Go back or overstay

I

iuiukk

New Member
I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband’s citizenship application has been pending for the past 10 months, it is in internal security check . Since we don’t know how much time it will take for my husband’s citizenship to get approved I am in confusion if I should go back to India and apply for my GC from there and wait there until my GC gets approved or just overstay in US and apply for GC after my husband’s citizenship is approved. Not sure what kind of problems do I face if I try to come back to US with my multiple visa after 6 months as my marriage was registered in US.

How many years it will take if I apply for GC from India?


Please advice. Thanks in advance.
 
Good answer,help keep his record and your record clean,you do not need to over stay,you can travel back in less than a year time if you want to,you have a 10 years multiple,so i guess you do not have problem,the only advice for you,do not try to come back under 6months or you might be denial entry for frequent traveling.
 
The first option is what you should pick.

iuiukk said:
I am in confusion if I should go back to India and apply for my GC from there and wait there until my GC gets approved or just overstay in US and apply for GC after my husband’s citizenship is approved.
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Save yourself some headache and return and wait outside the US for the green card. Have him file the I-130 right now, specifying a consulate in India, and you might get the green card even before he gets citizenship.

Did he have a citizenship interview? If yes, he could file 1447(b) to expedite his case.
 
iuiukk said:
I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband’s citizenship application has been pending for the past 10 months, it is in internal security check . Since we don’t know how much time it will take for my husband’s citizenship to get approved I am in confusion if I should go back to India and apply for my GC from there and wait there until my GC gets approved or just overstay in US and apply for GC after my husband’s citizenship is approved. Not sure what kind of problems do I face if I try to come back to US with my multiple visa after 6 months as my marriage was registered in US.

How many years it will take if I apply for GC from India?


Please advice. Thanks in advance.
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If I were you I'd be staying here & wait for spouse's citizenship done. Once your husband's citizenship is done he can apply for you & during that time overstay won't be no problem due to the fact your husband is an US citizen.
My wife overstayed 8 long years & I became citizen begining this year. Right after my citizenship I applied for her & all it took us only 4 months for her to receive the GC. In our interview her overstay for 8 yrs issue was not even brought up by the IO. Therefore from my first hand experience I can tell it's simple.
Atique.
 
Atique.Rahman said:
If I were you I'd be staying here & wait for spouse's citizenship done. Once your husband's citizenship is done he can apply for you & during that time overstay won't be no problem due to the fact your husband is an US citizen.
My wife overstayed 8 long years & I became citizen begining this year. Right after my citizenship I applied for her & all it took us only 4 months for her to receive the GC. In our interview her overstay for 8 yrs issue was not even brought up by the IO. Therefore from my first hand experience I can tell it's simple.
Atique.
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I think you were lucky... some people have problems for a few months of overstay... I wouldn't overstay anyway; It would be gambling; if you overstay 1 day... you have to hope that his citizenship arrives within 180 days... otherwise you are elegible for a BAN (I'm not saying it will happen... just saying that it CAN happen)...

how long have the 2 of you been married?
 
1447

Thanks for all your replies.

He had his interview in June. The officer told he did not have the file with him. He gave a form saying interview passed, decision cannot be made. We sent a request through the senator , got the answer back from UCIS saying under "security check".

What is 1447(b)? Is it same as request for hearing? Our lawyer told to apply for it? Are there going to be any negative implications on our case if we apply for it?

Thanks.
 
vksneeru said:
Thanks for all your replies.

He had his interview in June. The officer told he did not have the file with him. He gave a form saying interview passed, decision cannot be made. We sent a request through the senator , got the answer back from UCIS saying under "security check".

What is 1447(b)? Is it same as request for hearing? Our lawyer told to apply for it? Are there going to be any negative implications on our case if we apply for it?

Thanks.
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The dreaded security check could last for years. So, you should prepare to return back to India, have him file I-130 already and chose consular processing.

