What wife of an LPR can do to stay legally in US?

[FeniX 0]

Hello everybody,

Our situtation is as follows:

A ) I am an LPR, as soon as in Feb 2007 I will apply for USC.

B ) my wife in currently on extended tourist visa in USA, now she tries to extend the B1 visa for the second time.

C ) we got married on Sep 25th 2006 (petition I-130 not yet filed).

If she gets the 2nd extension of her B1 visa ( until May 2007) there would be a real chance for her to get the GC right after I become approved fo USC.

but... there is small problem

We checked my wife's visa extension status online and it seems that USCIS need some additional info - don't know details, letter from USCIS not yet arrived.

Questions:

1) can my wife stay illegally (after her B1 visa expires) in USA until I become USC and file AOS (GC) on her?

2) If USCIS denies her B1 visa extension, is there any other option for my wife to stay legally in the USA?

Thank you very much for your valuable opinions.

[KarenCee 3]

I'm foncused.

You became an LPR from what status?

Staying illegally? Um....not sure I'm understanding this one at all. Since you're not a citizen yet, I'm guessing this would be a no. Only citizens can petition for a foreign relative...at least this is the way I understand it. Never heard of a GC holder petitioning for a fiancée or spouse.

As for extending the B1 visa....that might be possible, but again, not sure.

This sounds like a really good case for an immigration lawyer.

[YuAndDan 153]

I'm foncused.

You became an LPR from what status?

Staying illegally? Um....not sure I'm understanding this one at all. Since you're not a citizen yet, I'm guessing this would be a no. Only citizens can petition for a foreign relative...at least this is the way I understand it. Never heard of a GC holder petitioning for a fiancée or spouse.

As for extending the B1 visa....that might be possible, but again, not sure.

This sounds like a really good case for an immigration lawyer.

Not true, an LPR can petition for a spouse, they don't get the unlimited status like a US Citizen, They get Family Second preference (F-2), upon becoming a citizen then the preference can be switched to IR-1.

http://travel.state.gov/visa/immigrants/ty...types_1493.html

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

This may be a good question for an immigration attorney, though I have read that overstays tend to be forgiven at Adjustment of Status for your spouse, but what if the deny you citizenship for harboring someone illegally overstaying a visitors visa?

The only wrinkle I see is that this may affect your petition to naturalize, again contact a good immigration attorney and ask if harboring someone illegally on the country can affect the citizenship petition.

Edited November 27, 2006 by YuAndDan

[Killer_Clown_2009 0]

I really think you should talk to a lawyer about this.

Anyway, file her I-130 ASAP, so you can get started on her immigration process once you are a citizen.

Edited November 27, 2006 by jane2005

[FeniX 0]

I'm foncused.

You became an LPR from what status?

I don't think is important here, but I received a GC through my father who won it on VISA lottery 10 years ago.

Staying illegally? Um....not sure I'm understanding this one at all. Since you're not a citizen yet, I'm guessing this would be a no. Only citizens can petition for a foreign relative...at least this is the way I understand it. Never heard of a GC holder petitioning for a fiancée or spouse.

As for extending the B1 visa....that might be possible, but again, not sure.

This sounds like a really good case for an immigration lawyer.

LPR also can petition for foreign relatives - that's a fact.

B1 extension worked out once, but we have no idea if it will work the second time...

Well, visiting the lawyer seems to be the worst case scenario, no guarantee for anything and tons of money required

Thanks for your opinion.

[Killer_Clown_2009 0]

There are immigration lawyers who will give you advice for free. some even have online forums like this and they are happy to help you out. I don't know if I am allowed (by VJ) to direct you to a lawyer who has helped me for free via his online forum or not, so I suggest you do a web search and try to find some free legal help.

It doesn't matter how you became an LPR, as an LPR you can file an I-130 for your spouse.

[FeniX 0]

This may be a good question for an immigration attorney, though I have read that overstays tend to be forgiven at Adjustment of Status for your spouse, but what if the deny you citizenship for harboring someone illegally overstaying a visitors visa?

The only wrinkle I see is that this may affect your petition to naturalize, again contact a good immigration attorney and ask if harboring someone illegally on the country can affect the citizenship petition.

understand. it seems that my wife would have to go back to Poland for a few months in order to be OK with US immigration laws. moreover I may need it to pass the citizenship interview... I heard that USCIS may decline USC when spouse stays illegally in USA.

