Haarp425

Once your I-94 expires and you have not applied for AOS, you will start accumulating overstay. Your overstay stops accumulating once you apply for AOS. If your overstay is over 6 months you will banned from returning to the USA for 3 years. If your overstay is over 1 year then you will be banned from returning to US for 10 years. So, if you have accumulated over 6 moths or more, do not leave the USA until you get the GC.
So, you must file for AOS before your I-94 expires so that you will not accumulate any overstay (no gap between AOS and expiration of the I-94).

One wrong cannot be corrected by another wrong.
I always tell my LPR friends not to do DUI, DWI, etc.
I also tell them that if they are in a situation where they have a confrontation with someone and then fights ensues, I tell them to either walk away or defend yourself but not offense. If someone hits you, do not hit back and beat the other person to a pulp because you will be charged as well with assault. You can tell the judge that the other person started it but still you will be charge with assault and if you are just an LPR, then it would not look good when you apply for USC.

Why are you surrendering? You need to fight it. Being here in the USA for 5 months, it is not enough to understand 100% the American accent. It takes years to learn their American accent and be able to pronounce the words properly so that the American can understand you. If you leave now, in a couple of years you will be hating yourself why you did not fight your right to appeal. Your USC husband was not looking out for you knowing that there are required documents during the interview such as joint bills, bank account, rent, etc.
The question regarding "who takes care of your child", your USC husband automatically assumes that the father of your child is the one taking care of the child because that is what the father should do. You should have explained why you said the sister (due to money matters perhaps).
I know at this point you are scared because you are in a land in which you are not familiar and you are still trying to learn the American ways and style. You still have to learn the proper American language. New Yorkers have a different accent. Southerners have a different accent. You won't be able to talk straight for hours with another American in English language because English is your 2nd language. If you were asked in your native language, you can talk for hours and hours because you are comfortable with that language.
Take my advice and speak with an immigration laywer first. There are immigration lawyers that provides FREE 1 hour consultation regarding your case. If you want, you can find a immigration law firm that speaks your native language and you might be able to explain your situation and they can give you a proper advice. Use your credit card to pay for your lawyer's fee if you decide to use them. If you are not comfortable with your English, get a translator during your appeal.

Here's my example to you. It is up to you how to interpret my statement. I will try to explain to you the typical filipina custom and tradition. Not sure it might be even applicable to other traditional females in other countries.
First off. Majority of Filipina that grows up in the Philippines are soft spoken. They speak English language well but they are still soft spoken. They are very "sensitive" and as a young age they are trained to serve the whole family (cooking, household chores, take care of young siblings) in preparation when she marries someone so she can serve him well. Now, they move to the USA and marry a USC. Feeling secured being married to a nice and loving guy, she will serve you well.
Now, here's what slowly destroy the loving relationship. (This is how I see it) We as mostly male USC, if we find something which is not right or if someone has done something wrong or done something incorrectly, we tell it to them what we think without any reservation. We get upset and yell and let go off our steam as we are told to do. We get mad and upset at that moment but then we let go afterwards and we forget about it.
The typical Filipina is very sensitive to those sudden outburst and sudden anger by the husband. She will cry and keep it (the pain) to herself without you knowing it (for years) and she will never forget it. Still, she will continue to serve the husband well and hoping she won't be treated with sudden anger and sudden outburts again. Typical Filipina does not want her husband talking bad things to her parents specially her mother. Filipino's that grow up in the Philippines who are raised properly does not and are not allowed to talk back at their parents. Filipina are not trained to talk back at their husband even though they are feeling hurt. They are trained not to say hurtful words to anyone because they don't want anybody saying hurtful words to them. Here in the US, sometimes us as husbands tend to say things the way they see it and does not care if it it hurts or not because we think it is better to say it and let go of what we feel inside and let the steam go off. These type of behavior over time builds up in their heart and it will overshadow her love for her husband.
She does not talk about her problem with any other people. She does not even tell her parents her problem with the husband. If she still loves her husband and if she can't take it anymore the verbal abuse, she will not file for divorce, but she will retreat to her parents for comfort and for protection because she does not feel the love and protection anymore from her husband. It is up to the husband to adjust and learn how to deal this kind of relationship with a typical filipina that grows up in a traditional way in the Philippines. If she does not have a parents anymore to go to for comfort and protection, she will try to learn and act the way the husband does and eventually will talk back to the husband. If the husband can't take his own medicine, either someone will get hurt and arrested or divorce is the outcome.
Now to the OP, your situation might be different. However, what I just wrote is typical of why a filipina goes back home and won't come back "just yet".
To the OP, I think she still loves you too because she did not file for divorce and make you pay child support as pay back of some sort. She knows that female in the USA has equal rights with men and she could have used the legal system but not yet because I think she is hoping for some miracle.
I know this for a fact because I know. Here in the USA, a husband can't just beat or slap her wife because he will go to jail. In the Philippines women who are middle class are constantly get beaten by their husband and the husband do not go to jail because NO ONE will report it and because woman does not have equal rights in the Philippines and the laws are not being enforced even there if there is such a thing as protection for women. If the woman in the Philippines is rich and get beat up by her husband then the husband goes to jail. However, reform is slowly being implemented in the Philippines.
Now, the best way to answer your question is to ask a filipina who grew up in the Philippines and speak the same dialect as your wife in traditional way and currently living here in the USA. Approach her in a neutral way and ask question why would a filipina go back home for no reason.

