What to do? Stay or go to Peru?

[TPeru 0]

Hi,

I got my residence from my mother who is an american citizen. I came on October 20th of 2014, with my girlfriend, she came as a tourist. Our plan was to spend a month here and then she would return to Peru, she had a good job there and also her family. While we were here i ask her to marry me, in fact it was our only chance to get married because in our country is not allow the gay marriage, not civil union or anything related. So we wait until April 04thof 2015 and we got married

I presented the i 130 form and received the approval a week ago, but it says that she is not elegible AOS, I call USCIS and also read online why she is not elegible yet, and they told me because her priority date (april 20, 2015) is not current, and that when her priority date become current we can present her AOS form. But they also told me that she has to be on a authorized stay when we present the AOS. And there is the problem, her visa is for 10 years but when she arrived here she only got a 6 months stay.

They told me that we would have to do the consular visa processing, but she will receive a 3 to 10 years out of the country. Unless we got a a waiver which is hard to get.

So, i want to know what will happen if we do not to present any other form, and wait until I become a citizen (4 more years) and then present a new case. Or is there any other way we can stay together?

I do not want to let her go, we were traying to have a baby ( we lost the first one just before we came on september of last year), but I feel bad because she left our contry, lose her job and her family for me, and i cant do anything to get her legal so at least she can visit her family.

If we do not have any choice, I guess we will go back to Peru, and I will lose my residence. I really dont know what to do

[aaron2020 11,651]

Hi,

I got my residence from my mother who is an american citizen. I came on October 20th of 2014, with my girlfriend, she came as a tourist. Our plan was to spend a month here and then she would return to Peru, she had a good job there and also her family. While we were here i ask her to marry me, in fact it was our only chance to get married because in our country is not allow the gay marriage, not civil union or anything related. So we wait until April 04thof 2015 and we got married

I presented the i 130 form and received the approval a week ago, but it says that she is not elegible AOS, I call USCIS and also read online why she is not elegible yet, and they told me because her priority date (april 20, 2015) is not current, and that when her priority date become current we can present her AOS form. But they also told me that she has to be on a authorized stay when we present the AOS. All true. And there is the problem, her visa is for 10 years but when she arrived here she only got a 6 months stay. The visa is valid for 10 years. It doesn't mean a person gets to stay for 10 years. The max is 6 months per visit. The 10 years means she can use the visa multiple times over those 10 years.

They told me that we would have to do the consular visa processing, but she will receive a 3 to 10 years out of the country. Unless we got a a waiver which is hard to get.

So, i want to know what will happen if we do not to present any other form, and wait until I become a citizen (4 more years) and then present a new case. Or is there any other way we can stay together? There is no way for your wife to stay. If you want her to stay here illegally, then that's your choice. Be prepared if she is detained by ICE, put into holding for months, and then deported with a ban. Not a smart way to do this when there is a legal way for your wife to immigrate to the US.

I do not want to let her go, we were traying to have a baby ( we lost the first one just before we came on september of last year), but I feel bad because she left our contry, lose her job and her family for me, and i cant do anything to get her legal so at least she can visit her family.

If we do not have any choice, I guess we will go back to Peru, and I will lose my residence. I really dont know what to do

YOU HAVE A LEGAL WAY EVENTUALLY FOR YOUR WIFE TO GET A GREEN CARD. Why would you throw this away by doing something illegal?

This is what you will want to do if you don't want to be separated.

1. File the I-130 for your wife.

2. File for a Re-Entry Permit for yourself.

3. Go to Peru to be with your wife while her case progresses.

4. Get a Joint Sponsor for your wife.

5. She immigrates to the US, and you return on your green card.

[TPeru 0]

Hi Aaron, we already got the I-130 approval last saturday. But I guess when she will need a waiver, she has been here for a year, and she only had a 6 months stay in her passport.

For what is the jont sponsor?

[Hypnos 6,576]

OP already has an approved I-130, so does not need to file another.

From their timeline it sounds as though the OP's wife already has at least 180 days of overstay, and thus already has a three year bar. An I-601A provisional waiver cannot be used since that is only for immediate relatives of a US citizen, which the OP is not.

Choices:

(i) wait until you become a US citizen and then file for AoS for her, since her overstay will not prevent her from adjusting since she would be an immediate relative. She will remain out of status to that point, will be deportable, could be detained and deported by ICE, and will basically be a non-person in the eyes of the US. I've lived this, and it sucks.

or

(ii) she returns to her home country, and interviews for her immigrant visa in a year or so when her priority date will become current. If she has at least 180 days of overstay then she will be found inadmissible to the US due to her three year overstay bar. At this point you can either wait out the rest of the bar, or file an I-601 waiver seeking to overcome her inadmissibility. She would need to demonstrate why it would be a hardship to you, not to her, if she were not re-admitted to the US.

Edited October 26, 2015 by Hypnos

[TPeru 0]

OP already has an approved I-130, so does not need to file another.

From their timeline it sounds as though the OP's wife already has at least 180 days of overstay, and thus already has a three year bar. An I-601A provisional waiver cannot be used since that is only for immediate relatives of a US citizen, which the OP is not.

Choices:

(i) wait until you become a US citizen and then file for AoS for her, since her overstay will not prevent her from adjusting since she would be an immediate relative. She will remain out of status to that point, will be deportable, could be detained and deported by ICE, and will basically be a non-person in the eyes of the US. I've lived this, and it sucks.

or

(ii) she returns to her home country, and interviews for her immigrant visa in a year or so when her priority date will become current. If she has at least 180 days of overstay then she will be found inadmissible to the US due to her three year overstay bar. At this point you can either wait out the rest of the bar, or file an I-601 waiver seeking to overcome her inadmissibility. She would need to demonstrate why it would be a hardship to you, not to her, if she were not re-admitted to the US.

Thanks Hypnos!!!

Who determinate if the waiver is approval, here or in my consulate?

[Hypnos 6,576]

The consulate make the determination about any inadmissibilities. Since your wife would be required to declare any time spent in the US, it would be obvious that she has the bar. They would also likely have this information from CBP records entry and departure records in the US.

Your wife then files the I-601 waiver with USCIS, and they determine whether or not to approve it.

Edited October 27, 2015 by Hypnos