Marriage Visa (IR1/CR1) process - U.S. Citizen married to an individual with a tourist visa expired more than 180 days - advice and insight needed and really appreciated

[ExcitingFuture 1]

Hi guys and gals, 

 

Thank you so much for this resource and your time and help. I've spent the last hour trying to search for a clear and unambiguous answer to this question, in the forums here and elsewhere, but am having no luck. I'm sure it's been asked many times before, so my apologies for (most likely) yet another repeat. 

I am a United States Citizen (USC) through birth (also a military veteran, fwiw). My partner and I were recently married (~six months ago) and are wanting to go through the IR1/CR1 process. The biggest worry we have at the moment, though, is a previously expired tourist visa (more than 180 days; my partner has NO arrests/criminality/etc...). From my understanding, that can be a hurdle, but certainly nothing close to insurmountable, perhaps in small part due to the new federal administration. 

We have printed out the I-130, I-130A, I-864, and I-485 forms with all necessary documentation/copies/etc... and are ready to fill them out. Obviously, we don't want to miss anything, though.

What do we need to know about this expired visa "hurdle" when filling out the forms and going through the process. Perhaps there's another form needed? More documentation? Something I'm not understanding or aware of?    

Thank you very much, again, for any time, help, and feedback on this issue/question.

If there's any more information needed I can give it ASAP.
__________________________________________________________________________

As a secondary question in order to maybe streamline the forum/post: with regards to the AOS, I see that it must state the immigrant must not use "welfare" or public assistance until approval. We have a baby on the way and would like to apply for "emergency Medicaid" to help cover the costs of the birth. Though, maybe that's not necessary, as I am a veteran and could possibly use those benefits and provided healthcare (to be clear, I am not the individual pregnant) to help cover birthing costs.    

[Lil bear 4,256]

The overstay from the visitor visa .. is it the visa she used to enter this most recent time ? Ie..is it THIS stay that she has overstayed and not a previous trip. If it is this most recent entry then the overstay will be “forgiven” for this process as the spouse of a USC. She must have entered legally and been allowed to enter by CBP at point of entry 

[Lil bear 4,256]

Moved to AOS from tourist visa as this forum reflects OP present situation 

[ExcitingFuture 1]

Just now, Lil bear said:

The overstay from the visitor visa .. is it the visa she used to enter this most recent time ? Ie..is it THIS stay that she has overstayed and not a previous trip. If it is this most recent entry then the overstay will be “forgiven” for this process as the spouse of a USC. She must have entered legally and been allowed to enter by CBP at point of entry 

Hi Lil bear, 

I remember reading that was/is an important factor - and should have included that! To answer your question, yes, the latest and last entry was 100% legal and "stamped" and approved at the border. 

Reading more into your reply, it sounds like there's no need for extra documentation other than what I have listed there? 

[mushroomspore 3,044]

4 minutes ago, ExcitingFuture said:

Hi guys and gals, 

 

Thank you so much for this resource and your time and help. I've spent the last hour trying to search for a clear and unambiguous answer to this question, in the forums here and elsewhere, but am having no luck. I'm sure it's been asked many times before, so my apologies for (most likely) yet another repeat. 

I am a United States Citizen (USC) through birth (also a military veteran, fwiw). My partner and I were recently married (~six months ago) and are wanting to go through the IR1/CR1 process. The biggest worry we have at the moment, though, is a previously expired tourist visa (more than 180 days; my partner has NO arrests/criminality/etc...). From my understanding, that can be a hurdle, but certainly nothing close to insurmountable, perhaps in small part due to the new federal administration. 

We have printed out the I-130, I-130A, I-864, and I-485 forms with all necessary documentation/copies/etc... and are ready to fill them out. Obviously, we don't want to miss anything, though.

What do we need to know about this expired visa "hurdle" when filling out the forms and going through the process. Perhaps there's another form needed? More documentation? Something I'm not understanding or aware of?    

Thank you very much, again, for any time, help, and feedback on this issue/question.

If there's any more information needed I can give it ASAP.
__________________________________________________________________________

As a secondary question in order to maybe streamline the forum/post: with regards to the AOS, I see that it must state the immigrant must not use "welfare" or public assistance until approval. We have a baby on the way and would like to apply for "emergency Medicaid" to help cover the costs of the birth. Though, maybe that's not necessary, as I am a veteran and could possibly use those benefits and provided healthcare (to be clear, I am not the individual pregnant) to help cover birthing costs.    

You're misusing terminology a little bit. The forms you listed that you plan to file is for Adjustment of Status (AOS). AOS is not the CR-1/IR-1 visa process. AOS is for applicants inside the USA; CR-1/IR-1 visas are for spouses currently residing outside of the USA. They are two separate processes but with the same end result (immigrant being granted permanent resident status and obtaining a green card). Since you confirmed your partner is currently inside the USA and her latest entry was legal and on the expired tourist visa, file the AOS papers ASAP. Overstay for spouses of US citizens are forgiven at the green card interview. Your partner cannot work or leave the USA until she receives a combination card that grants employment authorization and Advanced Parole. These are forms I-765 and I-131 respectively. They are free to file for AOS applicants, so add them to your package.

[Lil bear 4,256]

5 minutes ago, ExcitingFuture said:

Hi Lil bear, 

I remember reading that was/is an important factor - and should have included that! To answer your question, yes, the latest and last entry was 100% legal and "stamped" and approved at the border. 

Reading more into your reply, it sounds like there's no need for extra documentation other than what I have listed there? 

