Concurrent Filing of i 130 and i 485 with complications

[Maria42 0]

I got engaged in US last Oct 2017 while I was visiting then re-entered US Feb this year and got married last week (5 months after re-entry). My i 94 will expire Aug and we cannot file same time i 130 and i 485 because my spouse has not filed his taxes for the last 3 years.

My questions are:

1. Can we still lodge application after my i 94 expires while we complete documents in US?

2. Can I get deported if I would be out-of-status and my tourist visa valid for the next 3 years be revoked?

3. I have good travel history in US and this is first time just in case. Should I request for extensionof stay for the reason of being spouse and we will lodge application for i 130 and AOS?

Thank you.

[geowrian 22,337]

1. Yes
2. From the time that your I-94 expires until you file for AOS, you are deportable due to your unlawful presence. It's unlikely to happen, but is certainly on the table.
   1. Your tourist visa will automatically be revoked starting day 1 once you stay past the I-94.
   2. If you overstay by 180 days or longer and leave the US, you will incur a 3 or 10 year bar (based on length of overstay).
   3. Overstay is not a bar for AOS (I-485) as the immediate relative of a US Citizen.
3. That's not a valid reason to extend your status. A requirement of your status is non-immigrant intent...requesting an extension so you can apply to be an immigrant doesn't make sense.

[Maria42 0]

Thank you geowrian. If I return to home country before i 94 expires, would I still be able to re-enter granting my visa is still valid until 2021? or no because I have married USC? 

[geowrian 22,337]

2 minutes ago, Maria42 said:

Thank you geowrian. If I return to home country before i 94 expires, would I still be able to re-enter granting my visa is still valid until 2021? or no because I have married USC? 

Entry is at the discretion of the CBP officer. But your visa would remain valid and you would be awarded the opportunity to apply for entry (like every other time you've entered).

 

That said, a general rule of thumb is to spend more time outside the US than in it...twice as long being preferable. If you entered in Feb and are still in the US now, that's a very long stay as a tourist. I would not be surprised if an officer would suspect that the visa is being used to live in the US instead of visit, unless the next visit was at least sometimes next year.

 

Tough decision. Good luck.