B1 visa married with a USC

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Margaret95

Registered Users (C)
Hi

I'm new here and I need som help. I married a US citizen on Jun 30th 2005, I arrived here Aug 4th 2004 and my I94 expired oct 2004, I got an extension of stay until Jan 10th 2005, I asked for a second extension of stay but it was denied and the letter from immigration says that I started an unlawful presence in the US and they gave me 180 days to leave the country. My husband and I are filling the form I130, but I would like to know if I would have any problem because of my status. Thanks

Margaret
 
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I dont think there is a problem

Margaret95 said:
Hi

I'm new here and I need som help. I married a US citizen on Jun 30th 2005, I arrived here Aug 4th 2004 and my I94 expired oct 2004, I got an extension of stay until Jan 10th 2005, I asked for a second extension of stay but it was denied and the letter from immigration says that I started an unlawful presence in the US and they gave me 180 days to leave the country. My husband and I are filling the form I130, but I would like to know if I would have any problem because of my status. Thanks

Margaret
Click to expand...

Being the spouse of a USC, you are pardoned for your overstay.
look here...
http://uscis.gov/graphics/howdoi/lpreligibility.htm#j

I hope you know you can also submit I-485, I-765 along with the I-130. Since you overstayed, its not a good idea to apply for I-131 (Advance Parole) / leave the country till you get your green card. If you do, you will trigger a 3 year bar from entering US.

Also, 245(i) does not apply to you since you are the spouse of a USC. That means you dont have to fill up I-485 Supplement A.

This is only my opinion, you may still want to consult an immigration attorney to make sure you havent missed anything.

Good Luck!
 
Since you are married to a USC your overstay is forgiven. A positive point can be consider that you didn't want to be in a unlawful presence since you asked previously for an extension. Now, since the second was denied and they sent you a letter saying that you have 180 days to leave the country (can consider as an order), is better to check out with an immigration lawyer if it that can be consider as volunteer "proceedings".

As a spouse of a USC you can apply for I-130 concurrently with the adjustment of status packet forms: I-485, I-864 and I-693. You can apply for employment authorization too I-765. You can't apply for AP (Advance Parole or travel document) while your case is pending since you overstay more than 180 days and you are bar for 3 years to re-entry to the US if you leave. At the end, you have to demostrate that your marriage is in bona fide and not to avoid immigration laws.

Good luck,
 
Thank u for your help!

Thank u for your help. I had visited the immigration website before and I didn't see this information. Thank u. I have another question. In the form I130, question #16 Has your relative ever been under immigration proceddings? what should I answer: yes or no. Then they say "removal, exclusion/deportation, recission, judicial proceedings". I'm confused, pls help!

Thanks

Margaret
 
Margaret95 said:
Thank u for your help. I had visited the immigration website before and I didn't see this information. Thank u. I have another question. In the form I130, question #16 Has your relative ever been under immigration proceddings? what should I answer: yes or no. Then they say "removal, exclusion/deportation, recission, judicial proceedings". I'm confused, pls help!

Thanks

Margaret
Click to expand...

I dont want to give you a wrong answer as I am not sure if getting a letter from USICS asking you to leave in 180 days can be considered as immigration proceedings. You might want to talk to a lawyer or an expert here on this forum who could clarify. Anyone?

Good Luck!
 
Correct. Before fill the forms, just check out with an immigration lawyer what really means the letter.

In the letter that they sent to you ask for a reply? It's says something else, like a name of letter, code or is in a form? somebody signed it?

Good luck,
 
cherr1980 said:
Correct. Before fill the forms, just check out with an immigration lawyer what really means the letter.

In the letter that they sent to you ask for a reply? It's says something else, like a name of letter, code or is in a form? somebody signed it?

Good luck,
Click to expand...


The letter has no name, just says DECISION, it doesn't have any code and it's not in a form, it's just a letter with a sealed signature from the director of texas service center. It doesn't ask for a reply either. I don't have money to pay a lawer right now and my husband is looking for a job right now. Please help! Thank u
 
I was searching and I found this:
http://www.immihelp.com/visas/extend.html

I am still with a little concern, but don't get worry for what I think, maybe we all are worry for something foolish!. The problem that none of us are immigration lawyer or have experience in every type of cases you know...Anyway I think that is too late now, you are already here and your husband is a USC so he can apply for you and your overstay will be waived. I mean there are people who work illegaly, used fraudulent SSN and all that and get their adjustment without trouble, ha! so I don't think that you should worry then.

Just get all your documents that can proof that your marriage is bona fide and not to avoid immigration laws, since you get that denial.

In any case, if you still want to consult somebody there are non-profits organizations in every state that can help you.

Good luck,
 
Similar Case

Hi, I'm new in this portal, but I've been reading about Margaret95's case and my case is similar to hers. But I'd like somebody to help me with mine.
I came to the US on a B-2 Visa on 10/28/2000. I applied for an extension of my visa on 04/2001 and my stay was granted until 10/17/2001 (I got the answer from INS on 10/12/01). I married a US resident on 10/09/2001 (in bona fide). We've been married for 4 years and we have a 3 year old daughter. She is going to apply for her citizenship on January 2006. Since I'm out of status right now and I'm working (we filed taxes together for the past 4 years, I use my Tax ID number) What's going to happen if she applies for me the next year? Do I have to leave the country?, Do I have to stop working?
Can you tell me please the most possible scenario?

Thanks, I'll be waiting for your help.
STEVE
 
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