CR1 filing

[Johnnny 0]

My wife is still in the US right now planning to go back to her country next week, we change our plan instead of applying AOS through tourist visa..we are going to file through CR1....heres the thing she over stayed her I-94 it was expired Dec. 28, 2008 but because at that time we were thinking its ok for her to stay and file the AOS... so do you think guys she will not ban to come back for over staying of her I-94 tourist visa and can still process the CR1...she have 2 kids 12 and 10 back to her country is the kids can go along with her with the CR1 filing? Please if anybody can help me some advice. Thanks.

Edited June 5, 2009 by Johnnny

[Johnnny 0]

My wife is still in the US right now planning to go back to her country next week, we change our plan instead of applying AOS through tourist visa..we are going to file through CR1....heres the thing she over stayed her I-94 it was expired Dec. 28, 2008 but because at that time we were thinking its ok for her to stay and file the AOS... so do you think guys she will not ban to come back for over staying of her I-94 tourist visa and can still process the CR1...she have 2 kids 12 and 10 back to her country is the kids can go along with her with the CR1 filing? Please if anybody can help me some advice. Thanks.

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And more question how much is the cost for filing for i seen through the form its $70..is anybody knows about this? thanks

[YuAndDan 153]

You are cutting it close! An overstay of 180 days results in a 3 year bar. Needs to be out of the USA by June 26 to avoid overstay penalty.

OR stay and adjust status.

NOTE: overstays add up, so if she had an overstay before, this may put her over.

Yes you can dile for the children CR-2 however this is NOT a derivative, you need to file THREE I-130's one for mother and one each for your step children.

[Johnnny 0]

You are cutting it close! An overstay of 180 days results in a 3 year bar. Needs to be out of the USA by June 26 to avoid overstay penalty.

OR stay and adjust status.

NOTE: overstays add up, so if she had an overstay before, this may put her over.

Yes you can dile for the children CR-2 however this is NOT a derivative, you need to file THREE I-130's one for mother and one each for your step children.

Is her over stay can affect the processing? Is she still have penalty for that?

[Johnnny 0]

You are cutting it close! An overstay of 180 days results in a 3 year bar. Needs to be out of the USA by June 26 to avoid overstay penalty.

OR stay and adjust status.

NOTE: overstays add up, so if she had an overstay before, this may put her over.

Yes you can dile for the children CR-2 however this is NOT a derivative, you need to file THREE I-130's one for mother and one each for your step children.

Is her over stay can affect the processing? Is she still have penalty for that?

how much it cost for everything in CR1 visa?

[GheTToJaTTi 0]

You are cutting it close! An overstay of 180 days results in a 3 year bar. Needs to be out of the USA by June 26 to avoid overstay penalty.

OR stay and adjust status.

NOTE: overstays add up, so if she had an overstay before, this may put her over.

Yes you can dile for the children CR-2 however this is NOT a derivative, you need to file THREE I-130's one for mother and one each for your step children.

Is her over stay can affect the processing? Is she still have penalty for that?

how much it cost for everything in CR1 visa?

$355 for I-130

70$ AOS bill

400$ IV bill

[L179 1]

If she has overstayed she is definately better of staying further and adjusting the status for sure in my opinion

[YuAndDan 153]

You are cutting it close! An overstay of 180 days results in a 3 year bar. Needs to be out of the USA by June 26 to avoid overstay penalty.

OR stay and adjust status.

NOTE: overstays add up, so if she had an overstay before, this may put her over.

Yes you can dile for the children CR-2 however this is NOT a derivative, you need to file THREE I-130's one for mother and one each for your step children.

Is her over stay can affect the processing? Is she still have penalty for that?

Overstay does not affect processing and the only penalty is if the total overstay exceeds 180 days, then there will be a bar in place that needs a waiver filed and then there is a fee for the waiver.