Is my lawyer right? We are frustrated

[QueenComley 295]

2 minutes ago, arken said:

His wife can file for AOS if her PD is current regardless of OP's citizenship.

Incorrect. My husband was a LPR and he had to become a citizen for me to AOS. Once he became a Citizen I applied for AOS no problem.

[arken 4,197]

57 minutes ago, Ivankz said:

 

Thank you for your reply. Now everything is clear to me.

 

So now I see, that it is not even worth to go to apply for another visitor visa, when she is back to her country. It is better to just wait for her PD to become current for outside of US.

 

What do you think, will she get any question at her interview from NVC or us council in her country about previous visa extension?

 

53 minutes ago, Ivankz said:

So do we risk to lose the case if her extension will get denied?

 

If she leave the country before USCIS make a decision (and before her 180 days of overstay) and then USCIS for some reason will deny her extension (when she is already outside of the US), will this be a problem for AOS?

If she returns to her country soon after getting denied or if she returns before USCIs makes a decision, she is not considered to violate any laws. 

If she is asked about those during interview, it would have no negative effect as long as she tells the truth.

[arken 4,197]

11 minutes ago, QueenComley said:

Incorrect. My husband was a LPR and he had to become a citizen for me to AOS. Once he became a Citizen I applied for AOS no problem.

That just means either ur PD wasn't current at that time or you don't have good information on AOS.

 

FYI, your husband became a US citizen so you can file for AOS SOONER.

Edited May 17, 2017 by arken

[IcezMan_IcezLady 582]

16 minutes ago, arken said:

His wife can file for AOS if her PD is current regardless of OP's citizenship.

You are right.. if her PD becomes current.

[Hypnos 6,576]

Even one day of overstay renders someone ineligible to AoS unless they're an immediate relative of a US citizen. 

 

OP in this case is an LPR. 

[geowrian 22,335]

1 minute ago, Hypnos said:

Even one day of overstay renders someone ineligible to AoS unless they're an immediate relative of a US citizen. 

 

OP in this case is an LPR. 

Exactly. That said...I'm assuming the so-called "grace period" after a denial would not qualify as eligible time to AOS too, right? Since it's not actually legal status and legal status is required.

[Hypnos 6,576]

I would also guess that it isn't. 

[JFH 12,189]

21 hours ago, Ivankz said:

 

 

 

Since our plan was to get her AOS when she is INSIDE in US,

 

[JFH 12,189]

When was it decided that she would file AOS? Before or after she arrived on her tourist visa?  She will struggle to get another tourist visa - what strong ties did she demonstrate to get the visa in the first place if she can spend several months at a time out of the country?

Edited May 17, 2017 by JFH

[Ivankz 0]

1 hour ago, JFH said:

When was it decided that she would file AOS? Before or after she arrived on her tourist visa?  She will struggle to get another tourist visa - what strong ties did she demonstrate to get the visa in the first place if she can spend several months at a time out of the country?

we decided not to apply for another tourist visa and just wait for her PD to become current outside of the country

[teh_diver 0]

4 hours ago, Ivankz said:

we decided not to apply for another tourist visa and just wait for her PD to become current outside of the country

It would be extreme difficult to get another visitor visa IMO since your F2A is in process.. Your PD is Dec 2015 means you are just 4 to 5 months away to get IL. Work on that strongly and get though consular process for F2A. Good luck!     I've been into similar situation before! 

[Ivankz 0]

7 hours ago, teh_diver said:

It would be extreme difficult to get another visitor visa IMO since your F2A is in process.. Your PD is Dec 2015 means you are just 4 to 5 months away to get IL. Work on that strongly and get though consular process for F2A. Good luck!     I've been into similar situation before! 

Thanks!