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dandl4ever

concurrent filing with an expired visa

By dandl4ever in Adjustment of Status from Work, Student, & Tourist Visas

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dandl4ever Newbie

dandl4ever   0

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Hi everyone... I am a U.S. citizen who has been living in Costa Rica for almost 11 years now. I married my wife almost 10 years ago. We are currently moving to the states for a work related reason and to be closer to my family.  My wife's visa expires in a week. We are close to being able to assemble our package and file but it could be after her visa expires. Is this a problem at all if we file after her visa expires? We also do not know yet how long her tourist visa was stamped for... her i 94 does not have the correct dates on it. We sent an email to get the correct one and should have that in a couple days. 

Thanks for any help

OldUser Veteran

OldUser   6,891

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24 minutes ago, dandl4ever said:

Is this a problem at all if we file after her visa expires?

It's not about visa expiration but status expiration. E.g. she may have 10 year tourist visa valid until 2028. But if she entered the US in December 2023, the max she could stay is 6 months from entry.

 

If she falls out of status she can be deportable and certainly can be detained by ICE.

 

If you were to file adjustment of status packet, her overstay would be forgiven if I-485 gets approved.

 

TBoneTX Grand Master

TBoneTX   45,543

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Filed: Citizen (apr) Country: Ecuador
 Timeline
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Unanswered duplicate thread has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

powerpuff Veteran

powerpuff   6,736

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Posted

*** Thread moved from Bringing Family Members of US citizens to America (other than spouses/consular processing) to Adjustment of Status work/student/tourist visas ***
 

21 hours ago, dandl4ever said:

Once we file the i 485 her status stays legal until the case has a resolution? 

she remains in what is known as “authorized stay” while the petition is adjudicated.

 

 

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

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