Inquiring for a friend

[junkmart 320]

16 hours ago, Brad D. Warren said:

Hello, I am inquiring for a friend of mine who has a different immigration than my wife and myself had.  I am happy to say I used this website for the K-1 visa process, and adjsutment of status, etc for my wife, who is from the DOminican Rpeublic, and the entire process took less than a year, and was pretty easy, and saved us a good $5-$10K in legal fees.  

 

SO here is my situation.  One of our friends, an American citizen, married a lady who is here on a tourist visa.  NOw he had an attorney prepare and send in the I-130, and it was very costly.  But I am thinking the process is not that easy, as now her tourist visa has expired.  I guess thgouh maybe once you start an immigration doc process that may trump an overstayed visa, especially if you are now married.  Surely they can't kick your spouse out of the country, or could they?  Maybe the marriage has to pass the test before the uS considers it to be valid, and maybe she should have returned to her country while the process took its time.  But that sounds weird. 

 

Any thoughts?

No issues adjusting from a tourist visa, since they didn't have the intent to adjust at the time of entry (I assume). But filing the I-130 alone does nothing. They should have also filed I-485 (and associated forms) concurrently, and I'm surprised their lawyer didn't tell them that. Makes me wonder if they should seek a more knowledgeable attorney.

 

Once the I-485 is filed and accepted, they will be in a period of authorized stay. But right now, with an expired I-94, they are our of status, and subject to being put in deportation proceedings. Yes, they can deport a spouse of a USC. Being a spouse of a USC doesn't automatically grant any rights.

[Jeanne Adil 1,651]

1 hour ago, adil-rafa said:

first of all you have to believe he was in jail and had access to a computer and internet???????

The date of your first hearing depends on how busy the court is. In recent years most immigration courts have been very busy—there are lots of people in removal proceedings and not enough judges to hear their cases, so waiting times for hearings have been long. Generally, however, your first hearing should be anywhere from a couple months to a year after you get the NTA.

 

and this person is saying they were in jail and out in 5 weeks

[HRQX 4,145]

20 minutes ago, adil-rafa said:

Generally, however, your first hearing should be anywhere from a couple months to a year after you get the NTA.

Generally, that is the case. It's not known where the hearing location was: https://trac.syr.edu/phptools/immigration/court_backlog/

Edited June 11, 2019 by HRQX

[Brad D. Warren 0]

Sorry, I posed question but have not responded to anyone's take on the issue.  My friend's attorney said that once their I-130 is finished processing, they can then do the I-485.  Apparently, the attorney saw no issue with the spouse's expired tourist visa.  Every rule I have read appears to show otherwise.  I agree with the posts I am reading.  He should have applied concurrently both the I-130 and I-485, in case the time it takes does not end before her tourist visa expires.  But anyway, he is on his own, I was just trying to help.  I am merely a CPA who completed their taxes, including ITIN application for wife. Appreciate everyone's reponses.

 

 

[Brad D. Warren 0]

I agree with you wholeheartedly J.  He just told me last week he spoke to his attorney and the attorney said he hoped to receive I-130 approval soon and then they can start the I-485, and along with the I-485 they can attach her two children to it, who are in Mexico right now and do not live here.  it all smells funny to me.

 

[Boiler 45,525]

Often we find when asking for a friend that the story gets confused.

[Brad D. Warren 0]

This is true, but as far as I know, this is the latest detail.  But I am disagreeing with his attorney, who he agrees with more, because of course he is an attorney.  To me, an expired visa is an expired, visa.  You can be married to a US Citizen, but until you actually have a permanent resident card, or other authorization to be in the country legally, I think (although maybe not likely) the law could actually deport her.  I hate to say that.  They are very nice people and also go to our church, but I don't think they used the right attorney.

 

[Boiler 45,525]

I just find it hard to reconcile why this route was taken, especially with ICE raids tomorrow.

 

Only thing that comes to mind is a misunderstanding. If there is a reason to delay I would be fascinated to know what it is.

[Brad D. Warren 0]

These folks have made multiple errors, in my opinion.  The wife has been coming to the state on tourist visa for years.  They were going to do a K-1 visa, but his attorney said that since she was already here, they should just get married now, then fill out the I-130, get it approved then just do the adjustment of status I-485.  But like you may have said above or someone else who chimed in, the I-485 should have been done concurrently.  So now they are in a spot where wife's tourist visa is expired, and the only doc they have in their possession is an I-130 and a marriage certificate.  Yeah, don't know if that would hold up in a court.  She really might just have to go back home until process is fixed.  But if she were to leave now I think it might be hard to come back, even if they are married. idk 

 

As far as ICE, heck, ICE comes to our city (which is not a very big one) here in Louisiana at least couple times per year and rounds up a bunch.  

 

It's funny as a CPA I kept telling these people for years, AT LEAST file your taxes every year you are here.  Now we have a judge, in the jurisdiction where they send most with deportation orders, who takes that into account before he renders his decisions.  And I don't think it's even about paying a whole lot in taxes, since with dependents and at least some child credits some don't even owe much in taxes. it's more of principle, if you want to live here, you are required to follow our laws just like everyone else.

 

Sorry, got off on a tangent.

 

Thanks for all the advise.

 

[Boiler 45,525]

Neither an I 130 or a Marriage Certificate has anything to do with showing legal presence.

 

I thought the idea of filing was to get a credit, ok not my area something a friend mentioned, can claim enough overseas dependents to get money back.

[milimelo 4,481]

There’s no attaching her children in Mexico to I-485. USC has to file two I-130s for the children who will be consular processed in Mexico. 

[Nitas_man 3,100]

On 6/10/2019 at 7:29 PM, Brad D. Warren said:

Hello, I am inquiring for a friend of mine who has a different immigration than my wife and myself had.  I am happy to say I used this website for the K-1 visa process, and adjsutment of status, etc for my wife, who is from the DOminican Rpeublic, and the entire process took less than a year, and was pretty easy, and saved us a good $5-$10K in legal fees.  

 

SO here is my situation.  One of our friends, an American citizen, married a lady who is here on a tourist visa.  NOw he had an attorney prepare and send in the I-130, and it was very costly.  But I am thinking the process is not that easy, as now her tourist visa has expired.  I guess thgouh maybe once you start an immigration doc process that may trump an overstayed visa, especially if you are now married.  Surely they can't kick your spouse out of the country, or could they?  Maybe the marriage has to pass the test before the uS considers it to be valid, and maybe she should have returned to her country while the process took its time.  But that sounds weird. 

 

Any thoughts?

Yes, after status changes you have to file to adjust it.

A pending I-130 alone means nothing.