TERRIFIED BY FORMER LANDLORD

[Coco8 1,039]

51 minutes ago, Dawn young said:

Will we need a waiver due to her having overstayed her visa?

 

No, you would need a waiver if she were deported and had to apply for a spousal visa. That is why doing the AOS is going to be much better than waiting. 

 

As others said, send the forms for employment authorization and advanced parole too.

 

Edited April 7, 2018 by Coco8

[Derik-Lina 230]

I am sorry but I am extremely disappointed in what many of you have suggested here. 

It is all wrong from the get go. Indirectly, you are saying: It is ok to get here on a tourist Visa, and NOT a K1 nor a CR1, like EVERY other soul, skip all lines and adjust status. Please do not give me the "Oh, she did not get here with the intention to marry" We don't know that and that is illegal. What you are suggesting is breaking the Law. And that defeats the very existence of the USCIS, VAC, Consulates and  all that is between. 

Let s say she manages to fork up the money, how is she going to sponsor/support the 2 children and the wife? She could hardly maintain a rental. In addition, I am not sure what happen there that the landlord would go to the extreme of texting and threatening. Something very fishy here. Good night. 

 

Edited April 7, 2018 by Derik-Lina

[TBoneTX 43,061]

Several noncontributory and argumentative posts have been removed.  Please post constructively or refrain from chiming in.

[Orangesapples 1,954]

1 hour ago, Derik-Lina said:

I am sorry but I am extremely disappointed in what many of you have suggested here. 

It is all wrong from the get go. Indirectly, you are saying: It is ok to get here on a tourist Visa, and NOT a K1 nor a CR1, like EVERY other soul, skip all lines and adjust status. Please do not give me the "Oh, she did not get here with the intention to marry" We don't know that and that is illegal. What you are suggesting is breaking the Law. And that defeats the very existence of the USCIS, VAC, Consulates and  all that is between. 

Let s say she manages to fork up the money, how is she going to sponsor/support the 2 children and the wife? She could hardly maintain a rental. In addition, I am not sure what happen there that the landlord would go to the extreme of texting and threatening. Something very fishy here. Good night. 

 

Filing AOS is perfectly legal. Nothing illegal was suggested. 

[Roel 7,191]

1 hour ago, Derik-Lina said:

I am sorry but I am extremely disappointed in what many of you have suggested here. 

It is all wrong from the get go. Indirectly, you are saying: It is ok to get here on a tourist Visa, and NOT a K1 nor a CR1, like EVERY other soul, skip all lines and adjust status. Please do not give me the "Oh, she did not get here with the intention to marry" We don't know that and that is illegal. What you are suggesting is breaking the Law. And that defeats the very existence of the USCIS, VAC, Consulates and  all that is between. 

Let s say she manages to fork up the money, how is she going to sponsor/support the 2 children and the wife? She could hardly maintain a rental. In addition, I am not sure what happen there that the landlord would go to the extreme of texting and threatening. Something very fishy here. Good night. 

 

? Of course it was wrong of her to enter on torusit visa with immigrant intent but can't really control that anymore, can we? Filing AOS right now is fine. If they will have any issues on the interview it might be just because of the illegal work but I don't think it's a ground for denile. 

 

But I'll say it again - OPs wife need to leave her job NOW. 

[NYCruiser 423]

8 hours ago, HabeshaWife2016 said:

Fair enough..... 

[Boiler 43,451]

8 hours ago, Orangesapples said:

Filing AOS is perfectly legal. Nothing illegal was suggested. 

Exactly

 

OP has mentioned no issues

[Dashinka 23,251]

9 hours ago, Derik-Lina said:

I am sorry but I am extremely disappointed in what many of you have suggested here. 

It is all wrong from the get go. Indirectly, you are saying: It is ok to get here on a tourist Visa, and NOT a K1 nor a CR1, like EVERY other soul, skip all lines and adjust status. Please do not give me the "Oh, she did not get here with the intention to marry" We don't know that and that is illegal. What you are suggesting is breaking the Law. And that defeats the very existence of the USCIS, VAC, Consulates and  all that is between. 

Let s say she manages to fork up the money, how is she going to sponsor/support the 2 children and the wife? She could hardly maintain a rental. In addition, I am not sure what happen there that the landlord would go to the extreme of texting and threatening. Something very fishy here. Good night. 

 

Although many may not agree with the law currently on the books, what the OP is doing is perfectly legal.  There was a post in CEHST that discussed the AOS from a tourist visa, but unless the law is changed (not likely anytime soon), it is a very legal method.  The OP and their spouse may get more scrutiny particularly with the unauthorized work, but as many members have said, they should end this ASAP.  

 

 

[Boiler 43,451]

Scrutiny about what?

[Dashinka 23,251]

32 minutes ago, Boiler said:

Scrutiny about what?

Unaurthized employment.

[Crazy Cat 39,268]

10 hours ago, Derik-Lina said:

I am sorry but I am extremely disappointed in what many of you have suggested here. 

It is all wrong from the get go. Indirectly, you are saying: It is ok to get here on a tourist Visa, and NOT a K1 nor a CR1, like EVERY other soul, skip all lines and adjust status. Please do not give me the "Oh, she did not get here with the intention to marry".

 

I think the law should be changed to prohibit adjusting status from B2 visas.  I see no reason why a tourist should not have to return to his/her country to wait out the CR-1 process.  I think the current  law encourages people to lie and convert their "visitor" Visa into an immigrant visa, thereby circumventing the legal immigrant process.  I also think that the vast majority of those people who marry while here on a B2 and adjust actually enter the US with intent.

Having said that, the law currently allows people to enter without intent, marry, and then adjust.  I see no indication that the OP or spouse have violated that part of current immigration law.  The OP and her spouse can apply for AOS.

[Boiler 43,451]

12 minutes ago, Bill & Katya said:

Unauthorized employment.

Which is irrelevant in this sort of case.

[Dashinka 23,251]

1 minute ago, Boiler said:

Which is irrelevant in this sort of case.

Probably, but it may bring additional questions when they reach the AOS approval stage.  I am not suggesting it would be grounds for denial, but it does show a disregard for the rules.

[Roel 7,191]

28 minutes ago, missileman said:

I think the law should be changed to prohibit adjusting status from B2 visas.  I see no reason why a tourist should not have to return to his/her country to wait out the CR-1 process.  I think the current  law encourages people to lie and convert their "visitor" Visa into an immigrant visa, thereby circumventing the legal immigrant process.  I also think that the vast majority of those people who marry while here on a B2 and adjust actually enter the US with intent.

Having said that, the law currently allows people to enter without intent, marry, and then adjust.  I see no indication that the OP or spouse have violated that part of current immigration law.  The OP and her spouse can apply for AOS.

Agreed. 

[Boiler 43,451]

17 minutes ago, Bill & Katya said:

Probably, but it may bring additional questions when they reach the AOS approval stage.  I am not suggesting it would be grounds for denial, but it does show a disregard for the rules.

There are tens of thousands, maybe hundreds of thousands similar cases every year, not an issue.