I'm apart from my wife and kids while our I-130 is processing, please help!

[pushbrk 12,877]

38 minutes ago, Mike E said:

It seems like she was never in a period of unauthorized presence, but the timeline is not clear. 
 

If she had more than 180 days of unauthorized presence, she is subject to a ban.

 

You need to do a FOIA on the first I-130 to see why it was denied.

Based on the facts presented, the I-130 and I-485 were denied because they abandoned the process before it was complete.  They left, so never got the notification for the interview.  Maybe never did biometrics.  It's all "abandonment" of the process.  

 

An overstay would have been forgiven, if they completed the process the first time,  but they didn't .  That makes, as you say, the length of the overstay a critical missing fact.

[pushbrk 12,877]

1 hour ago, pushbrk said:

Based on the facts presented, the I-130 and I-485 were denied because they abandoned the process before it was complete.  They left, so never got the notification for the interview.  Maybe never did biometrics.  It's all "abandonment" of the process.  

 

An overstay would have been forgiven, if they completed the process the first time,  but they didn't .  That makes, as you say, the length of the overstay a critical missing fact.

Adding that, if the overstay incurred a ban, the next critical fact is how long she has already been outside the USA.  Perhaps it's longer than the ban would be.

 

[SalishSea 17,819]

12 hours ago, thescoot85 said:

She visited the states this summer for six weeks. My question is that if she visits again and stays longer than 90 days, will that hurt her chances of being approved?

This is immigration fraud, and jeopardizes your entire case.   Not smart.

[Petersaad1 10]

21 hours ago, Dashinka said:

It could, and no one here would recommend entering with intent to overstay.  LDR’s are difficult especially when there are kids involved, but it seems she is able to visit, so my best advice, since you are nearing the finish line for a spousal visa, is to continue the visits, keep them short, and in the next 6-8 months, hopefully the spousal visa will be there.

 

Good Luck!

Why should the stays be kept short?

[Crazy Cat 41,836]

Just now, Petersaad1 said:

Why should the stays be kept short?

Tourist visas are intended for visits....not for living in the US. 

[Petersaad1 10]

5 hours ago, Crazy Cat said:

Tourist visas are intended for visits....not for living in the US. 

Oh i thought you meant petitioner visiting beneficiary

[pushbrk 12,877]

5 hours ago, Petersaad1 said:

Oh i thought you meant petitioner visiting beneficiary

Same concept applies to both, as both are "visiting".

[Petersaad1 10]

On 9/8/2023 at 8:16 PM, pushbrk said:

Same concept applies to both, as both are "visiting".

So if I (petitioner) visit my wife overseas, i should keep it short? Why would that be?

[pushbrk 12,877]

7 hours ago, Petersaad1 said:

So if I (petitioner) visit my wife overseas, i should keep it short? Why would that be?

Depends on what YOU think is "short".  You are allowed to spend some maximum time in any other country.  The required exit date is on your entrance stamp, or well known already by you.  Respect that, or their are consequences.

[Petersaad1 10]

17 hours ago, pushbrk said:

Depends on what YOU think is "short".  You are allowed to spend some maximum time in any other country.  The required exit date is on your entrance stamp, or well known already by you.  Respect that, or their are consequences.

totally not following..i'm a USC visiting another country. You're saying I have a limit as to how long I can stay? Where is this exit date you're referring to?

[Boiler 45,467]

2 minutes ago, Petersaad1 said:

totally not following..i'm a USC visiting another country. You're saying I have a limit as to how long I can stay? Where is this exit date you're referring to?

Normally well all the Countries I have been to when you enter they limit how long you can visit.

[pushbrk 12,877]

6 hours ago, Petersaad1 said:

totally not following..i'm a USC visiting another country. You're saying I have a limit as to how long I can stay? Where is this exit date you're referring to?

It's usually stamped or written on your entry stamp.  Anyway, you can check the country's Embassy website about visas, for the maximum stay for a visitor.  If you are entering via the visa waiver program or "ESTA", it's always 90 days.  It's about the country you are entering.  The USA doesn't care how long you are gone.