Aos Through Lpr Soon To Be Citizen Questions

Hello everyone I will try to make my somewhat complicated story brief to see if anyone has experienced anything similar to the situation Me and my wife are going through. Couple of facts first, I am elegible to apply for citizenzhip in may of this year, me and my wife got married in may of last year. My wife has been out of status for about three years.

Heres a brief background story. My wife came in with a tourist visa in 99 and changed her status to student visa which was granted. Then for whatever reason decided to go back to colombia while the f1 was still active. So once she was in colombia and realized that her f1 was about to expire she went to the consulate and asked for an extension to her previous tourist visa (not her f1). This visa was denied by the U.S. CONSULATE in Cali Colombia.

After the visa was denied, she still wanted to come back here, so she came into the U.S. using her sisters passport and visa. So after all this she is out of status.

This is where I come into the picture, we have deciced to attempt to adjust her status with a good immigration lawyer. He has adviced us to file for the I-130 through my LPR status so we can buy some time. After this will hopefully be approved will decided (or more like congress will decided) if we can adjust her status without having to leave the U.S.

I have a couple of questions...First how well does the U.S. government keep track of denied visas in home countries such as colombia. Will they know that her visa got denied in the U.S. consulate in colombia? because if they do not how will they ever know she left the country. is there even a slight chance the government has no record of this denied visa if she was denied before 9/11

Second how long is the wait if she eventually has to go back to colombia to wait for a visa? a couple of months? anyone have any experience on how long this will take?

I think this are all my questions for now, im sure I will be in here more often since we have already or soon will be filing the I-130 if anyone can answer any of the questions above I would appreciated it. Thanks!

P.S. we're residing in new jersey

[princesskate]

I'd suggest your wife going back to Columbia & you apply AOS for her using her real name. Denial of a tourist visa is not a serious problem but using another's identity...
Of coz the downside: your wife's sis would have a 10-year ban because of (officially) her overstay.

Otherwise I don't see how you can fix this - you'll be officially married to your wife's sister & your wife will be her sis for the rest of her life...

thanks for your response, but you misunderstood me, she only used her sisters passport to enter the country, everything her license, taxes our marriage is done under her own legal name not her sister's.

[rex1960]

This is certainly beyond my expertise but I tend to think that entering the US with somebody else's passport is concidered illegal. She might not be eligible for AOS. You'd be better off consulting a good immigration lawyer.

well we have consulted a good immigration lawyer and his strategy is the following. Apply for I-130 now as an LPR wait for my citizenship then upgrade the petition. Meanwhile we wait if there is any luck with congress passing another temporary measure on forgiving ewi's. If not then wife goes back to colombia and applies for a visa there. I think thats the only way to do it. Im just worried of the time my wife will be spending in colombia. hoping it does not become years.

[payala]

I would sugges that she leaves the country and pretends as if she was never here. Her sister will probably never be allowed to enter the US since a tourist visa will probably be denied. After you become a citizen you can upgrade your petition and I think she will be able to come back in to the US in like 4 months after that. In my opinio, the USCIS probably knows that her visa was denied and stuff. If they find out that she used someone elses passport to enter the country she will probably not be allowed to change her status.

[Suzy977]

Originally Posted by payala

I would sugges that she leaves the country and pretends as if she was never here. Her sister will probably never be allowed to enter the US since a tourist visa will probably be denied. After you become a citizen you can upgrade your petition and I think she will be able to come back in to the US in like 4 months after that. In my opinio, the USCIS probably knows that her visa was denied and stuff. If they find out that she used someone elses passport to enter the country she will probably not be allowed to change her status.

If ever they find out about it she will deported and banned for entry to US forever....I'm not sure about this part, but probably some jail time may be in the picture

[GotPR?]

Originally Posted by wiggit07

thanks for your response, but you misunderstood me, she only used her sisters passport to enter the country, everything her license, taxes our marriage is done under her own legal name not her sister's.

She filed tax and married under her name. It shows she was in the US, but there is no record of entry in her passport(no stamp) and US custom's record.
In theory, US authority can know she somehow sneaked into the US.
If USCIS digs into this case, eventually they may feel some suspision.

[rex1960]

What are you talking about ?? Of course USCIS knows about it.
When filing I-485 the applicant has to tell them the POE of latest entry.

So, Conzuela is in the US under Marias name
1)
She files the date under her sister's name and passport, and they won't find anything in their files since she's also entitled to tell them the number of I-94. That's how they learn, that Conzuela is filing, but Maria entered the US.
2)
She files the right date under her own name, which is way back then, and now she not only overstayed for so long but she also can't file the I-94 number because she doesn't have one anymore (remember she left the country already in fact). That's how they learn that Conzuela left the country back then, sneaked in later and is now here.

That's going to be a lot of questions popping up, one of which is probably a check with the consulate in Colombia

[lakelady]

That is just BAD. I'm sorry but your wife wasn't very smart. From what I know using fake id's is a crime. Well, it wasn't a fake passport but she was pretending she was someone else, that is as bad as producing fake id's. And I think the USCIS will find out. I guess I agree with what most people say here, she should leave and apply through CP. Yes, sucks that she needs to be away, but after you get citizenship it won't take that long. Good luck!
As for her sister.... she probably will be banned from coming into the US for some years because she overstayed her visa.

[GotPR?]

Originally Posted by rex1960

What are you talking about ?? Of course USCIS knows about it.
When filing I-485 the applicant has to tell them the POE of latest entry.

So, Conzuela is in the US under Marias name
1)
She files the date under her sister's name and passport, and they won't find anything in their files since she's also entitled to tell them the number of I-94. That's how they learn, that Conzuela is filing, but Maria entered the US.
2)
She files the right date under her own name, which is way back then, and now she not only overstayed for so long but she also can't file the I-94 number because she doesn't have one anymore (remember she left the country already in fact). That's how they learn that Conzuela left the country back then, sneaked in later and is now here.

That's going to be a lot of questions popping up, one of which is probably a check with the consulate in Colombia

Of course, if she told truth in I485, it's all over as entering the US with false document is serious offense.
My point is even though she pretended she did not come to the US recently as suggested by other postings, USCIS can potentially find it out.

My suggestion is talking to REALLY good lawyer. Only legal way out is probably claiming hardship(but it's hard though).