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Filed: Timeline
Posted

hello folks.. i am new here so forgive my newbishness lol... anyway here is my situation... wondering on advice... from what i read can be bad/good.. any way i married in el sal on june 30 my wife entered the us on a b1/b2 tourist visa for about a week. She ha valid job and residence there in el sal to allow this.. now she entered again a month later on a valid i-94 she brought all the nessacary paperwork with her for us to file a ir-130.. I started reading up on forums and such on what it would do to apply for residence pardon the spelling :) any way she is here wit me and i am filing but she did not intend to come with the obligation to stay it just sorta happened here i-94 is good till febuary so my first question is will this cause her problems? in obtaining a visa for a spouse? if she leaves the us now she will have a job ect.. but not be allowed in again until she has been removed from the list from what i have read could be 5-10 years is this the case? if that is the case i would rather she just stay what can i do now since i was not aware of this until i start to do research into this ?

thank you in advance for your response

kadmiel

Posted

Welcome to VJ. :thumbs: Wait until tomorrow, you should have someone with some sort of experience concerning your questions otherwise you might seek legal counsel.

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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Posted
hello folks.. i am new here so forgive my newbishness lol... anyway here is my situation... wondering on advice... from what i read can be bad/good.. any way i married in el sal on june 30 my wife entered the us on a b1/b2 tourist visa for about a week. She ha valid job and residence there in el sal to allow this.. now she entered again a month later on a valid i-94 she brought all the nessacary paperwork with her for us to file a ir-130.. I started reading up on forums and such on what it would do to apply for residence pardon the spelling :) any way she is here wit me and i am filing but she did not intend to come with the obligation to stay it just sorta happened here i-94 is good till febuary so my first question is will this cause her problems? in obtaining a visa for a spouse? if she leaves the us now she will have a job ect.. but not be allowed in again until she has been removed from the list from what i have read could be 5-10 years is this the case? if that is the case i would rather she just stay what can i do now since i was not aware of this until i start to do research into this ?

thank you in advance for your response

kadmiel

I would like to try to help, but I'm not fully understanding your situation. Why do you think she will receive a ban? I don't see any mention of overstays.

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_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Filed: Timeline
Posted

What i have been reading is if she is in the us on a b2 visa and already married to a us citizen the federal government kinda frowns apon this.... so when i submit the forms for either the i-130 or the 425 for adjustment of status.. I have read on these forums that it can be a bad thing.. alothough i have not read anything specifically banning anyone who does that.. but there is always that chance.. It was not like we were goign to stay becuase we both have pretty decent jobs abrad but i was offered a new job up here so we would like to remain together if its possiable.. but since she did not travel here on a spouse visa then she would have to go back once her i-94 expires in feb 08.. POE gave here a 6 month stay in the us so the stamps and she is in the us legally.. i am just wondering if it will be denied if we did that or what type of issues they may reflect in..

Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline
Posted

Are you asking if your wife can stay here after her B1/B2 visa expiration date? If so the answer is NO!!! After the tourist visa expires your wife will have to return to El Sal while the I-130 process completes. She cannot stay here and adjust status just because she is here on a tourist visa. You were already married in El Sal and your wife came here as a tourist. If she overstays you risk a long-term ban from her coming to the US.

What i have been reading is if she is in the us on a b2 visa and already married to a us citizen the federal government kinda frowns apon this.... so when i submit the forms for either the i-130 or the 425 for adjustment of status.. I have read on these forums that it can be a bad thing.. alothough i have not read anything specifically banning anyone who does that.. but there is always that chance.. It was not like we were goign to stay becuase we both have pretty decent jobs abrad but i was offered a new job up here so we would like to remain together if its possiable.. but since she did not travel here on a spouse visa then she would have to go back once her i-94 expires in feb 08.. POE gave here a 6 month stay in the us so the stamps and she is in the us legally.. i am just wondering if it will be denied if we did that or what type of issues they may reflect in..

I-130...CR-1

02/27/06 Filed CR-1, I-130 thru TSC

07/26/06 NVC assigns case #, Wife e-mails choice of agent to NVC

10/10/06 Receive, complete and submit I-864 and DS-230

04/02/07 Back to Taiwan for visit and Interview

04/06/07 Received CR-1 visa

04/10/07 POE through Detroit

04/30/07 2 Year Green Card Received

Lifting Conditions

01/10/09 File I-751 at VSC

06/24/09 Received 10 year GC

Citizenship

07/27/10 Filing Date for N-400

08/03/10 Check cashed - as of 8/26 never received NOA so made InfoPass

08/31/10 InfoPass for Biometrics

11/10/10 Interview Date, Passed

02/18/11 Scheduled oath ceremony

Filed: Timeline
Posted (edited)

well sorta that was part of it but if she is already up here on the b2 visa will that not cause a red flag even if she does go home prior to the end of her i 94 expireing or is that perfectly fine to do meaning if i file the i130 while she is here instead of waiting for her to go back to el salvador.. or can we start the process now with out and issues?

Edited by kadmiel
Filed: Other Country: China
Timeline
Posted
well sorta that was part of it but if she is already up here on the b2 visa will that not cause a red flag even if she does go home prior to the end of her i 94 expireing or is that perfectly fine to do meaning if i file the i130 while she is here instead of waiting for her to go back to el salvador.. or can we start the process now with out and issues?

As long as she doesn't overstay the current I-94 there is no impact on the immigrant visa process.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: K-3 Visa Country: Italy
Timeline
Posted

Yes the only thing that can cause problems is if she overstays a visa. As long as she doesn't you are fine. File the I-130 asap and hopefully you won't have to be apart for too long!

Good luck

Married Jan 2007

I-130

03/21/2007 sent to NSC - 06/18/2007 NOA2 - 89 days

NVC stage

07/24/2007 e-mailed DS-3032 choice of agent

01/04/2008 Approved - visa in my hand! 289 days

01/13/2008 Entry the US

10/15/2009 I-751

12/03/2009 Biometrics

1/06/2010 Removal of conditions approved

  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Romania
Timeline
Posted
hello folks.. i am new here so forgive my newbishness lol... anyway here is my situation... wondering on advice... from what i read can be bad/good.. any way i married in el sal on june 30 my wife entered the us on a b1/b2 tourist visa for about a week. She ha valid job and residence there in el sal to allow this.. now she entered again a month later on a valid i-94 she brought all the nessacary paperwork with her for us to file a ir-130.. I started reading up on forums and such on what it would do to apply for residence pardon the spelling :) any way she is here wit me and i am filing but she did not intend to come with the obligation to stay it just sorta happened here i-94 is good till febuary so my first question is will this cause her problems? in obtaining a visa for a spouse? if she leaves the us now she will have a job ect.. but not be allowed in again until she has been removed from the list from what i have read could be 5-10 years is this the case? if that is the case i would rather she just stay what can i do now since i was not aware of this until i start to do research into this ?

thank you in advance for your response

kadmiel

kadmiel, Look at your timeline. Your timeline is BS and do not make sense. Please, correct it ...

 
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