Jump to content

9 posts in this topic

Recommended Posts

If she's been in the US past what was allowed on the I-94 permit, she's already overstaying -unlawful presence-. The expiration date of the visa is irrelevant. 

 

The spouse of an LPR cannot adjust status with unlawful presence. She must leave the country and depending on the length of the overstay, a 3 years, 10 years or permanent bar will apply. 

 

Source: https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
1 hour ago, maggy_0035 said:

I have a friend of a Permanent Resident cardholder. His wife is a B1 visa holder and her visa is current. It will expire in October. If she does adjustment of status and her visa expires while the process is continuing will she have any problems? Also, does she need to fill out form I-130 and I-130A?

Yes, big problems.   Visa expiration is irrelevant,  it is the i94 expiration.   The spouse of a LPR cannot adjust if out if status,  that is only allowed if petitionner is a USC 

Edited by payxibka

YMMV

Link to comment
Share on other sites

An I-130 packet can be filed at any time. This packet includes an I-130A for a spouse.

 

If she has overstayed her I-94, then she is ineligible for AOS. She needs to leave and complete processing abroad. If she leaves before 180 days of overstay, there is no ban.

 

If she is still within her I-94 duration, then the I-130 packet + an I-485 (AOS) packet can be filed concurrently under the current visa bulletin dates. If her I-94 expires after filing, she can remain in the US pending adjudication of the I-485.

 

The expiration date of her visa has no bearing on the matter.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

On 8/5/2019 at 4:27 PM, geowrian said:

An I-130 packet can be filed at any time. This packet includes an I-130A for a spouse.

 

If she has overstayed her I-94, then she is ineligible for AOS. She needs to leave and complete processing abroad. If she leaves before 180 days of overstay, there is no ban.

 

If she is still within her I-94 duration, then the I-130 packet + an I-485 (AOS) packet can be filed concurrently under the current visa bulletin dates. If her I-94 expires after filing, she can remain in the US pending adjudication of the I-485.

 

The expiration date of her visa has no bearing on the matter.

Ok, so she can file the AOS packet thru her Permanent Resident husband and if October comes along and her I-94 expires  her process will still be ok? 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...