Is my spouse here legally?

[Scandi 4,166]

1 hour ago, KeratNY said:

Hold on hold on. Ok so this woman from the Philippines (high fraud country)  who has married a USC and demonstrated immigrant intent both through her petition and 6 months in the country, can leave the US and waltz back into the country no problem because she has an existing B2? So the IO either doesnt know he's supposed to deny non immigrant visas with immigrant intent, or he's stupid and can't figure it out, or he doesn't care or what? 

You don't seem to realize that there's a difference between "tourist visa automatically gets cancelled" and "CBP might not let her in".

 

Her B-2 visa will not automatically get cancelled just because she applies for a CR-1 (or whatever visa), but CBP can still refuse her entry when she attempts to use it. Two different things.

[TBoneTX 45,328]

KeratNY, please stop arguing your incorrect point.

Everyone will kindly return to the OP's situation.

[Pumpkin 24]

Don't worry OP, you aren't alone. I went through the exact same thing. I came here on a B-2 visa, got married and overstayed my stay way before my husband and I filed our AOS. We finally did though (5 months after my overstay) so that's 5 months of being illegal here. It was terrifying at first but we just tried not to think about it. ICE won't actively seek your wife out after overstaying, especially not for such a short time. If it makes you feel better, I even managed to travel by plane (domestic of course) without problems.

 

Of course, I still suggest filing as soon as you can which you already did so that's good. As soon as you get the NOA, then your wife is in the clear as far as being here illegally goes. Now all you have to do is wait for that GC.

 

As for your suggestion of letting your wife return to her home country, I'd advise against it especially since you already filed AOS. You certainly can still do the CR-1 route but I think at this point, that's just adding unnecessary hassle to your situation. I wish you guys luck! 

[Going through 5,671]

Once the AOS is filed and NOA received, your wife is in "authorized stay" while the application is pending.  She is permitted to remain in the US legally pending approval/denial.

 

Your wife's existing B2 visa will not be cancelled upon the filing.  She should not leave the US unless she has an approved travel document (or she gets her conditional green card).

 

 

[mushroomspore 3,044]

It makes no sense for the government to say, "Hey everyone, here's the process on how we decide who gets to stay here and who doesn't. Follow our rules because it's the ONLY way and it's the legal way. While you're in this process, you can't leave the US because then we'll think that means you don't want to be in the US anymore" and then to turn around and say, "Okay so we know you're trying to adjust your status here by following OUR rules but you can't stay here while we're deciding." We're applying for PERMANENT residency, after all. The application puts intending immigrants in a whole new category. It basically wipes out any previous statuses because permanent residency is not the same as being here on a visa. Blah blah technical governmental legalese.

 

So yes your spouse is here perfectly fine. My B2 expired back in September. They took until Feb 2018 to send us an RFIE and then the EAD last month. So you're fine. DO NOT LEAVE THE US, FOR GOD'S SAKE (not until she gets the combo card).

[SteveE 25]

I originally entered the US in 1988 on a B2 Tourist Visa from the UK. I married my then US girlfriend whilst in the US and we filed for AOS. We had our initial interview and at that point I received an I-551 (temporary green card stamp) in my passport that was valid for two years. At the same time they cancelled my tourist visa in my passport. We separated and divorced prior to two years and I never filed for removal of conditions as I was unaware you could even do that if you were no longer married.

 

I later remarried to my current wife and for one reason and another we never filed for AOS. We gathered all the paperwork (copies of birth certificates, marriage & divorce records etc...) but for one reason and another just never got round to it. I had an existing SSN from my original marriage.

 

Anyway, fast forward to the last election and we decided that we really needed to take care of business in the current political climate and finally filed for AOS in January 2017. In June 2017 we had our interview in the Los Angeles field office and were approved the following day for my 10 year green card. We have been married 18 years as of February this year.

 

So if you do the math I was out of status for a very long time AND I had filed for AOS through a prior marriage. I entered with inspection, have no criminal record of any kind and by virtue of being married to a USC my overstay and work history were not an issue or negative factor for AOS. The IO asked the original reason for my visit in 1988, to which I replied to visit my then girlfriend.

 

We self filed and received no RFE's during the process. I asked a couple of legal questions via legal websites regarding my case to see if there were any issues that we should be prepared for and the lawyers said there was no issue they could see. The IO said he had checked to see if there was any deportation order ever issued against me because of my original AOS filing and there was not.

 

So bottom line, you can file AOS within the US if you are out of status and married to a USC. This is a perfectly legal path to applying for a green card. Would I suggest you remain out of status for over 20 years, absolutely not.

 

 

[Teemo 252]

On 5/10/2018 at 4:55 PM, SteveE said:

I originally entered the US in 1988 on a B2 Tourist Visa from the UK. I married my then US girlfriend whilst in the US and we filed for AOS. We had our initial interview and at that point I received an I-551 (temporary green card stamp) in my passport that was valid for two years. At the same time they cancelled my tourist visa in my passport. We separated and divorced prior to two years and I never filed for removal of conditions as I was unaware you could even do that if you were no longer married.

 

I later remarried to my current wife and for one reason and another we never filed for AOS. We gathered all the paperwork (copies of birth certificates, marriage & divorce records etc...) but for one reason and another just never got round to it. I had an existing SSN from my original marriage.

 

Anyway, fast forward to the last election and we decided that we really needed to take care of business in the current political climate and finally filed for AOS in January 2017. In June 2017 we had our interview in the Los Angeles field office and were approved the following day for my 10 year green card. We have been married 18 years as of February this year.

 

So if you do the math I was out of status for a very long time AND I had filed for AOS through a prior marriage. I entered with inspection, have no criminal record of any kind and by virtue of being married to a USC my overstay and work history were not an issue or negative factor for AOS. The IO asked the original reason for my visit in 1988, to which I replied to visit my then girlfriend.

 

We self filed and received no RFE's during the process. I asked a couple of legal questions via legal websites regarding my case to see if there were any issues that we should be prepared for and the lawyers said there was no issue they could see. The IO said he had checked to see if there was any deportation order ever issued against me because of my original AOS filing and there was not.

 

So bottom line, you can file AOS within the US if you are out of status and married to a USC. This is a perfectly legal path to applying for a green card. Would I suggest you remain out of status for over 20 years, absolutely not.

 

 

Wow what a story. I can't imagine sitting on the AoS paperwork for any length of time, I was so excited to send it off right after our wedding.

 

Did you ever leave the country with your advance parole before you received your green card? If so, how was your experience at the port of entry on the way back?

[SteveE 25]

1 minute ago, Teemo said:

Wow what a story. I can't imagine sitting on the AoS paperwork for any length of time, I was so excited to send it off right after our wedding.

 

Did you ever leave the country with your advance parole before you received your green card? If so, how was your experience at the port of entry on the way back?

I never applied for AP and have not left the US since my original entry in 1988.  I no longer had an I-94 as it was taken during my original AOS filing and the only question I was asked during the interview was when my last entry into the US was.