I didnt go through AOS so others will have more to say.. but the AOS itself looks complete to me but add the Employment  and travel applications as well 

Edited March 7, 2022 by Lil bear

[ExcitingFuture 1]

1 minute ago, mushroomspore said:

You're misusing terminology a little bit. The forms you listed that you plan to file is for Adjustment of Status (AOS). AOS is not the CR-1/IR-1 visa process. AOS is for applicants inside the USA; CR-1/IR-1 visas are for spouses currently residing outside of the USA. They are two separate processes but with the same end result (immigrant being granted permanent resident status and obtaining a green card). Since you confirmed your partner is currently inside the USA and her latest entry was legal and on the expired tourist visa, file the AOS papers ASAP. Overstay for spouses of US citizens are forgiven at the green card interview. Your partner cannot work or leave the USA until she receives a combination card that grants employment authorization and Advanced Parole. These are forms I-765 and I-131 respectively. They are free to file for AOS applicants, so add them to your package.

Ok, gosh.. yes, excuse me. 

I thought "AOS" stood for "Affidavit of Support." (on a side note, my post has a "secondary question" related to that at the bottom re: healthcare) 

Ok, so to be clear and I understand... we need to fill out forms I-130, I-130A, I-131, I-485, I-765, and I-864. Is that correct? Basically the "standard package," but also the I-131 and I-765 - yes?  

[mushroomspore 3,044]

8 minutes ago, ExcitingFuture said:

Ok, gosh.. yes, excuse me. 

I thought "AOS" stood for "Affidavit of Support." (on a side note, my post has a "secondary question" related to that at the bottom re: healthcare) 

Ok, so to be clear and I understand... we need to fill out forms I-130, I-130A, I-131, I-485, I-765, and I-864. Is that correct? Basically the "standard package," but also the I-131 and I-765 - yes?  

Oooh gotcha. Technically yes "AOS" could stand for Affidavit of Support but on these forums, "AOS" is used to refer to the Adjustment of Status process and people just refer to form number I-864 to refer to the financial contract known as the Affidavit of Support. So yes all those forms are the correct ones for AOS. The main thing was that you referred to your plan as pursuing the CR-1/IR-1 visa. This is incorrect so I just wanted to clarify that as legal terminology has very specific meanings, so it's just important to know all the details.

 

RE: Healthcare - I don't know enough about this topic to give a confident answer as I have never used emergency Medicaid or even researched it.

Edited March 7, 2022 by mushroomspore

[ExcitingFuture 1]

2 minutes ago, mushroomspore said:

Oooh gotcha. Technically yes "AOS" could stand for Affidavit of Support but on these forums, "AOS" is used to refer to the Adjustment of Status process and people just refer to form number I-864 to refer to the financial contract known as the Affidavit of Support. So yes all those forms are the correct ones for AOS.

 

RE: Healthcare - I don't know enough about this topic to give a confident answer as I have never used emergency Medicaid or even researched it.

Ok, great.  Thank you very much for the replies and help so far. 

Seems to me that with veteran healthcare benefits that should cover a birth (particularly with marriage). Hopefully someone will know a little more. Nonetheless, we're going to get started on the hill of paperwork! 

[mushroomspore 3,044]

1 minute ago, ExcitingFuture said:

Ok, great.  Thank you very much for the replies and help so far. 

Seems to me that with veteran healthcare benefits that should cover a birth (particularly with marriage). Hopefully someone will know a little more. Nonetheless, we're going to get started on the hill of paperwork! 

No problem and the worst part will honestly be the long wait for USCIS to get to your file after you send in all the paperwork. I also recommend using UPS to mail your papers. I used USPS for my AOS package and the tracking stopped updating after it arrived in Chicago. Cue a two-day-long anxiety attack until I saw in my bank account that USCIS cashed our check and that was how I found out our papers got delivered safely. Never again lol!! I used UPS for everything else after that with zero issues (am a citizen now, yay!). Good luck to you both! Honestly it's a gigantic formality and nothing more. But still, prep for the interview when the time comes. Otherwise, try not to stress too much about it and congrats on the baby.

[ExcitingFuture 1]

1 hour ago, mushroomspore said:

No problem and the worst part will honestly be the long wait for USCIS to get to your file after you send in all the paperwork. I also recommend using UPS to mail your papers. I used USPS for my AOS package and the tracking stopped updating after it arrived in Chicago. Cue a two-day-long anxiety attack until I saw in my bank account that USCIS cashed our check and that was how I found out our papers got delivered safely. Never again lol!! I used UPS for everything else after that with zero issues (am a citizen now, yay!). Good luck to you both! Honestly it's a gigantic formality and nothing more. But still, prep for the interview when the time comes. Otherwise, try not to stress too much about it and congrats on the baby.

Gosh, yeah, I'm sure that was anxiety inducing to say the least. Reminds me to make sure to make copies and more copies.

We're prepared for the wait as best as we can. I'm sure it can feel pretty long nonetheless. Thank you for the wishes. And congratulations on your citizenship... woohooo!

[Lemonslice 4,915]

Are you able to add your spouse to your healthcare plan?  While Emergency Medicaid might be available, it's better too have coverage for non pregnancy ailments also...

[ExcitingFuture 1]

4 hours ago, Lemonslice said:

Are you able to add your spouse to your healthcare plan?  While Emergency Medicaid might be available, it's better too have coverage for non pregnancy ailments also...

 

I'm not sure about that. I don't think so - at least with what I currently have. Nevertheless, I agree and will need to call and get a more solid answer. 

[Lemonslice 4,915]

On 3/8/2022 at 8:20 PM, ExcitingFuture said:

 

I'm not sure about that. I don't think so - at least with what I currently have. Nevertheless, I agree and will need to call and get a more solid answer. 

Were you able to enroll your spouse today?