Is my spouse here legally?

[KeratNY 76]

Just now, cyberfx1024 said:

Actually if you look back to my ORIGINAL POST on this thread you would see that I wrote: 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 her 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 CR-1 IS RELEVANT IF OP'S WIFE LEAVES THE COUNTRY NOW.

Yes, that is correct. I am not looking at the names of people who post, just each message, and the message I was quoting was misleading. Put together with this one, it is not, you are right. But the main point we agree on is the OP should not even consider having his wife leave the country. That would be a damn shame. 

[Cyberfx1024 7,980]

Just now, KeratNY said:

That doesn't matter. Once the beneficiary is outside the US and the spousal visa is applied for, the B2 will be automatically canceled, and the chance of getting another one is virtually zero (actually it is supposed to be zero but someone could make a mistake). This is a very basic fact that you cannot get a non-immigrant visa while an immigrant application is pending. Visas do not automatically guarantee entry, and if something meaningful changes, that visa is subject to being cancelled. This is what would happen here. 

Please get your facts straight because the B2 is not "automatically cancelled" at all. I don't know who told you that but it is WRONG. There are many people on here that travel back and forth to see their SO or Spouse while the CR/IR or K-1 petition is ongoing.

Please get your facts straight because you are wrong wrong wrong. You can get a tourist visa while a petition is processing and pending, it is hard to get but it is possible. This does not matter in the OP's case because his wife ALREADY HAS HER B2 TOURIST VISA which the stay is valid for one more day.

[Cyberfx1024 7,980]

2 minutes ago, KeratNY said:

Yes, that is correct. I am not looking at the names of people who post, just each message, and the message I was quoting was misleading. Put together with this one, it is not, you are right. But the main point we agree on is the OP should not even consider having his wife leave the country. That would be a damn shame. 

You are right that the OP's wife SHOULD NOT leave the country and tried to emphasize that with him since he is kinda being wishy washy about it.

 

Also the OP should note that is wife has been here in the USA for almost 8 months out of the last 9 months that her returning soon is just not possible if she does leave the country. If she tries to return in the next 6 months then they will more than likely cancel her visa for spending more time here than in the Philippines.

[KeratNY 76]

1 minute ago, cyberfx1024 said:

Please get your facts straight because the B2 is not "automatically cancelled" at all. I don't know who told you that but it is WRONG. There are many people on here that travel back and forth to see their SO or Spouse while the CR/IR or K-1 petition is ongoing.

Please get your facts straight because you are wrong wrong wrong. You can get a tourist visa while a petition is processing and pending, it is hard to get but it is possible. This does not matter in the OP's case because his wife ALREADY HAS HER B2 TOURIST VISA which the stay is valid for one more day.

You are wrong. If you were right, there would be no need for CR/IR/K-1 visa. Everyone would just come on a tourist visa and adjust status from within the US, which is course not what the US wants to happen. So they strictly enforce it. Take a look at this lawyer's immigration answer just for an example:

https://my-secure.justanswer.com/question/guest/256e7e5cacb547cabf0304a2bef44e0a

 

I agree that it does not matter in OP's case because she is already in the country. But you were describing if she left that she could come back on a B2. Wrong wrong wrong. 

 

 

[nj5b 2]

20 minutes ago, KeratNY said:

This is one of the very basic and entrenched facts about AoS through spouse. Do not worry, it is exceptionally common. Overstays of 10+ years routinely get permanent residency, it is never a bar to that (except for certain visas such as crewman, J1s/J2s that are subject to 212(e), fiancee visas when the fiancee marries a different US Citizen than the original petitioner etc). 
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter8.html

 

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

 

•The applicant is now employed or has ever been employed in the United States without authorization; 

 

•The applicant is not in lawful immigration status on the date he or she files the adjustment application; 

 

•The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 

 

•The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 

 

•The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 

 

•The applicant has ever violated the terms of his or her nonimmigrant status. 

 

[nj5b 2]

1 minute ago, nj5b said:

 

Cybrfx and KeratNY I am very grateful for all the insight youve given me and have set my mind at ease. That is why this website is an invaluable resource for those like me who are going through this without any guidance from anyone else. Thank you very much for your volunteered effort!

[Cyberfx1024 7,980]

8 minutes ago, KeratNY said:

You are wrong. If you were right, there would be no need for CR/IR/K-1 visa. Everyone would just come on a tourist visa and adjust status from within the US, which is course not what the US wants to happen. So they strictly enforce it. Take a look at this lawyer's immigration answer just for an example:

https://my-secure.justanswer.com/question/guest/256e7e5cacb547cabf0304a2bef44e0a

 

I agree that it does not matter in OP's case because she is already in the country. But you were describing if she left that she could come back on a B2. Wrong wrong wrong. 

 

 

 

Just now, nj5b said:

Cybrfx and KeratNY I am very grateful for all the insight youve given me and have set my mind at ease. That is why this website is an invaluable resource for those like me who are going through this without any guidance from anyone else. Thank you very much for your volunteered effort!

Not a problem we are happy to help. Just please understand we do NOT sugarcoat answers for you.