The 1447 (b) won't negatively affect the adjudication of his case, it is an action asking USCIS to make a decision on his case. It is usually filed after 120 days of not receiving a decision on your case, especially after interviewing. I wonder how many mileages one can get from suing them on his case, because the FBI is the one responsible for the security check. I am not familiar with any case law on naturalization cases involving delayed security checks. I would ask Bob, TRC or Jack to comment or post any recent cases associated with such a case.
 
Atique.Rahman said:
If I were you I'd be staying here & wait for spouse's citizenship done. Once your husband's citizenship is done he can apply for you & during that time overstay won't be no problem due to the fact your husband is an US citizen.
My wife overstayed 8 long years & I became citizen begining this year. Right after my citizenship I applied for her & all it took us only 4 months for her to receive the GC. In our interview her overstay for 8 yrs issue was not even brought up by the IO. Therefore from my first hand experience I can tell it's simple.
Atique.
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If iuiukk is caught by ICE before her husband becomes a citizen and the I-485 is filed, she would be deported and banned from the US for years. So by overstaying, she would be taking that gamble.

However, now that she has mentioned that the citizenship interview was in June, that means sometime in October it will be 120 days after the interview, which would give him the right to file 1447(b). So he if he takes action it is likely he will be a citizen before the end of this year, so there would only be about a couple months of overstay.

On the other hand, given that the OP was granted a B2 extension, and most B2 extension requests are rejected, they might have flagged her for extra scrutiny to check if she leaves the US on time ... which could lead to them sending ICE agents to her door very shortly after her B2 extension expires.
 
vksneeru said:
What is 1447(b)? Is it same as request for hearing? Our lawyer told to apply for it?
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It is a lawsuit asking the court to either make the naturalization decision or to force USCIS to make the decision promptly. A naturalization applicant gains the right to file it when 120 days have passed since the interview.

Are there going to be any negative implications on our case if we apply for it?
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Filing it might make USCIS angry, but the 1447(b) filing puts the case under the supervision of the court, so it makes USCIS lose the authority to deny the case without the court's agreement. So if they want to deny the case while under 1447(b), they have convince the court of a valid reason for denial.
 
CaViCcHi said:
I think you were lucky... some people have problems for a few months of overstay... I wouldn't overstay anyway; It would be gambling; if you overstay 1 day... you have to hope that his citizenship arrives within 180 days... otherwise you are elegible for a BAN (I'm not saying it will happen... just saying that it CAN happen)...
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Completely incorrect. USCIS is forbidden from denying an I-485 for an Immediate Relative because of an overstay.
 
Worst case scenario = does not pass security check

It is always a possibility. The options with an overstay are then limited.

Talk to the lawyer for additional advice. There is obviously more to this that cannot/should not be discussed on a forum.
 
TheRealCanadian said:
Completely incorrect. USCIS is forbidden from denying an I-485 for an Immediate Relative because of an overstay.
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That isn't always true.

Based on a court ruling from earlier this year, they can deny an Immediate Relative for overstaying if they entered with the visa waiver program.

And as you already knew, they can deny the I-485 if the overstayer was put in removal proceedings before the I-485 was filed, or the overstayer left the US since the overstay and didn't wait out the required 3 years or 10 years.
 
What are the consequences if I over stay my B1 visa for about 150 days, during which I apply for my I-130 (LPR applying for immediate relative) and then go back to my home country and go for the counselor processing. Would it impact my counselor interview? The hope is my husband’s citizenship would be approved before that and I might never have to leave the US.

Thank you.
 
iuiukk said:
What are the consequences if I over stay my B1 visa for about 150 days, during which I apply for my I-130 (LPR applying for immediate relative) and then go back to my home country and go for the counselor processing. Would it impact my counselor interview? The hope is my husband’s citizenship would be approved before that and I might never have to leave the US.
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It's consular, not counselor. Also note that in immigration terminology, "immediate relative" is not used for the relatives of non-USC individuals.

If your overstay is under 180 days and you leave on your own, the 3-year ban would not be triggered, and you would be able to successfully complete the GC process at the consulate (assuming nothing else is impeding your case) as the spouse of an LPR.

However, if you are caught by ICE while overstaying and you get deported, deportation normally comes with a ban of at least 5 years. So you would be taking that risk during the 150 days of overstay.
 
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