My husband don't know and I need help!!

S

sadias

New Member
I am a wife of a US Citizen. I am came to US in year 1999 on a B1 visa. After a period of one month I got married. My B1 visa status expired in Jan. 2K but my husband filed for my I-130 in April of 2001. In between my arrival date and the expiration date of my visa, he never applied for the extension of my visitor's visa and he also didn't apply for I-485 with I-130 for some odd reason that he doesn't remember any more. Fortunately, I got the approval of I-130 few weeks back and now I want to file my I-485 package.

I am stuck at their question about 'current INS status' and the expiry date for the current status. What should I do in this case? Disclose the B1 and it's expiry date or just declare the Beneficiary of approved I-130.

Please help me on this question and let me know if there is any other thing that I might have to do to address the lapse of B1 status. I have a three year old son and I can give his birth certificate as proof of my condition at the time when my visa expired and both me and my husband were preoccupied with the first addition in our family.

Please write and help me on this issue, let me know of things that I can do now to better prepare my case with all the other oops. Many thanks to all !!
 
Welcome to the Message Board!

Hello, Sadias!

The fact that you came to USA on a visitor visa and got married after a month usually rises brows in INS people. But – it was five years ago, you are still married to the same person and you have a child together and, I can only assume – lot’s of evidence of your join finances and place of residence by now, so do not worry - you’ll be fine.
Just file your AOS package, with the copy of your approved I-130 in your local INS office.
About your overstay: You can either leave it blank and be prepare to answer questions about it during your interview, or you can write “beneficiary of approved I-130” if you wish, and be prepared to answer questions about it on your adjustment interview.
Some people already discussed this question on this message board, you can do a little search to look up for similar topics.
Bottom line – if you came here legally and were inspected by POE officer, then you’ll be fine. The little thing like overstating your tourist visa after you already got married will be forgiven to you by INS.

P.S. Sadias, I am almost ready to file for my AOS and I overstated my tourist visa too. :rolleyes:
So – see? There are other people in the same situation. And you came to the right place to discuss your concerns.
Please keep us posted of your case progress and do not hesitate to ask more questions.
Good luck to you and your family!
 
my wife was in the same boat

she fell out of status when she let her student visa expire

I talked to an ins officer about this and he literally told me to put under status

"married to US citizen" and just leave the expiration date blank.
 
My wife was in the same situation like many of you. We just filed the AOS packaged witht he I-130 approval letter. I have checked with number of people who successfully got their AOS approved.

Here is what they suggest:
1) Leave it blank
2) Put "Out of Status"

I think no matter what, the INS will find out you are out of status from the expiration date of your visa. As long as you are married to US citizen, you are fine.

Good luck.
Kenmw
 
If my memory serves me correctly, i put 'visitor' on the form. I came here on a B2 visa in 2000. Got married in May 2004, and now a conditional residence. USCIS never questioned my intent, after all, i was married to a USC.
 
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