overstay and AOS

S

smile1

Registered Users (C)
Hi,
I have been reading these forums for quite some time now and must say it is THE best guide for ppl looking for all kinds of immigration answers.With that faith ,i'm posting my situation ......if anyone has been thru the same or has any experience to share or advise for me,i'll be grateful.

I'm an indian citizen n got married to my now husband last march who was at that time a GC holder but haad already filed for citizenship.I cme to US on 15 apr,06 on B1 with I-94 till oct15,06.My husband's interview took place in may,06 but due to misplacing his file,his oath ceremony is now on april 18,07.His attrny suggested that even if i overstay my I-94,we can apply for AOS if we do so within 180 days ...and we were quite hopeful we will!

Now,the 180 day period is also going to be over and my paperwork(we plan to get legally married here after his oath) wont be filed within that timeframe.How long is it taking for GC to be processed?Can i get a driving license b4 my GC ?I know now i cant have AOS but have to get a GC straightaway.Just wanted to know if i'm in a bad situation.We have a very reputed attny tho.Anybody with similar experiences?Thanks in advance.
 
smile1 said:
His attrny suggested that even if i overstay my I-94,we can apply for AOS if we do so within 180 days
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He needs a new attorney.

Once your I-94 has been expired for over 180 days you are subject to the 3-year re-entry bar. After 365 days, you are subject to the 10-year re-entry bar. Once your husband becomes a US citizen he should file an I-130/I-485/I-765 for you.

Do not file for Advanced Parole, and do not leave the United States UNDER ANY CIRCUMSTANCES UNTIL YOU BECOME A PERMANENT RESIDENT.

And get a competent attorney.
 
TheRealCanadian said:
He needs a new attorney.

Once your I-94 has been expired for over 180 days you are subject to the 3-year re-entry bar. After 365 days, you are subject to the 10-year re-entry bar. Once your husband becomes a US citizen he should file an I-130/I-485/I-765 for you.

Do not file for Advanced Parole, and do not leave the United States UNDER ANY CIRCUMSTANCES UNTIL YOU BECOME A PERMANENT RESIDENT.

And get a competent attorney.
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I'm aware of the re-entry ban and do not plan to leave till i bcom PR......but how long does that take from the time of filing papers?Any idea on current timeline?
 
hi

smile1 said:
Hi,


I'm an indian citizen n got married to my now husband last march who was at that time a GC holder but haad already filed for citizenship.I came to US on 15 apr,06 on B1 with I-94 till oct15,06.My husband's interview took place in may,06 but due to misplacing his file,his oath ceremony is now on april 18,07.His attrny suggested that even if i overstay my I-94,we can apply for AOS if we do so within 180 days ...and we were quite hopeful we will!
like the TheRealCanadian said, you can file anytime even after 180 days, just don't leave the US..for the love of God !

Now,the 180 day period is also going to be over and my paperwork(we plan to get legally married here after his oath) wont be filed within that timeframe.

Again, no worries about that. Overstay by spouses of citizens is forgiven in most cases ( am using this text from Dr Lha's post from the past)

How long is it taking for GC to be processed?
depends on each case, anywhere from 3 months to infinity. What district office are you in?
Can i get a driving license b4 my GC ?
I doubt...maybe after EAD, you can apply for soc sec number and then you can

I know now i cant have AOS but have to get a GC straightaway.
AOS is an integral part of getting a green card. If you don't do AOS, you don't get it...

He has to file for your I130/ I485 concurrently once he gets his citizenship oath done. He shud provide a copy of his citi cert with the forms, no need to wait for his US passport.

Just wanted to know if i'm in a bad situation.

You are not in a bad situation. But you need to be careful, you have overstayed and haven't officially married in the US yet. you shud get that done asap, no need to wait for him to be a US citizen and then marry. You will end up getting a conditional GC (for marriage less that 2 yrs) in this case
We have a very reputed attny tho.Anybody with similar experiences?Thanks in advance.
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Thanks for the prompt reply.I'm sorry about the AOS part.....i meant advance parole:o .I'm in chicago.
 
kkboy said:
Overstay by spouses of citizens is forgiven in most cases ( am using this text from Dr Lha's post from the past)
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Actually, it's forgiven in ALL cases. USCIS cannot deny an adjustment based on overstay, no matter how long it's been.

But you need to be careful, you have overstayed and haven't officially married in the US yet. you shud get that done asap, no need to wait for him to be a US citizen and then marry. You will end up getting a conditional GC (for marriage less that 2 yrs) in this case
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They appear to be already married for almost a year now; the delay in the citizenship might actually be a blessing since it'll raise the odds that they're married for 2 years once the I-485 is approved, hence no conditional GC.
 
