I have a question and hope to get as many feedback as possible. I am holding H1 visa now and I won diversity visa 2003 and most likely will have the green card application at oversea on Sept 2003. My wife holding F1 visa, she graduated in 1999 and her Pratical Tranining expired in March 2000. She never apply
H1 and she is staying in US now, with the I-94 stating D/S.
I talked to several officers at BCIS and also KCC. I have the
impression that even she is overstaying, as long as she doesn't get caught by immigration officer or being deported, she won't have any problem getting the green card when we apply it.
For us, this is more like gamble. We worry for so long that if we
apply the green card oversea, what if she got rejected and won't be able to come back with me? On the other hand, applying the diversity visa here with BCIS may also bring more problem as the officer will notice she doesn't maintain the status and thus may lead to deportation.
I appreaciate feedback and hope the way we are dealing with this issue is correct. Thank you.
H1 and she is staying in US now, with the I-94 stating D/S.
I talked to several officers at BCIS and also KCC. I have the
impression that even she is overstaying, as long as she doesn't get caught by immigration officer or being deported, she won't have any problem getting the green card when we apply it.
For us, this is more like gamble. We worry for so long that if we
apply the green card oversea, what if she got rejected and won't be able to come back with me? On the other hand, applying the diversity visa here with BCIS may also bring more problem as the officer will notice she doesn't maintain the status and thus may lead to deportation.
I appreaciate feedback and hope the way we are dealing with this issue is correct. Thank you.