Need advise about I-130

[DariaG 0]

Hi, I'm currently in US, entered with b2 visa, was visiting my husband (LPR) and then we file I-130, by now my visa is expired, case in process for 12 months, so I cant file AOS and EAD, and 2 more years before my husband can apply naturalization! What is my options?

Thank you!

[apple21 953]

Hi, I'm currently in US, entered with b2 visa, was visiting my husband (LPR) and then we file I-130, by now my visa is expired, case in process for 12 months, so I cant file AOS and EAD, and 2 more years before my husband can apply naturalization! What is my options?

Thank you!

You are incurring illegal presence now and it will cause you a BAN.

Go back to your home country.

Edited January 29, 2013 by apple21

[DariaG 0]

What if I wait for my spouse to became USC?

[apple21 953]

Do you think he will qualify for citizenship if USCIS finds out that he's harboring an illegal alien (you)?

[harley2012 2]

hi...if ur husband is an immigrant, he could file an adjustment of status for you concurrent with the i-130 and you could also apply for an employment authorization

[DariaG 0]

hi...if ur husband is an immigrant, he could file an adjustment of status for you concurrent with the i-130 and you could also apply for an employment authorization

Thank you, but no! We need an approved petition for that, because he is LPR! And it takes 12 month already, of course while it was processing my b2 visa expired!

Thanks anyway!

[DariaG 0]

Do you think he will qualify for citizenship if USCIS finds out that he's harboring an illegal alien (you)?

Well, hopefully they'll not ask him about it!

Good friend of mine was illegally here for 11 years and she actually get her citizenship without any question!

[ca1bear 7]

I personally spoke with USCIS agents this past year and asked about my Fiance (now Wife) coming on a Tourist Visa and then getting married here and adjusting status...

Basic answer, if the intent is to circumvent the I-129F or I-130 process to begin with, it would result in a ban.

In your situation, if you have already let your tourist visa expire and you are still in the country, my only advice is to get an attorney now and turn yourself in to USCIS. But even that may be too late...

As well, given your spouse is not a U.S. Citizen and he was complicit in your violating your Visa, his LPR status is subject to being revoked and he would be deported as well. You will want to take a quick "Google" on harboring and/or aiding and abetting an illegal immigrant.

The real sad matter of this is that cases like yours are what makes it so difficult for people to legally immigrate to the U.S. and what drives the high costs for immigration fees.

[Hypnos 6,576]

Do you think he will qualify for citizenship if USCIS finds out that he's harboring an illegal alien (you)?

One has nothing to do with the other.

The OP is here for advice, not judgement.

[apple21 953]

One has nothing to do with the other.

The OP is here for advice, not judgement.

Nope, not judging here.

[Hypnos 6,576]

Well on the plus side you aren't giving any good advice, either.

[apple21 953]

Well on the plus side you aren't giving any good advice, either.

Really, sorry if that bothered you.

I think going back to OP's country and waiting for her F2A visa there is the way so she won't incur any more illegal presence. If that's the wrong advice, then by all means kindly post the right one.

[Hypnos 6,576]

The OP has two choices:

(1) Wait until her husband becomes a US citizen and then adjust status based upon marriage to him. This will involve a wait of at least two years, during which time she will remain out of status and could theoretically be detained and deported by ICE if they pick her up.

(2) Leave the US and wait in her home country for the priority date on her F2A I-130 to become current. This is a wait of approximately 27 months, so another 15 months from now, incorporating the 12 it has already been pending. Since it appears she has at least 365 days of overstay she will receive a 10 year bar upon departure from the US, for which she would need to seek an I-601 waiver overseas to attempt to overcome.

She should consult an experienced AILA-certified immigration attorney at her earliest convenience to fully explore these options.

Edited January 29, 2013 by Hypnos

[DariaG 0]

The OP has two choices:

(1) Wait until her husband becomes a US citizen and then adjust status based upon marriage to him. This will involve a wait of at least two years, during which time she will remain out of status and could theoretically be detained and deported by ICE if they pick her up.

(2) Leave the US and wait in her home country for the priority date on her F2A I-130 to become current. This is a wait of approximately 27 months, so another 15 months from now, incorporating the 12 it has already been pending. Since it appears she has at least 365 days of overstay she will receive a 10 year bar upon departure from the US, for which she would need to seek an I-601 waiver overseas to attempt to overcome.

She should consult an experienced AILA-certified immigration attorney at her earliest convenience to fully explore these options.

Thanks, you being really helpfull!

What if I overstayd only for 4 months?

It's heartbroken to think that I had to leave my hubby for more then 1 year!

The OP has two choices:

(1) Wait until her husband becomes a US citizen and then adjust status based upon marriage to him. This will involve a wait of at least two years, during which time she will remain out of status and could theoretically be detained and deported by ICE if they pick her up.

(2) Leave the US and wait in her home country for the priority date on her F2A I-130 to become current. This is a wait of approximately 27 months, so another 15 months from now, incorporating the 12 it has already been pending. Since it appears she has at least 365 days of overstay she will receive a 10 year bar upon departure from the US, for which she would need to seek an I-601 waiver overseas to attempt to overcome.

She should consult an experienced AILA-certified immigration attorney at her earliest convenience to fully explore these options.

Thanks, you being really helpfull!

What if I overstayd only for 4 months?

It's heartbroken to think that I had to leave my hubby for more then 1 year!

[Hypnos 6,576]

The earliest a bar kicks in is for 180 days of unauthorised stay (after the expiration of your I-94). Provided you depart before accumulating 180 days of overstay then you receive no bar and should not need to submit an I-601 waiver.

I am not completely sure on that, so hopefully someone else can chip in. As I stated above, you should also speak to an immigration attorney, too.