Crazy Cat

I am certainly not making accusations, but it is not uncommon for "friends" to help a person play the system in order to get a Green Card. Under the current situation, it may or may not be the case.

Of course she can. She probably knows that the current administration is canceling some TPS and heavily scrutinizing asylum cases. Her only certain path to remaining in the US is through you.

I-485 for adjustment of status....her Green Card paperwork. Her coach has probably informed her that it is the next step.

Maybe she just needs a place to land temporarily until she obtains employment.

So, you are considering reconciling?

How do you feel about her "coming home"?

***One comment edited by VJ moderation to comply with the Terms of Service regarding language***

***Related topics merged***

Impossible. Her visa has already been used.

When did she enter the US? She can't stay legally after 90 days.

***Old thread closed for further comments***

After I did more research, I agree 100%.

OK. I think you are right. After your comments and a little more research, I believe unlawful presence starts when the I-485 is abandoned. I do not believe it would be retroactive to the I-94 expiration. Thus, the OP filed a proper I-485 prior to expiration of the I-94, and there was no unlawful presence.

It will come out regardless. I would not offer anything which could open up more questions.

I am finding that unlawful presence starts upon denial of an I-485. You are correct that the same could apply when the I-485 was considered abandoned. In the OP's case, there be no ban regardless.

But the Adjustment of Status was abandoned....I assume unlawful presence started after the I-94 expired. If I am wrong, the OP has even less than 5 months overstay.

If you are on their radar, there is a possibility.

The I-130 will ask about any previous petitions filed.

You were out of status after 90 days inside the US via a K-1. That would have been roughly September 25. Leaving on February 25 would be about 5 months in unlawful presence. That would be worst case. Seems to me that you were out of status less than 180 days. I see no ban for that. US spouse can start the spousal visa process by submitting an I-130.

Interesting read. Zelensky is a very stupid man if took the advice of these people. He has endangered his political career, the lives of more people, and his country's future.

You are right about the frustration. I think we all have felt it, but even open and shut cases have to wait until they are at the front of the line. 1. Based on this USCIS quarterly report (4th Quarter of FY 2024), there were more than 2 MILLION cases pending. Looks like they processed 816, 549 cases, but they received 981,202 cases. 2. I'm not sure there is a way to automate the process. Every case has to be vetted by human eyes and human judgement. quarterly_all_forms_fy2024_q4.xlsx

Thanks for pointing that out. I have referred this to the Mod group for review.

She won't be entering the US for 5 years unless a hardship waiver is granted......That could take a year or two after her interview.

Link? That is inaccurate.

A dual status alien is someone who is a resident alien for only part of the year. This could be helpful if she had significant income prior to entering the US. That does not seem to fit your case. She does not have a Green card, thus she fails the Green Card test. It seems she was not in the US for 183 days during the three-year period that includes the current year and the two years immediately preceding it., thus she fails the substantial presence test. That leaves her as a non-resident alien. However, to file a joint return, she must elect to be treated as a resident alien for tax purposes. Dual status aliens cannot file a joint return. Non-Resident aliens cannot file a joint return unless they elect to be treated as resident alien for tax purposes.