overstay questions

[cano&clau 0]

Hi,

We are about to file concurrently both I-130 and I-485. We are married now but this is after almost six years of living together and having two kids. We just got married in April of this year and that's why we are planning to file. I am the USC and she is the foreigner. The question is that during that time of living together we would go and visit her family abroad many times. She even had to get permits so we could vacation within the US. We have not traveled abroad since May 2014, getting ready to file and having past the 90 day so that that rule does not kick in. The question is, has the 10 year ban kicked in by that last time she left or are there multiple 10 year bans for the multiple times she left. Could someone please respond since we will file on Sept 1st.

Thank You in Advance

[Harpa Timsah 13,258]

Sounds like multiple 10 year bans to me, how was she able to reenter? What is this "permit" to travel domestically?

[cano&clau 0]

Well, apparently they did not know she was overstaying, correct? And if that is the case I just answered my own question. Sounds like only the last time will count so therefore only one 10 year ban? The permit is for travel within the US, you need it to travel 60 miles past border.

[kehills 217]

She had/has a Border Crossing Card?

[cano&clau 0]

yes

[NikLR 13,220]

~~moved to AOS from Work, Tourist, and Student visas from IR1/CR1 process and procedures~~

[Harpa Timsah 13,258]

They will figure it out when they realize that you have 2 kids and have been living in the US for years, coming and going.

[uncrustables 7]

Does it really matter though? She is in the US and is applying for AOS. I thought over stays were forgiven for spouses of US citizens.

[Harpa Timsah 13,258]

Does it really matter though? She is in the US and is applying for AOS. I thought over stays were forgiven for spouses of US citizens.

It does matter. Leaving the US after an overstay triggers a ban. She reentered the US with a ban in place. That is not "forgiven."

Overstay is "forgiven" for spouses of USCs who adjust-in country and have not left triggering a ban. Usually you can't have returned with a ban, but in this case they did. It seems like a border patrol mistake, but that will not erase the ban.

So she would have been in a much better position now if she had just stayed and never left. Then it would be a non issue. Not sure why with 6 years and 2 kids they wouldn't have filed for her adjustment sooner.

[cano&clau 0]

Harpa, As for not getting married with two kids, just look at Angelina and Brat, it took them 10 years ! Everyone has their own reasons. What matters now is how to explain our situation to USCIS. Should we get a lawyer? I was hoping to get answers here.

[akihon 129]

Harpa, As for not getting married with two kids, just look at Angelina and Brat, it took them 10 years ! Everyone has their own reasons. What matters now is how to explain our situation to USCIS. Should we get a lawyer? I was hoping to get answers here.

I'm sorry, but you cannot use two US citizens' marriage after 10 years as an example to justify your completely different situation, especially since your foreign wife has violated a ban.

I would recommend a lawyer.

Edited August 28, 2014 by akihon

[cano&clau 0]

It was just to show that people sometimes do take a long time before getting married, any two people it does not matter if USC or foreigners.

[Harpa Timsah 13,258]

I know it can take a while to get married, but with one person who is living illegally in the US, then I would think it would be a higher priority, to protect your partner from detention and deportation. But no matter.

I would consult with a good lawyer. Good luck.

Edited August 28, 2014 by Harpa Timsah

[Boiler 43,426]

Does she illegal presence? I can tell, insufficient data.

[christeen 966]

This sounds like a very stick situation an a waiver/waivers are most definetly needed... I would definetly get a lawyer... And my opinion for anyone else reading this... That allowing your significant other and mother/father of your children to risk being detained, deported and not allowed back to visit is irresponsible at the very least... Protect your family and children from undue stress and hassle by making sure you don't leave them vulnerable... I do wish you Good luck and with proper representation, I hope you can straighten this out...