I think they lied on her B2 visa form ;-)

RealCanadian said:
They appear to be already married for almost a year now; the delay in the citizenship might actually be a blessing since it'll raise the odds that they're married for 2 years once the I-485 is approved, hence no conditional GC.[/QUOTE]

RealCanadian,here's what she said in her first post
Now,the 180 day period is also going to be over and my paperwork(we plan to get legally married here after his oath) wont be filed within that timeframe.

I think, they didn't register their earlier marriage and are planning 1 here..right smile1 ? If yes, then she filled her status as "single" on her B2 visitor form? ;-) I hope the husband has filed taxes as single all along so far.
 
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her AP is a waste...

rjo1 said:
Just wondering - why can't smile1 apply for Advance Parole ?
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she will be gladly let go from the US...but won't be let in since she overstayed her visa earlier. Waste of money...for AP, in this case.:o
 
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kkboy said:
RealCanadian said:
They appear to be already married for almost a year now; the delay in the citizenship might actually be a blessing since it'll raise the odds that they're married for 2 years once the I-485 is approved, hence no conditional GC.
Click to expand...

RealCanadian,here's what she said in her first post
Now,the 180 day period is also going to be over and my paperwork(we plan to get legally married here after his oath) wont be filed within that timeframe.

I think, they didn't register their earlier marriage and are planning 1 here..right smile1 ? If yes, then she filled her status as "single" on her B2 visitor form? ;-) I hope the husband has filed taxes as single all along so far.[/QUOTE]

Thats true....i just came as a tourist
 
smile1 said:
I think, they didn't register their earlier marriage and are planning 1 here..
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Then they have bigger issues, since she was legally married earlier. You don't need to "register" a foreign marriage here.

If yes, then she filled her status as "single" on her B2 visitor form? ;-) I hope the husband has filed taxes as single all along so far.
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Wonderful. It looks like someone may have committed perjury and/or immigration fraud.
 
Smile1 has issues because she came to the US already married to her husband. USCIS may look at this as visa fraud.

As for the question of Advanced Parole, I would suggest that the person doing an AOS dont leave the US until GC comes down if there is even a day of overstay. U never know what happens at the POE. And because you dont want to travel till GC arrives, it is a waste of $170 for AP or u can if the Adjustee wants to play russian roulette at the POE.
 
The idea was not to reveal my marriage at all and just get married here n apply for AOS etc.We did not want to stay apart for a year or so or however long it takes for K visa:(
 
you are still ok...

...it's just that we know about it, not the "others" :-). What you will be/might be grilled about (during the interview) is..how soon u got married to him after entering on B2, and if you knew him b4 coming to the USA. Also, they might question your intent for B2. Be prepared to answer questions.

anyway, good luck, send the paperwork properly !
 
USCIS can be a very efficient sometimes. How sure are you they wont look into your marital status from the country of origin? And if they did and you lied about that on your app or any USCIS forms, everything goes down the drain because the lies are on record. I am not trying to be pessimistic here and surely I understand your desire no to be separated with your husband. However, visa fraud can be gleaned in here if USCIS determines that you applied a B2 as single when in fact you were already married and clearly has an immigrant intent using the same visa to come to the US. This is why I suggest to contact a competent lawyer to look into your case. Good luck and I wish you overcome this hurdle.
 
thanks for all of your feedback and wishes! I actually renewed my visitor's visa 2 yrs ago and also visited US when i was single.As for the mrg in india, there is no official record as we did not get it registered.
I know we are all in the same boat here in the sense that we want to settle down with our families here and have all our paperwork done smoothly and on time!my best wishes to all of us here:)
 
Smile1,
As long as your marriage in India was not recognised by your state/central government, you are ok. Was your B-2 visa issued before or after this "unregistered" marriage of yours?
Not to scare you, but I am aware of a similar story. A Pakistani origin couple tried to do the same. They had their "nikah" (religious marriage) in Pakistan. The girl came to the US as "single" and then married her husband in a civil ceremony 5 months after her B-2 entry. Filed for AOS and waited for the interview. At the interview the first thing the officer asked the girl was, "Where did you live during the first 5 months of your stay?". She honestly told the officer, "With my husband". The officer pounced and said "As far as I know, in your culture, couples do not live together outside wedlock". The couple panicked. They were separated. Interviewed by two different officers. They "nikah" fact came out. One of the officers called the Pakistani Embassy in DC and asked them if a "nikah" is considered legal marriage. The consular staff confirmed that it is. The girl was accused of B-2 fraud and deported. The guy was also fined and/or charged. I think they are still fighting it out with lawyers.
Again, I am not trying to scare you. Just wanted to let you know that on rare occasions, small blemishes can really cost.
I hope you have a smooth AOS. Good luck!!!
 
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