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jacmcj

Is my Husbands overstayed b2 visa going to be forgiven since were married?

By jacmcj in Adjustment of Status from Work, Student, & Tourist Visas

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jacmcj Newbie

jacmcj   0

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

Good Day Friends in the Immigration Community!

Heres the story!

Husband entered using b2 visa in 2003 (hasnt left since)

Overstayed 7 years

Decided to get married on July 16 2009 (I am a US citizen)

Had initial interview on October 14 where the IO said hes considering investigating i485 AOS for "accrued unlawful presence" and I may have to file I160!

Our i130 approved on Oct 14.

From what Ive read and discussed with others, if you marry a US citizen, then the overstayed Visa is generally "overlooked" "forgiven" "waived". In which case why is my IO giving us a heart attack?

Were supposed to receive a letter for a second interview for his AOS and RFE. Any advice on how to proceed? :huh:

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

You nailed it.

The overstay is not being made an "issue of" which is pretty much what you said. However, that doesn't mean that the I.O. is not allowed to give you a hard time about it. That said, unless your husband pulled any other stunts (worked with a US citizen's SSN, etc.), I don't really see that they can't deny your request to adjust status.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Good Day Friends in the Immigration Community!

Heres the story!

Husband entered using b2 visa in 2003 (hasnt left since)

Overstayed 7 years

Decided to get married on July 16 2009 (I am a US citizen)

Had initial interview on October 14 where the IO said hes considering investigating i485 AOS for "accrued unlawful presence" and I may have to file I160!

Our i130 approved on Oct 14.

From what Ive read and discussed with others, if you marry a US citizen, then the overstayed Visa is generally "overlooked" "forgiven" "waived". In which case why is my IO giving us a heart attack?

Were supposed to receive a letter for a second interview for his AOS and RFE. Any advice on how to proceed? :huh:

It's an I-601 - not I-160. :blush:

I don't know what your IO has in mind. His overstay is not a relevant factor in adjudicating his AOS because he's an immediate relative of a US citizen. Maybe they're trying to scare you. Maybe they think he left and returned, which should have triggered a 10 year ban. Maybe they think he left, triggered the ban, and then returned illegally. Maybe they just want to crawl up his tailpipe with a microscope and see if there's any reason they can conjure up to deny him. Some IO's seem to take it personally when they're confronted with a long overstay and they're expected to just ignore it. You may not find out for sure what's up unless they deny the AOS.

Why are you expecting a letter for an RFE?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

jacmcj Newbie

jacmcj   0

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted (edited)

Thanks for responding! I appreciate your feedback! The RFE is for an official statement from the courthouse about his criminal record. He had a DUI in 2003, (he was 23) which I know can also affect our case. Our lawyer did seem to think it was an issue, and the IO didnt make any comments about it, but who knows with these IO's.

Edited by jacmcj
 
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