Spouse from France

[Shadowly 0]

Have a question that I'm not familiar with. 

 

Met spouse who is a French national. Spouse travel from France on a passport. She was allowed to stay here for only 90 days. It's been two years now. She over stay her Visa.

 

Just got marry, can we just file CR1?

[Lil bear 4,201]

3 minutes ago, Shadowly said:

Have a question that I'm not familiar with. 

 

Met spouse who is a French national. Spouse travel from France on a passport. She was allowed to stay here for only 90 days. It's been two years now. She over stay her Visa.

 

Just got marry, can we just file CR1?

Yes. 

[HRQX 4,145]

15 minutes ago, Shadowly said:

Just got marry

Just to confirm, are you a US Citizen? If yes, then your spouse can do Adjustment of status. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[Shadowly 0]

1 minute ago, HRQX said:

Just to confirm, are you a US Citizen? If yes, then your spouse can do Adjustment of status. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Yes, I'm a US Citizen. 

[Shadowly 0]

1 hour ago, HRQX said:

Just to confirm, are you a US Citizen? If yes, then your spouse can do Adjustment of status. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Another question, since she overstay her passport will she be at risk of getting approve and/or worst getting deported?

[HRQX 4,145]

3 minutes ago, Shadowly said:

Another question, since she overstay her passport

For Immediate Relative cases overstay is not an issue:

"when he got to the question about if you ever violated terms and conditions of your immigration status he just said “and you overstayed your esta?” I said yes and he moved on..."

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[mushroomspore 3,044]

19 hours ago, Shadowly said:

Another question, since she overstay her passport will she be at risk of getting approve and/or worst getting deported?

Overstay is forgiven for spouses of US citizens, but file the papers ASAP. Once the papers are filed, she will be in what's called "authorized stay". This is NOT a legal immigration status. It just means that you are allowed to be inside the US while your case is pending. On the I-485, they will ask if she has ever overstayed. Obviously, she must answer "YES" and also answer any questions they ask about that during the interview. But ultimately, the overstay will be forgiven.

[Kai G. Llewellyn 837]

21 hours ago, Shadowly said:

Have a question that I'm not familiar with. 

 

Met spouse who is a French national. Spouse travel from France on a passport. She was allowed to stay here for only 90 days. It's been two years now. She over stay her Visa.

 

Just got marry, can we just file CR1?

File for Adjustment of Status if the petitioner is a US Citizen. The French National should not leave the country until they receive advance parole as they are risking a 10 year bar for the 2 year unlawful presence if they depart at any time beforehand.

 

The overstay will be forgiven as long as the AoS is correctly filed, but it must be honestly reported to USCIS.

Edited March 18, 2021 by CanadaDude

[Kai G. Llewellyn 837]

Hey there, sorry for bumping a near 10 day old thread, but I wanted to issue a correction.

 

The French National should not leave the US until the Adjustment of Status is complete and they are confirmed as a LPR. The foreign national can still be hit by the unlawful presence bar even when departing with Advance Parole. Please see USCIS statement here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

Unlawful Presence

If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued.  Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

If you have accrued more than 180 days, but less than 1 year, of unlawful presence and who voluntarily depart the United States before the start of removal proceedings are inadmissible if you seek admission within 3 years of the date of their departure.  If you have accrued 1 year or more of unlawful presence and you depart the United States, whether or not removal proceedings have started, you are inadmissible if you seek admission within 10 years of the date of departure.

 

Based on the above it would probably not be worth the cost of filing form I-131.

 

Edited March 28, 2021 by CanadaDude

[HRQX 4,145]

10 hours ago, CanadaDude said:

it would probably not be worth the cost of filing form I-131.

The form is free to file if full I-485 fee is paid: https://www.uscis.gov/feecalculator Select "Yes" to both "Did you file your pending I-485 on or after July 30, 2007?" and "Did you pay the I-485 required application fee?"

 

I-131: $0

10 hours ago, CanadaDude said:

The French National should not leave the US until the Adjustment of Status is complete and they are confirmed as a LPR.

I strongly disagree. The key part* is "may trigger." In reality it's extremely rare to actually be triggered on an AP trip. There have been many cases of travelers with decades of Unlawful Presence (e.g. TPS beneficiaries, etc.) that successfully travel and re-enter the US with AP.

 

*Also the traveler is "Paroled in" pursuant to INA § 212(d)(5)(A), not "Admitted."

Edited March 29, 2021 by HRQX