I-130 pending and reenter USA

[tkefa 0]

hi,

my husband is a green card holder. and he applied for my green card. important dates r below.

February 27,2012- Entered USA with 5years multiple B2 visa

march 16,2012- applied for I-130

March 20,2012- Got letter from USCIS that they accepted my application

July 27,2012- My baby born

October 14,2012- Left USA

Overstay- for 49days

My application for I-130 is under process. Now,as per law,i was supposed to leave USA by August 26,2012. but, as my infant was just one month at that time and i did not have his passport,I could not leave USA.I assumed this problem before and we met an immigration officer at USCIS Dallas office and described him the situation. He ensured us as my I-130 is pending, overstay law is freeze for me. ANd i can leave USA any time and get back again as long as i have a valid visa. My visa will expire on 2016. Now i m planning to enter USA again on march 4,2013. Is there any chance immigration at airport will make any problem for my last overstaying?or restrict my entry with the US citizen infant?or will that effect my I-130 process?

Edited January 22, 2013 by tkefa

[speedwell 224]

tkefa, your overstay might have been "frozen" due to your special circumstances. Normally an I-130 does not stop you from overstaying. For example, my husband is now visiting me while the I-130 processes. He has to go home or he will overstay. He is not allowed to stay longer than the validity period of his visa.

Did you get anything in writing from the immigration officer that says you were OK to overstay, or that you had special circumstances due to your baby? If you did, you should bring that with you as you enter the US.

This should not affect your I-130 process, because the I-130 process is only for establishing that you and the US resident are married.

[Ryan H 3,922]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of Permanent Residents to America, OP's spouse (the Petitioner) is an LPR.

[TimeTravel 78]

B1/B2 visa is void when you overstay, but you wont have ban since the overstay was less than 6 months. You are considered as an intended immigrant, in this case, you can not get entry in USA with any non-immigrant visa. F2A category has waitline around 2-3 yrs for immigrant visa.

[aaron2020 11,652]

Child has no problem entering US.

Your visitor visa became invalid once you overstayed. You will not be allowed back into the US.

If you take a "chance" by flying back with your US citizen child with the hope you will be let in, you will be disappointed when you have to buy your return tickets because you are not admissible. Be warned, you may not be allowed to see your husband before you are sent back home.

Edited January 22, 2013 by aaron2020

[Ontarkie 14,977]

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[velrich 50]

Dont waste your time and money on airfare. Your visa is void and will be stamped 'cancelled' on it and send you back home.

[apple21 953]

Stay in your home country and wait until you receive your F2A visa.

F2A has a total waiting time of 2-3 YEARS (from filing i-130 up to visa issuance).

Don't attempt to enter the US again using your B2 visa because you already have a bad record of over-staying.

[Penguin_ie 6,002]

The advice you got here is correct.

I think the USCIS officer missunderstood you- if yo'd been married to a US citizen (not "just" a greeencard holder), then your overstay would be forgiven if you had stayed and adjusted status inside the USA. Once you leave the country, all that is mute though.