Spouse of an lpr with a b1/ b2 visa

[SusieQQQ 11,587]

Just now, Michael2017 said:

I was of the impression your comment was a general comment in regards to overstay for a LPR spouse.  When commenting above about lawyer`s advice it was clearly about AOS.

To be honest I’m not actually sure what you’re talking about anymore.

But your lawyer was wrong if he or she said the spouse of an LPR could adjust status when not in status in the first place in the US. An overstay of one day puts you out of status. Wouldn’t be the first time we’ve had someone here repeating incorrect lawyer advice.

[Michael2017 368]

Just now, SusieQQQ said:

To be honest I’m not actually sure what you’re talking about anymore.

But your lawyer was wrong if he or she said the spouse of an LPR could adjust status when not in status in the first place in the US. An overstay of one day puts you out of status. Wouldn’t be the first time we’ve had someone here repeating incorrect lawyer advice.

Oho... well  sweet Susi you can be sure it is not quoted wrong and don`t get all personal please. Calm down, relax, and let it go. I have clarified everything so you can move on in helping OP.

[SusieQQQ 11,587]

5 minutes ago, Michael2017 said:

Oho... well  sweet Susi you can be sure it is not quoted wrong and don`t get all personal please. Calm down, relax, and let it go. I have clarified everything so you can move on in helping OP.

What’s personal? Pointing out that your lawyer was wrong? I didn’t say you quoted it wrong, I said you were given incorrect advice. Yes, lawyers do that sometimes, even when you pay them.

It’s hard to help the OP when you insist on repeating advice that could have serious negative consequences for them if they try to follow it. Maybe you’re calm about it because it doesn’t affect you? 

Edited July 16, 2018 by SusieQQQ

[WeGuyGal 1,052]

2 minutes ago, Michael2017 said:

Oho... well  sweet Susi you can be sure it is not quoted wrong and don`t get all personal please. Calm down, relax, and let it go. I have clarified everything so you can move on in helping OP.

It's simple.. any overstay of even one day does not allow for AOS if the spouse is LPR (within the US). An overstay is forgiven only for foreign spouses of US Citizens who are allowed to AOS without penalty. 

 

Going back to the home country is Consular Processing, which shouldn't be confused with AOS. 

[WeGuyGal 1,052]

6 hours ago, Michael2017 said:

I asked my lawyer the exact same question and yes it is possible to adjust in the USA under following conditions:

 

1. You entered with a VISA (not ESTA)

2. You did not overstay more than 180 days

3. Your priority date is current

 

As the wait for F2A to get current is 2 years and it seems it rather will be 2.5 years in future (more applicants for 2017 than 2016 and 2015), there is no way that your husband stays in the USA and acquires less than 180 days ovserstay. Therefore, you must file the petition asap and have the clock starting. Your husband needs to return to his home-country and he can return with his B Visa after he stayed long enough outside. Staying 6 months at a time is not a good idea. More infrequent shorter visits, with less time inside the USA than outside will work better. Of course there is no guarantee but that is your best bet.  

Any talk of adjusting status is moot when the highlighted happens.  Consular Processing is then the only apt option! 

[Bizzychic 0]

Thank you all for your kind thoughtful answers. I must appreciate all you folks for brainstorming with me during this moment. Most likely my baby and husband will return home while I hope for the best in our life journey. I think there is need for immigration reform for my category. I will really miss my little one... the thought of it all is so overwhelming and makes me break down uncontrollably in tears. Thank you once again. You are all appreciated.

Edited July 17, 2018 by Bizzychic