Inquiring for a friend

[Brad D. Warren 0]

Hello, I am inquiring for a friend of mine who has a different immigration than my wife and myself had.  I am happy to say I used this website for the K-1 visa process, and adjsutment of status, etc for my wife, who is from the DOminican Rpeublic, and the entire process took less than a year, and was pretty easy, and saved us a good $5-$10K in legal fees.  

 

SO here is my situation.  One of our friends, an American citizen, married a lady who is here on a tourist visa.  NOw he had an attorney prepare and send in the I-130, and it was very costly.  But I am thinking the process is not that easy, as now her tourist visa has expired.  I guess thgouh maybe once you start an immigration doc process that may trump an overstayed visa, especially if you are now married.  Surely they can't kick your spouse out of the country, or could they?  Maybe the marriage has to pass the test before the uS considers it to be valid, and maybe she should have returned to her country while the process took its time.  But that sounds weird. 

 

Any thoughts?

[HRQX 4,145]

6 minutes ago, Brad D. Warren said:

he had an attorney prepare and send in the I-130

The I-130/I-130A by itself? Or was an I-485 also included? Pending I-485 applicants have authorized stay allowed by the US Attorney General.

[Boiler 45,693]

Nothing you have mentioned suggests an issue.

[HRQX 4,145]

28 minutes ago, Boiler said:

Nothing you have mentioned suggests an issue.

Unknown if she has an I-485 receipt notice. If she doesn't, then an I-130 is just a petition. The OP of the following thread didn't have an I-485 receipt notice:

"I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks..."

[payxibka 10,045]

1 hour ago, Brad D. Warren said:

Hello, I am inquiring for a friend of mine who has a different immigration than my wife and myself had.  I am happy to say I used this website for the K-1 visa process, and adjsutment of status, etc for my wife, who is from the DOminican Rpeublic, and the entire process took less than a year, and was pretty easy, and saved us a good $5-$10K in legal fees.  

 

SO here is my situation.  One of our friends, an American citizen, married a lady who is here on a tourist visa.  NOw he had an attorney prepare and send in the I-130, and it was very costly.  But I am thinking the process is not that easy, as now her tourist visa has expired.  I guess thgouh maybe once you start an immigration doc process that may trump an overstayed visa, especially if you are now married.  Surely they can't kick your spouse out of the country, or could they?  Maybe the marriage has to pass the test before the uS considers it to be valid, and maybe she should have returned to her country while the process took its time.  But that sounds weird. 

 

Any thoughts?

She's got no protection unless an i485 has also been filed in addition to the i130

[Brad D. Warren 0]

Wow, I read that in couple posts. Is that the law?

[Roel 7,192]

25 minutes ago, Brad D. Warren said:

Wow, I read that in couple posts. Is that the law?

No. It's always been like that.

[Boiler 45,693]

OP is asking for a friend and obviously is unaware of the specifics of what has and has not be been filed.

[Ben&Zian 4,398]

Still waiting on an update from the poster who ended up in jail and removal proceedings.... but the silence might be showing us the answer  

[Jeanne Adil 1,651]

18 minutes ago, Ben&Zian said:

Still waiting on an update from the poster who ended up in jail and removal proceedings.... but the silence might be showing us the answer  

first of all you have to believe he was in jail and had access to a computer and internet???????

[Crazy Cat 41,982]

10 hours ago, Brad D. Warren said:

Wow, I read that in couple posts. Is that the law?

Once ANYONE overstays their I-94 authorized stay, they are out of status..and subject to deportation...married or not.....the only protection comes from immediate relatives of US citizens IF THEY HAVE FILED an I-485.  Even at that point, the person does not have legal status in the US.....but they are granted temporary authorized stay.

[Crazy Cat 41,982]

2 minutes ago, adil-rafa said:

first of all you have to believe he was in jail and had access to a computer and internet???????

My understanding is that she was out on bond after having been in jail for 5 weeks at the time of the post.

[Jeanne Adil 1,651]

Just now, missileman said:

My understanding is that she was out on bond after having been in jail for 5 weeks at the time of the post.

it says sent straight to jail where i have been for 5 weeks

means there at time of this posting

[Crazy Cat 41,982]

4 minutes ago, adil-rafa said:

it says sent straight to jail where i have been for 5 weeks

means there at time of this posting

The title of her very first post oof that topic was "Beware bad information on AOS deadline for K1 (fresh out of jail)"

[payxibka 10,045]

48 minutes ago, adil-rafa said:

it says sent straight to jail where i have been for 5 weeks

means there at time of this posting

Posting from the jail cell?  I think not.