I would go and make an info pass ASAP.

I hope you have NOT giving these INCORRECT information to other individuals. Here's one excerpt from the document below that will be helpful to you regarding "unlawful presence". I hope the link in the document below will give you understanding regarding "unlawful presence".
For purposes of section 212(a)(9)(B)(ii) of the Immigration and Nationality Act an alien is “unlawfully present” in the United States after the expiration of the period of stay authorized by the Attorney General. The period of stay authorized by the Attorney General normally expires upon the expiration of the alien’s Form I-94 (arrival/departure record).
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp?oid=e59101c2c2b28210VgnVCM100000082ca60aRCRD
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d82f98dc8df3110VgnVCM1000004718190aRCRD&vgnextchannel=5d82f98dc8df3110VgnVCM1000004718190aRCRD
Please do NOT give this incorrect information to other people that there is NO penalty filing for AOS after 90 days authorized stay. If you give bad advice to other individual to wait 2 years after the expiration of the I-94 and file for AOS, those individual are Unlawful Present in the USA and if they happen to be involved in some type of vehicle incident and asked by an LEO, more than likely that individual will be referred to ICE.
YES, I agree you must be careful to pass out INCORRECT information.

I hope you have NOT giving these INCORRECT information to other individuals. Here's one excerpt from the document below that will be helpful to you regarding "unlawful presence". I hope the link in the document below will give you understanding regarding "unlawful presence".
For purposes of section 212(a)(9)(B)(ii) of the Immigration and Nationality Act an alien is “unlawfully present” in the United States after the expiration of the period of stay authorized by the Attorney General. The period of stay authorized by the Attorney General normally expires upon the expiration of the alien’s Form I-94 (arrival/departure record).
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp?oid=e59101c2c2b28210VgnVCM100000082ca60aRCRD
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d82f98dc8df3110VgnVCM1000004718190aRCRD&vgnextchannel=5d82f98dc8df3110VgnVCM1000004718190aRCRD
Please do NOT give this incorrect information to other people that there is NO penalty filing for AOS after 90 days authorized stay. If you give bad advice to other individual to wait 2 years after the expiration of the I-94 and file for AOS, those individual are Unlawful Present in the USA and if they happen to be involved in some type of vehicle incident and asked by an LEO, more than likely that individual will be referred to ICE.
YES, I agree you must be careful to pass out INCORRECT information.

Wow. I just want to know how do you define "out-of-status"? .... Is it legal stay? I don't think so.
Let me provide you this information and let me know how you interpret it.
Deportable Alien
An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.
If you need the source. Here it is. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a097136d2035f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD

Wow. I just want to know how do you define "out-of-status"? .... Is it legal stay? I don't think so.
Let me provide you this information and let me know how you interpret it.
Deportable Alien
An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.
If you need the source. Here it is. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a097136d2035f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD

Here's my example to you. It is up to you how to interpret my statement. I will try to explain to you the typical filipina custom and tradition. Not sure it might be even applicable to other traditional females in other countries.
First off. Majority of Filipina that grows up in the Philippines are soft spoken. They speak English language well but they are still soft spoken. They are very "sensitive" and as a young age they are trained to serve the whole family (cooking, household chores, take care of young siblings) in preparation when she marries someone so she can serve him well. Now, they move to the USA and marry a USC. Feeling secured being married to a nice and loving guy, she will serve you well.
Now, here's what slowly destroy the loving relationship. (This is how I see it) We as mostly male USC, if we find something which is not right or if someone has done something wrong or done something incorrectly, we tell it to them what we think without any reservation. We get upset and yell and let go off our steam as we are told to do. We get mad and upset at that moment but then we let go afterwards and we forget about it.
The typical Filipina is very sensitive to those sudden outburst and sudden anger by the husband. She will cry and keep it (the pain) to herself without you knowing it (for years) and she will never forget it. Still, she will continue to serve the husband well and hoping she won't be treated with sudden anger and sudden outburts again. Typical Filipina does not want her husband talking bad things to her parents specially her mother. Filipino's that grow up in the Philippines who are raised properly does not and are not allowed to talk back at their parents. Filipina are not trained to talk back at their husband even though they are feeling hurt. They are trained not to say hurtful words to anyone because they don't want anybody saying hurtful words to them. Here in the US, sometimes us as husbands tend to say things the way they see it and does not care if it it hurts or not because we think it is better to say it and let go of what we feel inside and let the steam go off. These type of behavior over time builds up in their heart and it will overshadow her love for her husband.
She does not talk about her problem with any other people. She does not even tell her parents her problem with the husband. If she still loves her husband and if she can't take it anymore the verbal abuse, she will not file for divorce, but she will retreat to her parents for comfort and for protection because she does not feel the love and protection anymore from her husband. It is up to the husband to adjust and learn how to deal this kind of relationship with a typical filipina that grows up in a traditional way in the Philippines. If she does not have a parents anymore to go to for comfort and protection, she will try to learn and act the way the husband does and eventually will talk back to the husband. If the husband can't take his own medicine, either someone will get hurt and arrested or divorce is the outcome.
Now to the OP, your situation might be different. However, what I just wrote is typical of why a filipina goes back home and won't come back "just yet".
To the OP, I think she still loves you too because she did not file for divorce and make you pay child support as pay back of some sort. She knows that female in the USA has equal rights with men and she could have used the legal system but not yet because I think she is hoping for some miracle.
I know this for a fact because I know. Here in the USA, a husband can't just beat or slap her wife because he will go to jail. In the Philippines women who are middle class are constantly get beaten by their husband and the husband do not go to jail because NO ONE will report it and because woman does not have equal rights in the Philippines and the laws are not being enforced even there if there is such a thing as protection for women. If the woman in the Philippines is rich and get beat up by her husband then the husband goes to jail. However, reform is slowly being implemented in the Philippines.
Now, the best way to answer your question is to ask a filipina who grew up in the Philippines and speak the same dialect as your wife in traditional way and currently living here in the USA. Approach her in a neutral way and ask question why would a filipina go back home for no reason.