[Nouchigang 200]

In summary you wife SHOULD NOT leave the US right because if she does 

1) the application you sent will be abandoned and you will lose all the money sent because they will cash those checks

2) yes she will be out of status for a few days or weeks, no choice too late now to avoid that situation, but it will be forgiven because she is married to a US citizen (check USCIS its on their website)

3)Once you guys receive the NOA1 her status is back on track

 

 

[Cyberfx1024 7,980]

10 minutes ago, KeratNY said:

You are wrong. If you were right, there would be no need for CR/IR/K-1 visa. Everyone would just come on a tourist visa and adjust status from within the US, which is course not what the US wants to happen. So they strictly enforce it. Take a look at this lawyer's immigration answer just for an example:

https://my-secure.justanswer.com/question/guest/256e7e5cacb547cabf0304a2bef44e0a

 

I agree that it does not matter in OP's case because she is already in the country. But you were describing if she left that she could come back on a B2. Wrong wrong wrong. 

 

 

That's why it is VERY HARD to get tourist visas from high fraud countries like Philippines for younger single men and women. It is a stereotype that is true.

[KeratNY 76]

4 minutes ago, cyberfx1024 said:

 

Not a problem we are happy to help. Just please understand we do NOT sugarcoat answers for you.

Most of those stories are visiting BEFORE an immigrant application is submitted. Once it is filed the chance drops to close to zero. You are right in that if you can provide SIGNIFICANT ties to your home country there may be a chance. But that is not the case for the OP's wife. She has been here for several months already. It will be obvious she is using her tourist visa for immigrant intent, which is never allowed (if they figure out that intent). So the very high burden of proof on proving ties to your home country MAY get a tourist visa, but certainly not from the Philippines, India, many African countries, etc. You also can't use ESTA or VWP (I think) so you have to prove it first the consulate and second the officer at the PoE. Good luck with that. Most people would prefer to adjust from inside the US than spend 9-12 months outside the country waiting, and the officers know this and will heavily scrutinize your intent. 

[Muffinji 43]

Just wondering if it’s too late for OP to try applying for visa extension? 

https://www.uscis.gov/visit-united-states/extend-your-stay

Not sure if it works as i’ve only read about it. 

 

[KeratNY 76]

16 minutes ago, KeratNY said:

Most of those stories are visiting BEFORE an immigrant application is submitted. Once it is filed the chance drops to close to zero. 

Ok it is not close to zero (if not visiting from Phillipines) but still exceptionally difficult and under the right circumstances. Clearly not the case for OP.

[Cyberfx1024 7,980]

6 minutes ago, Muffinji said:

Just wondering if it’s too late for OP to try applying for visa extension? 

https://www.uscis.gov/visit-united-states/extend-your-stay

Not sure if it works as i’ve only read about it. 

 

It is not to late at all but since they have already filed for AOS it won't be granted and extensions are rarely granted anyway.

Just now, KeratNY said:

Ok it is not close to zero (if not visiting from Phillipines) but still exceptionally difficult and under the right circumstances. Clearly not the case for OP.

That's what I was clearly trying to state all along.

[Unlockable 7,314]

55 minutes ago, KeratNY said:

That doesn't matter. Once the beneficiary is outside the US and the spousal visa is applied for, the B2 will be automatically canceled, and the chance of getting another one is virtually zero (actually it is supposed to be zero but someone could make a mistake). This is a very basic fact that you cannot get a non-immigrant visa while an immigrant application is pending. Visas do not automatically guarantee entry, and if something meaningful changes, that visa is subject to being cancelled. This is what would happen here. 

Not true at all! Many people with visitor visas come to the US to visit while a spousal petition is in process.

 

Quote

Most of those stories are visiting BEFORE an immigrant application is submitted. 

And this the same situation the OP's wife is in. She has a non-immigrant visa BEFORE filing for AOS or even a spousal visa if they choose so.

 

But you previously stated that once a spousal visa is filed for, the non-immigrant visa will be automatically cancelled. Which is not true.

 

1 hour ago, KeratNY said:

No. If one were to file for a spousal visa, the chance of her getting a B2 Visa is virtually zero. A spousal visa shows immigrant intent and a tourist visa is specifically for non-immigrant intent. 

OP's wife already has a visitor visa.

 

18 minutes ago, Muffinji said:

Just wondering if it’s too late for OP to try applying for visa extension? 

https://www.uscis.gov/visit-united-states/extend-your-stay

Not sure if it works as i’ve only read about it. 

 

While technically she can apply for an extension, it wouldn't remedy the issue the OP is worried about. The approval or denial of the extension would be after her allotted stay has passed, deeming her illegal.

Edited May 9, 2018 by NuestraUnion

[KeratNY 76]

4 minutes ago, NuestraUnion said:

Not true at all! Many people with visitor visas come to the US to visit while a spousal petition is in process.

 

OP's wife already has a visitor visa.

I addressed a lot of this already. In this case, her B2 that she has would be all but irrelevant if she left the country and wanted to use it to return. She couldn't. They will immediately suspect she is using the B2 to come to the US and live (which would be true) and deny her. Especially from a high fraud country like Phillipines. You seem to think holding a visa guarantees admission, or that a material change wouldn't affect a visa. That is simply not true.