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atdancalan

Need advice for my wife

By atdancalan in USCIS Service Centers

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
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She's suppose to leave last May 18, 2015 she doesn't leave because we're waiting for the adjustment of status that we file. And then there's a letter came that stating regarding the category classification saying that my spouse is in the category of 203 A2A Ina spouse of LPR. What will do now?

When did she enter the US?

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Boiler
Boiler

Which was fully detailed by Apple21. And ignored.

apple21
apple21

Spouses of LPRs cannot adjust status unless their priority date is current. It will take more or less 2 years before her priority date becomes current and if she wants to AOS she must have authorize

Boiler
Boiler

Leave when she is supposed to.

Boiler Grand Master

Boiler   43,394

Posted
Filed: K-1 Visa Country: Wales
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November?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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atdancalan Rookie

atdancalan   0

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Filed: Other Country: Philippines
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November 19, 2015 we did a same sex marriage last mar. 18, 2015 and last May 12 we file the adjustment of status of my wife.and after 2 weeks we received the letter from uscis stating the 203 A2A INA spouse of LPR

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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So she's overstaying for 2 weeks + (and counting) now.

She has to leave ASAP. For every day that she spends inside the US, the more unlawful presence she incurs. Because of that, her tourist visa will no longer be valid.

The i130 petition will still go on as normal.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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If she leave Asap it will not affect the petition that we been filed?

Hopefully not, but who knows? It may or may not be a big deal to the US Embassy Manila.

Let's wait for other inputs. I'm not an expert with overstays. But I wish you good luck.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Boiler Grand Master

Boiler   43,394

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Filed: K-1 Visa Country: Wales
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Currently obviously at risk of deportation.

3 year ban kicks in after 6 months overstay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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Currently obviously at risk of deportation.

3 year ban kicks in after 6 months overstay.

So if she leaves soon there's no overstay?

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Boiler Grand Master

Boiler   43,394

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Filed: K-1 Visa Country: Wales
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No ban, already has an overstay which voided the B

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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No ban, already has an overstay which voided the B

Oh sorry. You're right. There's no ban but there's an ovestay and she can't use her tourist visa anymore.

Thanks for clarifying.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Boiler Grand Master

Boiler   43,394

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Filed: K-1 Visa Country: Wales
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Correct

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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What if she's overstay for 6 months?what wil happen? Is she will ban for 3 years?

Yes. So she must leave ASAP.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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TBoneTX Grand Master

TBoneTX   43,019

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Filed: Citizen (apr) Country: Ecuador
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The OP has gotten accurate answers (several times) and seems to be fishing for ways around the rules. Accordingly, this thread is closed, and it's not to be restarted or referred to elsewhere.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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