Jump to content
Pablo202

AOS from B2 for my wife, is it ok to overstay?

20 posts in this topic

Recommended Posts

Hi everyone!

My then girlfriend came to US from China on B2 visa, four months later I proposed to her, then we got married after one month. Now we are doing adjustment of status, but her tourist visa is about to expire, and we still haven't got all the paperwork ready to file AOS, will it be an issue if she overstays? We are worried that she will get deported.

Thanks so much,

Pablo

Share this post


Link to post
Share on other sites

Hi everyone!

My then girlfriend came to US from China on B2 visa, four months later I proposed to her, then we got married after one month. Now we are doing adjustment of status, but her tourist visa is about to expire, and we still haven't got all the paperwork ready to file AOS, will it be an issue if she overstays? We are worried that she will get deported.

Thanks so much,

Pablo

She will not be deported. Her overstay is forgiven with the AOS procedures. Filing the AOS will allow her to remain in the USA while the process runs.

Share this post


Link to post
Share on other sites

She will not be deported. Her overstay is forgiven with the AOS procedures. Filing the AOS will allow her to remain in the USA while the process runs.

We haven't filed it yet cuz we haven't got all the paperwork, before we file AOS will she be ok to stay even her visa is expired?

thanks.

Share this post


Link to post
Share on other sites

Hi everyone!

My then girlfriend came to US from China on B2 visa, four months later I proposed to her, then we got married after one month. Now we are doing adjustment of status, but her tourist visa is about to expire, and we still haven't got all the paperwork ready to file AOS, will it be an issue if she overstays? We are worried that she will get deported.

Thanks so much,

Pablo

Omg u asked that question .!!!!!!

Some vjers will come for your head in a bit. Be on guard. Looolll...

Bye.!

Share this post


Link to post
Share on other sites

We haven't filed it yet cuz we haven't got all the paperwork, before we file AOS will she be ok to stay even her visa is expired?

thanks.

It is in her best interest to aos as soon as possible. Your wife cannot drive or work without it. However, unless arrested for a crime, she will likely be fine.

Share this post


Link to post
Share on other sites

Depends on what you mean by "ok".

1. If you are a US citizen, she is in the Immediate Relative category, and she does not have to be in status in order to file for Adjustment of Status. So the overstay will not affect her AOS.

2. In the period of time between when her I-94 expires and when she files I-485 for AOS, she is deportable. However, the government does not have the time or resources to come after people who overstay for a short time. She should try not to get into trouble or run into one of those CBP checkpoints.

Share this post


Link to post
Share on other sites

This is one of those things where it's important to note if you are USC or not. Overstay for USC spouses adjusting their status is forgiven. For an LPR, not so much.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Since it looks like it has already been around 4-5 months after she entered the State as a B2 visitor, it is probably the best for her to exit and re-enter US using the B2 again (assuming the B2 you carry allows multiple entry before the expiration date, which I think is most the case).

According to at least two USCIS personnel I contacted, after i485 AOS is filed, B2 is suspended and exiting the country prior to AOS approval is considered forfeiting the application and no re-entry will be permitted (that is if you don't get an approved advance parole). But since it has been 4-5 months after she entered the State, you also don't want whoever that is reviewing her case raise their eyebrows about she stayed longer than her visa allowed for at the time USCIS has its hands on the case.

Share this post


Link to post
Share on other sites

Since it looks like it has already been around 4-5 months after she entered the State as a B2 visitor, it is probably the best for her to exit and re-enter US using the B2 again (assuming the B2 you carry allows multiple entry before the expiration date, which I think is most the case).

That would be really silly.

But since it has been 4-5 months after she entered the State, you also don't want whoever that is reviewing her case raise their eyebrows about she stayed longer than her visa allowed for at the time USCIS has its hands on the case.

That is a irrelevant.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Since it looks like it has already been around 4-5 months after she entered the State as a B2 visitor, it is probably the best for her to exit and re-enter US using the B2 again (assuming the B2 you carry allows multiple entry before the expiration date, which I think is most the case).

According to at least two USCIS personnel I contacted, after i485 AOS is filed, B2 is suspended and exiting the country prior to AOS approval is considered forfeiting the application and no re-entry will be permitted (that is if you don't get an approved advance parole). But since it has been 4-5 months after she entered the State, you also don't want whoever that is reviewing her case raise their eyebrows about she stayed longer than her visa allowed for at the time USCIS has its hands on the case.

This is extremely bad advice. Why would she leave when she can stay and adjust? Why take the risk that she will not be allow to re-enter?

The only risk is that she encounters law enforcement during the period between her I-94 expiring and filing for AOS. Once AOS is file, she is authorized to be here. The overstay is forgiven for the spouse of a US citizen.

You are advising them to take the additional and unnecessary risk of leaving and trying to re-enter the US.

Share this post


Link to post
Share on other sites

This is extremely bad advice. Why would she leave when she can stay and adjust? Why take the risk that she will not be allow to re-enter?

The only risk is that she encounters law enforcement during the period between her I-94 expiring and filing for AOS. Once AOS is file, she is authorized to be here. The overstay is forgiven for the spouse of a US citizen.

You are advising them to take the additional and unnecessary risk of leaving and trying to re-enter the US.

Ah my apology for the ignorant advice! Thank you Aaron2020 and Boiler for the corrections :) Pablos, if you see my earlier response, please dont follow that!

Share this post


Link to post
Share on other sites

Ah my apology for the ignorant advice! Thank you Aaron2020 and Boiler for the corrections :) Pablos, if you see my earlier response, please dont follow that!

FYI - it's immigration fraud to use a visitor visa to enter the US with the intent to immigrate. What you advised is also illegal.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×