If my wife visitor visa expires when her I-130/485 processing ?

A

AKV98

Registered Users (C)
If my wife visitor visa expires when her I-130/485 processing ?
Hello:
I from Israel, and I started my N-400.
My wife came to US visit me last month on a visitor visa when I was LPR still. She has 4.5 months more on her visitorvisa (didnt lie, told I was LPR and outside US, true I was at the time she applied for visa).
If I apply her I-130/485 immediately aftr I gain my USC approved (after oath ? passport?), can she continue stay if her 130/485 in process ? and visitor visa expire ?
Is this a problem later for her USC ? thanks for any help.
 
As long as you apply before her Visitor visa expires, its not a problem. But make sure, she does not leave the country until she gets Advance Parole in her hand
 
whtmyid said:
As long as you apply before her Visitor visa expires, its not a problem. But make sure, she does not leave the country until she gets Advance Parole in her hand
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I would advise against any traveling while the AOS is being processed. Just not worth the risk, unless it is for a real emergency.

Also, you can apply for her change of status only after your oath (after receiving your naturalization certificate). Once the AOS papers are in, she is legal and can stay here.
 
Please confirm, someone .thanks.
1) So she can stay if her visit visa expire when I130/485 still in process, and If I get USC ?
2) If it will be problem in the future during her GC or citizenship ??
3) I read on this forum and other forums about Intent, that entering with visitor visa with intent to immigrate is illegal, and possible deny entry again? i understand this, but she already here when i was LPR, and we already married for 3 years. and she told consulate i was LPR.
4) (theoretical question) If it is late for me to receive USC, and able to apply her I130/485 last minute, and if not yet receive her NOA, then she must leave ? what happens to 485 then?
 
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A1: Yes
A2: No, but see A3
A3: What did she say at the POE. That is the key.
A4: She can overstay her I-94 and still successfully AOS provided nothing bad happens with regards to A3.

AKV98 said:
1) So she can stay if her visit visa expire when I130/485 still in process, and If I get USC ?
2) If it will be problem in the future during her GC or citizenship ??
3) I read on this forum and other forums about Intent, that entering with visitor visa with intent to immigrate is illegal, and possible deny entry again? i understand this, but she already here when i was LPR, and we already married for 3 years. and she told consulate i was LPR.
4) (theoretical question) If it is late for me to receive USC, and able to apply her I130/485 last minute, and if not yet receive her NOA, then she must leave ? what happens to 485 then?
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Hi Triple Citizen:
At consulate for visa, she said she coming to visit family friends. consulate officer asked about husband GC, she said I am outside US at the time for job reasons.
At POE, again the officer ask about husband GC and reason to enter, my wife said Husband back in US after work outside, so she coming to spend time with him and meet friends and family (she here before as student, and she got friends). Officer ask when you plan to return, and how long, my wife show her the return ticket which was 3 months. officer gave 6 month visit visa.

So this means, she must return after 3-6 months, and do consular processing. or she can do I485 here ?? how much problems she will have if she do 485 and at GC interview they ask why you didnt go back ? what is the best way now ?
 
In my opinion, since she was asked about her plans and when she intends to return, I would advise to go the CP route. Had she entered without being asked about you, AOS would have been relatively safe. It may still be safe, but given the fact that her POE interaction specifically mentioned you, I would not take an undue risk of going the AOS route. At the end of the day, the decision is yours. Best of luck!!!

AKV98 said:
At POE, again the officer ask about husband GC and reason to enter, my wife said Husband back in US after work outside, so she coming to spend time with him and meet friends and family (she here before as student, and she got friends). Officer ask when you plan to return, and how long, my wife show her the return ticket which was 3 months. officer gave 6 month visit visa.
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Hi Triple Citizen,
Thanks. Just one question. what is the risk ? denial of GC, re-entry ban ?? also note I will apply for her I130/485 only if i get approved my USC by time she finsih her visit visa exit date (my N400 in process now).
thanks.
 
The worst case scenario is being accused of misrepresentation at the POE, which will obviously result in the AOS being denied.