As for going to the lawyer, we tried 2 of them already, and will never see any of them again... Lawyers are bunch of money-sucking ignorants, sorry have no mercy for them. Our life would be much easier if we hadn't listened to one of them...

[KarenCee 3]

Then I apologize to everyone for posting something inaccurate. I did state that I wasn't sure in my post though. I guess I should refrain from posting if I'm not sure, eh? Learn something new everyday.

[Killer_Clown_2009 0]

Hey karen you did say you were foncused

What you said wasn't inaccurate. lol, you just said you hadn't heard of a GC holder doing it and you hadn't!

[KarenCee 3]

Hey karen you did say you were foncused

What you said wasn't inaccurate. lol, you just said you hadn't heard of a GC holder doing it and you hadn't!

Thanks Jane...I appreciate it. Yes, I said foncused.

[aussiewench 9]

Information for Your Alien Relative

If you are a U.S. citizen and your spouse is currently in the United States, your spouse may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative. For information on how to file this application, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States?

If you are a lawful permanent resident, and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number is available. If your spouse is outside of the U.S. at the time of notification, he or she must go to the local U.S. consulate to complete visa processing with the Department of State issued visa number. If in the U.S., your spouse may file the Form I-485 using the Department of State issued visa number. For information on how to file this application, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States?

Source

I would definately seek legal advice as to whether this is possible given your circumstances.

[YuAndDan 153]

This may be a good question for an immigration attorney, though I have read that overstays tend to be forgiven at Adjustment of Status for your spouse, but what if the deny you citizenship for harboring someone illegally overstaying a visitors visa?

The only wrinkle I see is that this may affect your petition to naturalize, again contact a good immigration attorney and ask if harboring someone illegally on the country can affect the citizenship petition.

understand. it seems that my wife would have to go back to Poland for a few months in order to be OK with US immigration laws. moreover I may need it to pass the citizenship interview... I heard that USCIS may decline USC when spouse stays illegally in USA.

As for going to the lawyer, we tried 2 of them already, and will never see any of them again... Lawyers are bunch of money-sucking ignorants, sorry have no mercy for them. Our life would be much easier if we hadn't listened to one of them...

Glad you are doing the right thing, and besides wife returning to Poland to avoid being out of status is the best thing to do in your case, and she can visit friends and family.

As another poster said file that I-130 ASAP, If you do it soon it probably will be past NOA2 by the time you become citizen. After you become citizen then contact NVC, if you have NOA2 and Citizen certificate, and they will bump the case from F-2 to IR-1 visa.

Good luck with the Naturalization, and visa petition.

Edited November 27, 2006 by YuAndDan

[Dr_LHA 3]

Personally I would not bother filing the I-130 until you have your citizenship. According to the latest visa bulletin, the current priority date for a the F2A category is March 2002. Therefore you will likely get your citizenship before the I-130 can be approved by many years. You could upgrade the I-130 when you get citizenship, but as filing I-130 now doesn't confer any status on your wife right now, it would be pointless to do so.

So my advice, wait until you are a USC and then file I-130. As for her staying the country, she's illegal so its a risk. The correct thing to do would be for her to go back to Poland and for you to file for a K-3 visa when you get your USC. Extending her B1 will probably not work as you're now married.

Edited November 27, 2006 by dr_lha

[FeniX 0]

I heard also that filing I-130 as a GC holder take too long, especially when I should have citizenship interview in less than a year. I'd rather wait with I-130 (+ biometrics) and I-485 until I become a citizen.

Guys, what's the trick with K-3 visa? I thought that if I have a citizenship my wife would almost instanlty (3 months or so) receive a GC. why should I file K-3 papers?

she is still in process of extending (I-539) her tourist visa for the second time. how do you bet? what are the chances the she can get it considering the fact we got married on Sep 25th this year?

Edited November 27, 2006 by FeniX

[kim&james 0]

Fenix ... no there is no such thing as a instant greencard for your wife..

once you file your I130 and receive Noa1 for it (after your citizenship) youwill be able to file for the I129f (k3)

the K3 is designed to get your spouse to the USA as fast as possible. this visa came about when delays processing the I130 where moving into years not months...

however, if your wife enters on a K3 she will then have to AOS.. adjust her status here in the states.

no bets on your wifes extension... just hope and pray that she does.

Edited November 27, 2006 by kim&james