Is my spouse here legally?

[nj5b 2]

My wife's visa expires in two days.  I sent the paperwork and it was delivered last friday via UPS tracking.  I do understand that when the paperwork is being processed she is legal.  My concern is does the check have to be cashed by then or just received?  This scenario just played out in my mind that she might be illegal if they haven't processed my check by the time her visa expires and I may have to send her home so she doesn't violate any laws.  Couldn't find anything concrete on these specifics and decided to seek an answer from the residential experts here.

 

Thank you in advance.

[RJandHamid 1,133]

What visa did she use to enter the US?

[Boiler 45,553]

The date of the NOA is the one that matters.

[nj5b 2]

She used a passport on a b2 visa from the philippines.

 

[Boiler 45,553]

So she has been visiting for the last 6 months?

[Unlockable 7,314]

26 minutes ago, nj5b said:

  I do understand that when the paperwork is being processed she is legal. 

Not always.

 

But like already said, it is important to know if the petition was accepted. A cashed check is an "unofficial" way of knowing the USCIS accepted the package. But the real notice is the NOA. Also, if the AOS is denied, technically your wife would be deportable.

[nj5b 2]

This is a conundrum that I'm now facing.  If I send her back and I get an NOA later, in your opinion, do you think it would pose issues on her coming back in a month on the same b2 visa?  She would be honest and say she's visiting her husband but I'm curious if the pending AOS would effect her ability to regain entry.......

Edited May 9, 2018 by nj5b

[Boiler 45,553]

How long has she been here, what does she do?

[Unlockable 7,314]

20 minutes ago, nj5b said:

This is a conundrum that I'm now facing.  If I send her back and I get an NOA later, in your opinion, do you think it would pose issues on her coming back in a month on the same b2 visa?  She would be honest and say she's visiting her husband but I'm curious if the pending AOS would effect her ability to regain entry.......

If she has an AOS that is already sent and she leaves then she will have abandoned that AOS. If she tries to reenter on er B2 again, she would likely be denied entry because they will see she previously attempted to AOS on a B2.

 

If you file for a spousal visa, she could use her B2 to visit during the process. But again, she will have in her file an attempt to AOS on a B2. So entrance will not be guaranteed.

 

If the AOS package is already sent then you should hear something soon. When does her alloted stay end? 

Edited May 9, 2018 by NuestraUnion

[SusieQQQ 11,586]

17 minutes ago, nj5b said:

This is a conundrum that I'm now facing.  If I send her back and I get an NOA later, in your opinion, do you think it would pose issues on her coming back in a month on the same b2 visa?  She would be honest and say she's visiting her husband but I'm curious if the pending AOS would effect her ability to regain entry.......

A “pending” AOS is clearly at odds with the purposes of a tourist visa but it won’t be pending anymore if she’s left, it will be abandoned. That said the immigrant intent will still be clear from it and moreover she will have a history of entering on a B visa to adjust which will almost certainly be a problem for her.

Edited May 9, 2018 by SusieQQQ

[Cyberfx1024 7,980]

19 minutes ago, nj5b said:

This is a conundrum that I'm now facing.  If I send her back and I get an NOA later, in your opinion, do you think it would pose issues on her coming back in a month on the same b2 visa?  She would be honest and say she's visiting her husband but I'm curious if the pending AOS would effect her ability to regain entry.......

Why would she go home now? You guys are doing the AOS process now and you have to wait until the NOA1 which will be with in 2-3 weeks for to be here with any kind of status that is not immediately deportable. She can not leave the country now until she gets the GC or the Advance Parole if you filed for it.

[nj5b 2]

10 minutes ago, cyberfx1024 said:

Why would she go home now? You guys are doing the AOS process now and you have to wait until the NOA1 which will be with in 2-3 weeks for to be here with any kind of status that is not immediately deportable. She can not leave the country now until she gets the GC or the Advance Parole if you filed for it.

The reason why I'm contemplating on her going home is because her visa expires tomorrow and for whatever reason I thought that USCIS receiving the AOS before her expiration date would be sufficient. I'm now worried that the NOA will get here after her expiration date and she will be considered illegal. It looks like I may have dropped the ball on a misunderstanding of the policy. I'm literally sick to my stomach right now.

[nj5b 2]

17 minutes ago, SusieQQQ said:

A “pending” AOS is clearly at odds with the purposes of a tourist visa but it won’t be pending anymore if she’s left, it will be abandoned. That said the immigrant intent will still be clear from it and moreover she will have a history of entering on a B visa to adjust which will almost certainly be a problem for her.

 

18 minutes ago, NuestraUnion said:

If she has an AOS that is already sent and she leaves then she will have abandoned that AOS. If she tries to reenter on er B2 again, she would likely be denied entry because they will see she previously attempted to AOS on a B2.

 

If you file for a spousal visa, she could use her B2 to visit during the process. But again, she will have in her file an attempt to AOS on a B2. So entrance will not be guaranteed.

 

If the AOS package is already sent then you should hear something soon. When does her alloted stay end? 

Thank you for specifically clarifying this for me.

[Cyberfx1024 7,980]

1 minute ago, nj5b said:

The reason why I'm contemplating on her going home is because her visa expires tomorrow and for whatever reason I thought that USCIS receiving the AOS before her expiration date would be sufficient. I'm now worried that the NOA will get here after her expiration date and she will be considered illegal. It looks like I may have dropped the ball on a misunderstanding of the policy. I'm literally sick to my stomach right now.

Stop worrying so much. You have sent in the paperwork and you will should be fine.

[nj5b 2]

8 minutes ago, cyberfx1024 said:

Stop worrying so much. You have sent in the paperwork and you will should be fine.

I would be rolling the dice on our future to let her stay not knowing for sure that she is here legally and then jeapordize any chance of a future together.

 

Sincerely I thank you for the positivity but there's alot riding on this.