6 minutes ago, ColoradoBeauty said:

oopsie please disregard my reply as I wasn't reading carefully. Thank you for correcting.

I guess she will now have to file I-601 waiver?

I don't think OP's spouse will be eligible because applicant must be phsically present in the U.S. to file the I-601 waiver application

[ColoradoBeauty 79]

9 minutes ago, audacieux89 said:

I don't think OP's spouse will be eligible because applicant must be phsically present in the U.S. to file the I-601 waiver application

Obviously I'm super newbie here and need to do a lot of reading. Thank you for clarifying.

[Peter.Dvs 0]

She came over hare on the Waiver Treaty Program for some European Countries...she had 90 days legal stay and we got married after that...

 

So yeah, i think she banned for 3 years. 

[Peter.Dvs 0]

8 hours ago, MacUK said:

More details needed for a complete answer but yes, you will need to petition for a spouse visa.

 

I assume she entered the US as a tourist? When did her I-94 expire? When did you file for adjustment?

she came with VWP and stood over 90 days, she left just now last Friday. We got married and filed for adjustment after those 90 days of legal stay but before 180 days or staying over.

[Peter.Dvs 0]

21 hours ago, audacieux89 said:

Yes she will be flagged as overstaying because she went past the 3 month time she was given on her I-94...

 

You will have to petition for her as a spouse. There may be questions regarding overstaying and you just have to answer those questions honestly.

 

Did she use VWP or a tourist visa? If under VWP, she cannot use that anymore. She can apply for a tourist visa but result of that depends on the CO if approved.

 

If she overstayed using a tourist visa, consequences will be more serious. More than 180 days overstay will result in a 3 year ban. Overstaying for more than a year will result in a 10 year ban. 

 

Review the application form for CR-1 to know what info will be asked of you regarding overstaying and bans.

She used VWP but left back to Romania before those 180 days, can she still come back? there many version of this overstaying rule which quite don`t really understand.

 

So after 90 days of legal stay, you depart within 180 days you get a 3 year ban?  Because some people say that after day 90 of legal stay you are fine to come back for another 180 days and only if you leave after day 180 you will get a 3 year ban (which does not make sense because that would mean you have 270 days of legal stay) and if you stay past your 90 days of  legal stay with one full year and then depart, that's when you get a 10 year ban.

 

 

[MacUK 983]

1 hour ago, Peter.Dvs said:

She used VWP but left back to Romania before those 180 days, can she still come back? there many version of this overstaying rule which quite don`t really understand.

 

So after 90 days of legal stay, you depart within 180 days you get a 3 year ban?  Because some people say that after day 90 of legal stay you are fine to come back for another 180 days and only if you leave after day 180 you will get a 3 year ban (which does not make sense because that would mean you have 270 days of legal stay) and if you stay past your 90 days of  legal stay with one full year and then depart, that's when you get a 10 year ban.

 

 

The 3 year ban comes in after 180 days overstay, 10 year ban after 1 years overstay.

Overstaying less than 180 days means there's no ban but her days of using VWP are over forever

[NigeriaorBust 4,087]

  When you filed for adjustment you submitted the I130 already so that is in progress,  you need to tell them that she is changed to a consular interview.

[audacieux89 256]

1 hour ago, Peter.Dvs said:

She used VWP but left back to Romania before those 180 days, can she still come back? there many version of this overstaying rule which quite don`t really understand.

 

So after 90 days of legal stay, you depart within 180 days you get a 3 year ban?  Because some people say that after day 90 of legal stay you are fine to come back for another 180 days and only if you leave after day 180 you will get a 3 year ban (which does not make sense because that would mean you have 270 days of legal stay) and if you stay past your 90 days of  legal stay with one full year and then depart, that's when you get a 10 year ban.

 

 

She cannot use the VWP anymore because she went over the allowed time. She overstayed her VWP.

She will need to apply for a tourist visa to enter the US again. File the CR1/IR1 petition...she may be able to visit you while that is in progress if she has a tourist visa.

 

She does not have a ban since you said she left before the 180 day count.

Edited November 16, 2017 by audacieux89

[Peter.Dvs 0]

14 minutes ago, NigeriaorBust said:

  When you filed for adjustment you submitted the I130 already so that is in progress,  you need to tell them that she is changed to a consular interview.

I understand, but that also means we would be apart a very a long time, I think it would be better to cancel this petition and then I will travel to Romania and forward new paperwork with DCF, it would be the quickest way, don`t you think?

Edited November 16, 2017 by Peter.Dvs