Please Help need to do an AOS filing for an Alien.

[visacheck 3]

2 Options :

1. Wait for her husband to become a citizen then file for AOS which would mean being "out of status" unless she gets an extension of visitor visa.

2. Do spousal visa which means she would have to go back to her home country.

in option 1 you advise someone to violate immigration law. please do not do this on VJ. such is against the terms of service you agreed to when registering on this site.

no real risk you say? people do it all the time, you say?

if the girl is deported for overstay she will not be able to apply for a visitors visa or K1 or K3 or CRI without a ban period transpiring.

Ok let me get this straight... there are a lot of VJ'ers who overstayed/violated immigration law and gets an advise form members and MODS here on VJ everyday. I dont see you lecturing them everyday?! Isn't that against the terms of sevice as well? If its not, then that means its ok to give advise to people who already violated immigration law... its ok to tell them to keep violating immigration law but its not ok to tell people who are still "in status" to violate immigration law. If you wanna implement the rules, implement it to everybody.

Here is a scenario:

A person says she overstayed and he/she met a USC and wants to marry him/her and asks how they go about thet AOS process. VJ'ers now advise them to get married, file for I-130 and I-485, dont leave the country even with I-131 and also tells them not to worry because overstays are forgiven.

Now is thats against the terms of service or not?!

Also, how do you know for sure that the OP's sister in law would be out of status if she waits for her husbands citizenship? Didnt i also tell them on option 1 that she could file for extension?!

Latstly, did you see me say no real risk? NO. Did you see me say people do it all the time? NO, but yes people do it all the time and there is NOTHING you can do about it!

[Minya's wife 24]

2 Options :

1. Wait for her husband to become a citizen then file for AOS which would mean being "out of status" unless she gets an extension of visitor visa.

2. Do spousal visa which means she would have to go back to her home country.

in option 1 you advise someone to violate immigration law. please do not do this on VJ. such is against the terms of service you agreed to when registering on this site.

no real risk you say? people do it all the time, you say?

if the girl is deported for overstay she will not be able to apply for a visitors visa or K1 or K3 or CRI without a ban period transpiring.

Ok let me get this straight... there are a lot of VJ'ers who overstayed/violated immigration law and gets an advise form members and MODS here on VJ everyday. I dont see you lecturing them everyday?! Isn't that against the terms of sevice as well? If its not, then that means its ok to give advise to people who already violated immigration law... its ok to tell them to keep violating immigration law but its not ok to tell people who are still "in status" to violate immigration law. If you wanna implement the rules, implement it to everybody.

Here is a scenario:

A person says she overstayed and he/she met a USC and wants to marry him/her and asks how they go about thet AOS process. VJ'ers now advise them to get married, file for I-130 and I-485, dont leave the country even with I-131 and also tells them not to worry because overstays are forgiven.

Now is thats against the terms of service or not?!

Also, how do you know for sure that the OP's sister in law would be out of status if she waits for her husbands citizenship? Didnt i also tell them on option 1 that she could file for extension?!

Latstly, did you see me say no real risk? NO. Did you see me say people do it all the time? NO, but yes people do it all the time and there is NOTHING you can do about it!

Your TOS violation comes in when you suggest this woman wait out(without a visa extension) the period for her man to become US citizen and only then file AOS. Once her tourist visa has expired, she is out of status...and subject to deportation. The better advise would be to file I-130 and subsequent I-485 based on the marriage to a perm. resident (which is allowed) and update the file if US citizenship is conveyed to the spouse before AOS is adjudicated.

Igor, I must ask has your sister-in-law specifically asked you for help? If she hasn't she may not necessarily accept your help if the information you're telling her shows that her man is lying and/or is not following procedure.

Whatever the case may be...given the time-line you stated this man came to the US as a 1 year old, and his parents naturalized before he turned 18. Upon his parents naturalization he would have automatically become naturalized himself (even before the recent law you quoted). I've known many who gained citizenship because they were under 18 and their parents had been approved for citizenship.

Edited October 16, 2009 by Minya's wife

[visacheck 3]

2 Options :

1. Wait for her husband to become a citizen then file for AOS which would mean being "out of status" unless she gets an extension of visitor visa.

2. Do spousal visa which means she would have to go back to her home country.

in option 1 you advise someone to violate immigration law. please do not do this on VJ. such is against the terms of service you agreed to when registering on this site.

no real risk you say? people do it all the time, you say?

if the girl is deported for overstay she will not be able to apply for a visitors visa or K1 or K3 or CRI without a ban period transpiring.

