I would like to get some advice on my wifes pending I-485. We got married back on October 2001 in England. I was LPR at the time, my wife come here on a visa wavier. Soon after her arrival to the States we got married in a cival cermony in November and filed for I-130 in December.
We had done all this with the advice of our lawyer. He filed the I-130 and at the time we also filed H1-B for my wife. To make the long story short my wifes H1-B was rejected as the officer didn't see a reason for the company to have someone with an MBA for a marketing position, we did appeal but that was also denied. In this time my wife had gone back to England and come back on visa waiver.
Our lawyer had told her not to go back and that as along as her appeal is pending that she is still in legal status, as i mentioned the appeal was later denied. Of course by this time my wife had over stayed her visa wavier and we were expecting our first baby. This was another reason she could not travel and we were told well after 3 years we can file for V-visa by a number of lawyers.
When we came to three years since we had filed for I-130 we again asked the lawyer to file for V-visa but were told oh we can not do that as that programe had ended in April 2001 and we had filed in December. We were told to wait for the I-130 to be approved then we can file I-485.
We didn't know what else to do at this time so we just waited and finely in April of 2005 my wifes I-130 wa approved. Of course then we were told we can not file as her priority date was not current.
Finely in October 2005 i filed for my citizenship based on wifes years of residance. Also, soon after my wifes priority date became current, so in Januray of this year we filed my wifes I-485 based on an approved I-130 and the priority date being current.
My wife has done her fingureprints and also has already recieved her employment authorization card. We still do not have a date for the I-485 interview yet. I have however become a US citizen this past Tuesday.
Now, my question is, when we filed my wifes I-485 i was still an LPR and my wife had overstayed her visa wavier. We did have an approved I-130 and also her visa priority date was current, as mentioned her employment authorization has already been approved.
Do you think the fact that she overstayed a visa wavier her application will have problems, even though am a citizen now, but i was not when we filed the I-485? If someone has any experince or input there adivice will be greatly appriciated. Thanks for reading this long story.
I have talked to so many different lawyers and i am getting conflicting advice from everyone. I am not sure what do to at this point. Shall we withdraw the original I-485 and refile? Shall we wait and see what happens, am juast affraid of waiting until the interview and only being told that we were not elegible to file as i was still an LPR. The reason being is the overstay, even though the I-130 was approved and also the priority date was current. Some of the lawyers are saying that i should be fine as long as am citizen at the time of the interview and some are saying no we were not elegible when we filed because of the overstay and visa wavier.
Thanks again and, goodluck to everyone
Regards
HRH
We had done all this with the advice of our lawyer. He filed the I-130 and at the time we also filed H1-B for my wife. To make the long story short my wifes H1-B was rejected as the officer didn't see a reason for the company to have someone with an MBA for a marketing position, we did appeal but that was also denied. In this time my wife had gone back to England and come back on visa waiver.
Our lawyer had told her not to go back and that as along as her appeal is pending that she is still in legal status, as i mentioned the appeal was later denied. Of course by this time my wife had over stayed her visa wavier and we were expecting our first baby. This was another reason she could not travel and we were told well after 3 years we can file for V-visa by a number of lawyers.
When we came to three years since we had filed for I-130 we again asked the lawyer to file for V-visa but were told oh we can not do that as that programe had ended in April 2001 and we had filed in December. We were told to wait for the I-130 to be approved then we can file I-485.
We didn't know what else to do at this time so we just waited and finely in April of 2005 my wifes I-130 wa approved. Of course then we were told we can not file as her priority date was not current.
Finely in October 2005 i filed for my citizenship based on wifes years of residance. Also, soon after my wifes priority date became current, so in Januray of this year we filed my wifes I-485 based on an approved I-130 and the priority date being current.
My wife has done her fingureprints and also has already recieved her employment authorization card. We still do not have a date for the I-485 interview yet. I have however become a US citizen this past Tuesday.
Now, my question is, when we filed my wifes I-485 i was still an LPR and my wife had overstayed her visa wavier. We did have an approved I-130 and also her visa priority date was current, as mentioned her employment authorization has already been approved.
Do you think the fact that she overstayed a visa wavier her application will have problems, even though am a citizen now, but i was not when we filed the I-485? If someone has any experince or input there adivice will be greatly appriciated. Thanks for reading this long story.
I have talked to so many different lawyers and i am getting conflicting advice from everyone. I am not sure what do to at this point. Shall we withdraw the original I-485 and refile? Shall we wait and see what happens, am juast affraid of waiting until the interview and only being told that we were not elegible to file as i was still an LPR. The reason being is the overstay, even though the I-130 was approved and also the priority date was current. Some of the lawyers are saying that i should be fine as long as am citizen at the time of the interview and some are saying no we were not elegible when we filed because of the overstay and visa wavier.
Thanks again and, goodluck to everyone
Regards
HRH