Desperate

[craigalove 0]

Hello,

I desperately need some solid advice. I am a natural born U.S. citizen. I brought my foreign wife and her children to the United States on B-2 visas in October 2013 to visit my family and I returned to my job in Saudi Arabia and planned to return to visit again at Christmas 2013 and take them back to Saudi Arabia. When I returned to Saudi Arabia I found out my contract would not be renewed and decided to file AOS for them when I came home in February 2014. We knew it would take a little longer to save the money for their AOS (about $6000 for all four of them). So, I began to search for work here at home. It has been very difficult and I have been unable to find work. We are living with my family and they are helping as best they can.

They will have been in the U.S. since October 2013 and I am worried that if their documents are not filed by October 2014 they will be declared illegal and be deported.

Any advice is much appreciated.

Craig

[Pitaya 2,576]

~Moved from IR1/CR1 Process to WST-based AOS Forum~

~inquiry about adjusting from visitor visas~

[NigeriaorBust 4,087]

You family is probably already in an overstay. They should have been given no more than 6 months stay when they arrived. Does your family make enough to co sponsor

[Boiler 43,381]

I also wonder how they got 12 months, not usual on a B and certainly not for this sort of situation.

[craigalove 0]

Their visas are 10 year, multi-entry. Upon entry, a B-2 is valid for six months. We planned to have their AOS started before their six months were up. However, we ran out of funds before we could apply.

Craig

[Boiler 43,381]

So what has October 2014 got to do with anything?

[craigalove 0]

My understanding was that there is a "grace" period. I may be incorrect in that. But that "grace" period would expire 12 months after arrival.

[Boiler 43,381]

No such time limit.

[dwheels76 5,459]

My understanding was that there is a "grace" period. I may be incorrect in that. But that "grace" period would expire 12 months after arrival.

There is no grace period the day they stay pass that 6 months expire stamp its an overstay. Not considered illegal stay because she is married to a USC.

However they are in lock down kids can't go to school, she can't work. So the sooner you can file the Adjustment of Status the better. I know with no job that's like impossible.

[craigalove 0]

Well, that's good to know. The good news is that the kids are allowed to attend school. However, my step-daughter cant attend college yet, but the others are in high school.

[Boiler 43,381]

Not on a B, but that is moot as the B is no more.

[KayDeeCee 4,891]

Uhm, overstay is overstay and it is considered unlawful presence, even if married to a USC. Being married to a USC gives no legal status in the US. Once you file for AOS, they will be in a new period of authorized stay while waiting for the green card approvals, and the unlawful presence will not be an issue for filing or being approved.

[Jawaree 717]

Y not start with your wife and older childs first. they R all under illegal status

after 6 mths, many will consider breaking the line ahead of those waiting

including ICE, start on the adults petition first...there are a few community colleges

that will allow out of town tuition for some undocumented and U pay cash

[craigalove 0]

Thanks for all the comments. It makes me feel better knowing this probably wont keep them from getting their green cards in the future as soon as we can afford.

[craigalove 0]

Does anyone know of any assistance organizations?