Spouse visitor visa expiring. My options?

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falcon7a

Registered Users (C)
I have an interesting problem.

I am scheduled for a citizenship interview in September. My spouse is here in the US with me on a visitor's visa. Her visa expires in August. We will apply for an extension of her visa. If that is successful, I will file for her GC as soon as I take my oath.

However, if her visa extension is denied, I'm stuck as she'll have to go back to her home country and it'll take a long time for me to apply for her GC thru that country's embassy.

Question 1) Can she over stay on her visa if I know that I'll be applying for her GC in a month or 2 after her visa expires?

Question 2) I would like her to travel outside of the US with me soon. If I apply for PR after her visa expires, can she travel on the I-131? Or do I have to wait for her GC to physically arrive?

Question 3) How long after I file the I-485 does the physical GC arrive? I live in Chicago.

Thanks.
 
falcon7a said:
I have an interesting problem.

I am scheduled for a citizenship interview in September. My spouse is here in the US with me on a visitor's visa. Her visa expires in August. We will apply for an extension of her visa. If that is successful, I will file for her GC as soon as I take my oath.

However, if her visa extension is denied, I'm stuck as she'll have to go back to her home country and it'll take a long time for me to apply for her GC thru that country's embassy.
falcon7a said:
Question 1) Can she over stay on her visa if I know that I'll be applying for her GC in a month or 2 after her visa expires?
.
Click to expand...
She can overstayed her visa. Overstaying is forgiven for a spouse of a USC.
falcon7a said:
Question 2) I would like her to travel outside of the US with me soon. If I apply for PR after her visa expires, can she travel on the I-131? Or do I have to wait for her GC to physically arrive?
.
Click to expand...
If she overstays her visa, she won't be able to travel on I 131. That will trigger ban for 3-10 years from re-entering in US. You have to wait till she get physical GC.
falcon7a said:
Question 3) How long after I file the I-485 does the physical GC arrive? I live in Chicago.
Click to expand...
Check timeline for your local DO on USCIS.gov
Thanks.
Click to expand...
 
When you apply for her GC, you can apply for Advanced Parole that is the document authorizing her to travel while her application is pending.

Check out other thread about AP.
When you talk about her visa is about the I-94 right?

good luck,
 
cherr1980 said:
When you apply for her GC, you can apply for Advanced Parole that is the document authorizing her to travel while her application is pending.

Check out other thread about AP.
When you talk about her visa is about the I-94 right?

good luck,
Click to expand...
If she overstayed her visa, she can not apply for AP.
 
It is my understanding that in this case, she won't overstay so long since he will has his interview on September. Plus the 3 year bar is if you overstay for 180 days and 10 year if it was a year or longer.
 
Yes, she has an I-94 visa. Her visa expires first week of august. My interview is second week of September. I assume that I will have my oath ceremony on second week of October. So my wife would be out of status for 2 and a half months. Do I just follow the normal procedure after my oath ceremony by filing the I-130 & I-485 etc?
 
Doesn't that also trigger a $1,000 fine for overstaying her visa? And can't he apply now for her GC and then have it upgraded once he becomes a citizen?
 
He will be a US citizen there is no fine to pay. That is just valid for certain people under the 245(i) section and it was until april 2001 if you filed and are the categories explained in this link http://uscis.gov/graphics/howdoi/hdi245i.htm
that was given for people ilegally here without inspection, overstayed, etc.

Since the beginning if you are the spouse/parent/unmarried child, etc of a US citizen doesn't matter if you overstay. The point is how long she will be in the overstay status until he got his citizenship. As a GC holder you can't do it because as a GC holder your spouse has to be "in status" when you are applying and when the visa number is available for her, that is why I think he will wait to obtain his citizenship and then apply for her right?

Just be sure the time that you really going to wait for your Naturalization Certificate she won't be over the 180 days at the time of the application for to apply for her AP.

That is my understanding, I am not a lawyer, I just read a lot all about Immigration law and USCIS website and call the Customer Service when I have a doubt.

good luck,
 
I think it makes sense to speak with a lawyer about this. I have an appointment next week and will let you guys know what the lawyer says.
Thanks.
 
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