Note something. She is not in the US right now, but just below, you have indicated intention to file I-485/I-130 for her. This declaration is before her B-2 entry as a visitor. Classic case of pre-conceived intent. You get my point?


AKV98 said:
Just one question. what is the risk ? denial of GC, re-entry ban ?? also note I will apply for her I130/485 only if i get approved my USC by time she finsih her visit visa exit date (my N400 in process now).
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My point was, in your last post, you declared your INTENTION to file AOS for her if you naturalise. This declaration has occured while she is outside the US. Thus pre-conceived intention to file for AOS after she enters the US on B-2 status. Is it clear now?

AKV98 said:
I didnt understand meaning of your last posting.
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Thanks. But just clarifying. she already here with me for 1.5months in US. She apply for visitvisa in august 2009, i was at work outside US on a project. I return to US in Dec2009. My wife arrived US in dec.2009 after i came. Now I apply for USC, receive NOA last week. her visitvisa departure date in May2010 (pls see above post for POE questions asked to her by POE officer). her return ticket Feb2010 but can extend if need.
My question: if I receive USC before May, I apply for her I130/485. And then the visit visa departure date expire in May2010. My wife overstaying her visit visa. So I ask about risk she will be denied 485 because she visit on visitvisa and didnt leave.
 
Triple Citizen said:
Her I-485 will not be denied just because she overstayed her B-2 based I-94 period.
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thanks triple citizen. so in my case describe in abocve posts, you see no problems for my wife at GC stage or afterwards her USC stage ?
no problems with intent (she with return ticket, but didnt return), or something like that..
just wanting to make sure of risks before she decide.. thnx..
 
I never advocate going the AOS route for those on B-2 status. I have been consistently unpopular on this portal because of such views :)
In my previous post I just stated the fact that her I-485 will not be denied just because she overstays. That post in no form or shape means that I personally approve the approach. In my opinion your wife should go the CP route. The point I have iterated in posts #7, #9 and #11.

AKV98 said:
thanks triple citizen. so in my case describe in abocve posts, you see no problems for my wife at GC stage or afterwards her USC stage ?
no problems with intent (she with return ticket, but didnt return), or something like that..
just wanting to make sure of risks before she decide.. thnx..
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The risk when pursuing AOS in this case will not be due to the visa expiration. The risk is of being deemed to have lied at the port of entry, because she was specifically asked at the POE about her spouse and travel plans, and filing AOS would contradict her statements at the POE.
 
Jackolantern said:
The risk when pursuing AOS in this case will not be due to the visa expiration. The risk is of being deemed to have lied at the port of entry, because she was specifically asked at the POE about her spouse and travel plans, and filing AOS would contradict her statements at the POE.
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Hi jackolantern, RealCitizen:
One question.
If I apply for wife consular process, which stage of paper work she required to exit US, and be back at home country ?? after she get I130 approved, or she get NVC letter? or she get interview in consulate date ??assume her I-94 still good and she not require to leave because of it.
(background: please read above posts from me. my wife already in US now with visitvisa, and my USC in process at FP done stage.)
 
Shalom!!!

Just have your wife return to Israel and wait for necessary paperwork via the US consulate there. The risk of GC denial if you file for her now are extremely high. She was asked on two occassions of her reasons to visit the US, not once did she mentioned her intent to procure a greencard. She is likely going to be accused of misrepresentation by USCIS, which will result in denial and order of deportation. After being denied, trying CP route will be rough as well, because she would have a black mark on her immigration record which will be hard to overcome. Check if on her visa page or I-94 card, the POE officer wrote "NO AOS" which means no Adjustment of Status on this trip. Evenif there is no writing, trying to do it will be a horrible experience. Which state are you located?
 
Thnx Triple citizen.

Al Southner:
Please no shalom, i move to US for hello- good morning :)
Actually, we plan to Consular process for my wife after i recieve USC, after all advice from this forum. i ask what stage she need to exit US and stay in home country when she in consular process... i think she allowed to stay in US during her I-130 and NVC stages .. but go back home country for her interview process at consulate ? am i correct ?
thnx
 
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