Ok let me get this straight... there are a lot of VJ'ers who overstayed/violated immigration law and gets an advise form members and MODS here on VJ everyday. I dont see you lecturing them everyday?! Isn't that against the terms of sevice as well? If its not, then that means its ok to give advise to people who already violated immigration law... its ok to tell them to keep violating immigration law but its not ok to tell people who are still "in status" to violate immigration law. If you wanna implement the rules, implement it to everybody.

Here is a scenario:

A person says she overstayed and he/she met a USC and wants to marry him/her and asks how they go about thet AOS process. VJ'ers now advise them to get married, file for I-130 and I-485, dont leave the country even with I-131 and also tells them not to worry because overstays are forgiven.

Now is thats against the terms of service or not?!

Also, how do you know for sure that the OP's sister in law would be out of status if she waits for her husbands citizenship? Didnt i also tell them on option 1 that she could file for extension?!

Latstly, did you see me say no real risk? NO. Did you see me say people do it all the time? NO, but yes people do it all the time and there is NOTHING you can do about it!

Your TOS violation comes in when you suggest this woman wait out(without a visa extension) the period for her man to become US citizen and only then file AOS. Once her tourist visa has expired, she is out of status...and subject to deportation. The better advise would be to file I-130 and subsequent I-485 based on the marriage to a perm. resident (which is allowed) and update the file if US citizenship is conveyed to the spouse before AOS is adjudicated.

Igor, I must ask has your sister-in-law specifically asked you for help? If she hasn't she may not necessarily accept your help if the information you're telling her shows that her man is lying and/or is not following procedure.

Whatever the case may be...given the time-line you stated this man came to the US as a 1 year old, and his parents naturalized before he turned 18. Upon his parents naturalization he would have automatically become naturalized himself (even before the recent law you quoted). I've known many who gained citizenship because they were under 18 and their parents had been approved for citizenship.

I appreciate the clarification but i am already aware of the "violation" i am being accused of.

[km24 0]

Igor&Veronika...

My advice is let him first file for his Citizenship. It will only take like less than 8 months. Then after that He can now file for I-130 and I-485 concurrently. That's the best advice I got from a lawyer.

Thank you all for all of your replies....

My only concern at this point is as following:

Given that he is a Permanent Resident, he can file for her I130 form, but question is, is she allowed also to file for I485 and stay in the country while the process is in place.....

Also once the I485 is filed is she allowed to change her status to V-1 and continue stay in the country?

Can anyone help me with these 2 questions?

It is not possible to adjust status from a B2 to immigrant within the US when the petitioner is not a USC. But even if he were a USC (which he claims he's not), there's still the issue with suspected immigration fraud. If your sister married the Gentleman within the first 30 days of her visitor's visa, all lights are on RED now. If she waited until at least day 31 (which you didn't reveal), it's easier.

But again, if he's not a USC, there's no way to pull that off. What I would do if first is look at his Green Card, in person.

Who may file for I-130 (Petition for Alien Relative)

If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

Your husband or wife;

Your unmarried child under age 21;

Your unmarried son or daughter age 21 or older;

Your married son or daughter of any age;

Your brother(s) or sister(s) (you must be age 21 or older);

Your mother or father (you must be age 21 or older)

If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

Whether one is a US Citizen/Permanent Resident, he/she can still file for a petition for her relative. But the timeline differs.

[visacheck 3]

Igor&Veronika...

My advice is let him first file for his Citizenship. It will only take like less than 8 months. Then after that He can now file for I-130 and I-485 concurrently. That's the best advice I got from a lawyer.

Thank you all for all of your replies....

My only concern at this point is as following:

Given that he is a Permanent Resident, he can file for her I130 form, but question is, is she allowed also to file for I485 and stay in the country while the process is in place.....

Also once the I485 is filed is she allowed to change her status to V-1 and continue stay in the country?

Can anyone help me with these 2 questions?

It is not possible to adjust status from a B2 to immigrant within the US when the petitioner is not a USC. But even if he were a USC (which he claims he's not), there's still the issue with suspected immigration fraud. If your sister married the Gentleman within the first 30 days of her visitor's visa, all lights are on RED now. If she waited until at least day 31 (which you didn't reveal), it's easier.

But again, if he's not a USC, there's no way to pull that off. What I would do if first is look at his Green Card, in person.

Who may file for I-130 (Petition for Alien Relative)

If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

Your husband or wife;

Your unmarried child under age 21;

Your unmarried son or daughter age 21 or older;

Your married son or daughter of any age;

Your brother(s) or sister(s) (you must be age 21 or older);

Your mother or father (you must be age 21 or older)

If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

Whether one is a US Citizen/Permanent Resident, he/she can still file for a petition for her relative. But the timeline differs.

Giving this advice on VJ is against the terms of service.