Here's my example to you. It is up to you how to interpret my statement. I will try to explain to you the typical filipina custom and tradition. Not sure it might be even applicable to other traditional females in other countries.
First off. Majority of Filipina that grows up in the Philippines are soft spoken. They speak English language well but they are still soft spoken. They are very "sensitive" and as a young age they are trained to serve the whole family (cooking, household chores, take care of young siblings) in preparation when she marries someone so she can serve him well. Now, they move to the USA and marry a USC. Feeling secured being married to a nice and loving guy, she will serve you well.
Now, here's what slowly destroy the loving relationship. (This is how I see it) We as mostly male USC, if we find something which is not right or if someone has done something wrong or done something incorrectly, we tell it to them what we think without any reservation. We get upset and yell and let go off our steam as we are told to do. We get mad and upset at that moment but then we let go afterwards and we forget about it.
The typical Filipina is very sensitive to those sudden outburst and sudden anger by the husband. She will cry and keep it (the pain) to herself without you knowing it (for years) and she will never forget it. Still, she will continue to serve the husband well and hoping she won't be treated with sudden anger and sudden outburts again. Typical Filipina does not want her husband talking bad things to her parents specially her mother. Filipino's that grow up in the Philippines who are raised properly does not and are not allowed to talk back at their parents. Filipina are not trained to talk back at their husband even though they are feeling hurt. They are trained not to say hurtful words to anyone because they don't want anybody saying hurtful words to them. Here in the US, sometimes us as husbands tend to say things the way they see it and does not care if it it hurts or not because we think it is better to say it and let go of what we feel inside and let the steam go off. These type of behavior over time builds up in their heart and it will overshadow her love for her husband.
She does not talk about her problem with any other people. She does not even tell her parents her problem with the husband. If she still loves her husband and if she can't take it anymore the verbal abuse, she will not file for divorce, but she will retreat to her parents for comfort and for protection because she does not feel the love and protection anymore from her husband. It is up to the husband to adjust and learn how to deal this kind of relationship with a typical filipina that grows up in a traditional way in the Philippines. If she does not have a parents anymore to go to for comfort and protection, she will try to learn and act the way the husband does and eventually will talk back to the husband. If the husband can't take his own medicine, either someone will get hurt and arrested or divorce is the outcome.
Now to the OP, your situation might be different. However, what I just wrote is typical of why a filipina goes back home and won't come back "just yet".
To the OP, I think she still loves you too because she did not file for divorce and make you pay child support as pay back of some sort. She knows that female in the USA has equal rights with men and she could have used the legal system but not yet because I think she is hoping for some miracle.
I know this for a fact because I know. Here in the USA, a husband can't just beat or slap her wife because he will go to jail. In the Philippines women who are middle class are constantly get beaten by their husband and the husband do not go to jail because NO ONE will report it and because woman does not have equal rights in the Philippines and the laws are not being enforced even there if there is such a thing as protection for women. If the woman in the Philippines is rich and get beat up by her husband then the husband goes to jail. However, reform is slowly being implemented in the Philippines.
Now, the best way to answer your question is to ask a filipina who grew up in the Philippines and speak the same dialect as your wife in traditional way and currently living here in the USA. Approach her in a neutral way and ask question why would a filipina go back home for no reason.

Put 00 on 21.© because you are already listed as 01 in 21.(a)
You are suppose to fill the 2nd and 3rd most recent Total Income. You are only required to show the most recent tax transcript only. The 2nd and 3rd tax transcript are optional but would be helpful.
Don't forget to include the recent W-2.

She would file I-601, Application for Waiver of Grounds of Inadmissibility and you need to save $585 for the filing fee. Since she is outside the United States, she must submit Form I-601 to the U.S. Embassy or consulate where she is applying for a visa.