HELP what should i do

[masterbotbot 0]

im a tourist here at us and got married..

date of arrival here at us: june 25, 2011

due date of stay: dec 23, 2011

wedding date: nov.3 2011

my wife is a green card holder and filed citizenship last nov.27, 2011...

what is more good petition me while her citizenship is on going or to wait for her to be citizenship??but the problem is im gonna be out of status thus dec 23...

is there gonna be a problem or will affect if she will petition me, an out of status person..???

or we should file now the petition while she is green card holder and if her citizenship is done, we will going to upgrade the petition, my question is how can we upgrade it???thank you...(im sorry for my english lol)

[masterbotbot 0]

im a tourist here at us and got married..

date of arrival here at us: june 25, 2011

due date of stay: dec 23, 2011

wedding date: nov.3 2011

my wife is a green card holder and filed citizenship last nov.27, 2011...

what is more good petition me while her citizenship is on going or to wait for her to be citizenship??but the problem is im gonna be out of status thus dec 23...

is there gonna be a problem or will affect if she will petition me, an out of status person..???

or we should file now the petition while she is green card holder and if her citizenship is done, we will going to upgrade the petition, my question is how can we upgrade it???thank you...(im sorry for my english lol)

[gretchen_darren 67]

safest thing... get an immigration lawyer.... this is beyond the forum to advise you in this matter you are facing.

[Darnell 8,478]

there is no 'hold time' at uscis, regardless of her status, if chasing a CR-1 visa.

The hold time starts AFTER the approval, not go into any NVC processing queue till a visa number is available.

Are you thinking of AOS or CR-1 visa?

Edited December 12, 2011 by Darnell

[MikelanNida 28]

I agree with gretchen_darren, some members may know the answer to this though. It seems legally you would have to go home and wait either way. Someone please correct me if i am wrong, but, a green card holder will have a waiting period to petition you, and you dont want to be here waiting out of status for when/if she becomes a citizen.

[sunandmoon 450]

I agree with gretchen_darren, some members may know the answer to this though. It seems legally you would have to go home and wait either way. Someone please correct me if i am wrong, but, a green card holder will have a waiting period to petition you, and you dont want to be here waiting out of status for when/if she becomes a citizen.

if the petition is approved, there is a waiting period for visa to become available. if the OP remains, no way to avoid overstay.

from USCIS website. For LPR... how do I help my relative become a permanent resident.

Can my relative wait in the United States until he or she

can become a permanent resident?

No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

http://www.uscis.gov/USCIS/Resources/B1en.pdf

as has been suggested, the OP should consult an immigration attorney.

[Penguin_ie 5,994]

**** Two topics on the same issue merged. Please do not start more than one topic on the same issue *****

[masterbotbot 0]

safest thing... get an immigration lawyer.... this is beyond the forum to advise you in this matter you are facing.

yah i think i need to consult a lawyer...Thank you...God bless

Guys thank you for your reply...the safest thing to do is to consult a lawyer...GOd bless

[Deputy Purple 1,294]

In this case, while the Petitioner is still a LPR the Beneficiary will have to wait for their priority date to become current after the I-130 is approved.

Once the Petitioner receives their Certificate of Naturalization the Beneficiary can file I-485 with USCIS and Adjust Status as an Immediate Relative since there is now a Visa number immediately available for the Beneficiary.

Even if the Beneficiary overstays this will not prevent them from adjusting status in country.

The issues that the OP will experience are:

Inability to work until after spouse is USC and the I-485 has been filed based upon the approved I-130 and EAD is received.

Risk of being detained and deported if overstay is noticed by ICE.

If the Beneficiary remains in the US then they should be able to file I-485 based on the already approved I-130 (no need to upgrade anything).

If the Beneficiary returns home (to the Philippines) then the Petitioner will need to contact USCIS and get the case upgraded from a Family Preference for LPR to Immediate relative of USC.

[masterbotbot 0]

girl is the USC

boy is tourist here but expired

is it going to be hard when usc petition an out of status here??

what are the important points that their need to know??

they were married here before the boy visa expires...the petition procedure was not yet done because the girl wanted to proved that the love of the boy for her is real, not love for the papers only...so now they decided to do the petition..they did not start yet the petition because they afraid of the posibility that the boy can be deported...

guys what must they do???

thank you...

[TimeTravel 78]

He is making big trouble for himself like this.

It is called Visa Fraud if one comes to USA on tourist visa, get married and dont have intention to return back to home country. This would cause him ban penalty for staying in USA on expired visa.

Suggestion: He must return to his home country, file for waiver then start immigration application. Better to hire an attorney so you can explain your entire case and can get the best help in this matter.

[Helen Louise Pile 80]

...the petition procedure was not yet done because the girl wanted to proved that the love of the boy for her is real, not love for the papers only...

This sentence is perplexing.

If she had doubts she shouldn't have married him. This is very odd. How did he prove his love?

How long has it been since they were married? How long has he been out of status?

Being out of status for a while isn't necessarily a problem. It really depends on the situation. He can marryand adjust status while on a tourist visa if it was not his intention to remain here when he entered and he did not misrepresent himself at CBP. There are many many VJ posts on this topic.

Edited December 20, 2011 by Helen Louise Pile

[Darnell 8,478]

since i have no clue what yer doing, and i can't understand you,

i'll simply say -

file for AOS, adjusting from a tourist visa, this weekend.

We've a guide for that, study it now, for the next few days.

Good Luck!

[GandK 168]

girl is the USC

boy is tourist here but expired

is it going to be hard when usc petition an out of status here??

what are the important points that their need to know??

they were married here before the boy visa expires...the petition procedure was not yet done because the girl wanted to proved that the love of the boy for her is real, not love for the papers only...so now they decided to do the petition..they did not start yet the petition because they afraid of the posibility that the boy can be deported...

guys what must they do???

thank you...

You need to provide more info before someone can give you better advice. Which country is the boy from? How long has he been out of status?

But basically, you have two options since they are already married.

1. File for I-485 AOS

Be VERY CAREFUL here, the boy came on a tourist visa which is not a dual intent visa. You must be able to prove that the boy did not enter the country with intent to marry. Think carefully about any red flags in your case you might have.

I would absolutely recommend an attorney if you choose to go down this road.

It is quite possible that your petition will be denied and the boy will be deported and possibly banned for visa fraud ( 10 years ban) if they deem that the tourist visa he had was used to enter the country to marry.

This is like playing a russian roulettes, a lot of people have done it this way and got away with it. Most people don't go down that road though because the consequence is totally unacceptable and can be disastrous.

2. The boy leaves the country and start the spousal visa CR-1 process from his country.

This is a normal procedure for married couple. The fact that the boy has previously overstayed his visa might be an issue but it is still FAR safer than the other option.

Best of luck

Edited December 20, 2011 by GandK

[Penguin_ie 5,994]

**** Moving from K1 fiance visa to AOS from Tourist visa as OP is already married to an out-of-status B2 visa holder ****