I am a permanent US resident for 7 years. Married for 3 years. Married in the US, spouse is on overstayed visa. I-130 was approved at the end of 2015. I had a DUI and wanted to wait 5 years before filing for citizenship to be sure that I'd get it so I am not a citizen yet. Visa Bulletin number came up and we filed the I-485. We were told that we should not be worried because UCSIS does not enforce the law if your only immigration violation is overstaying your visa. I have been reading up on the subject after filing, got nervous and went to another attorney for consultation, who told us that it's basically 100% that our application will be denied as USCIS only forgiving overstaying for spouses of US citizens but not for spouses of permanent residents. The first attorney insist that all is good she had a few clients in the same situation and never had a problem at the interviews. I don't know who to believe or what to do... Was somebody in similar situation? What happened in the interview? Should I withdraw the application and not risk my spouse's interview until I'm a US citizen? Even if I would file for citizenship today, it would not be approved timely, before the 485 interview. ..
I-485 for permanent resident's overstayed spouse's is filed without waiver
in Waivers (I-601 and I-212) and Administrative Processes (221g)
Posted
I am a permanent US resident for 7 years. Married for 3 years. Married in the US, spouse is on overstayed visa. I-130 was approved at the end of 2015. I had a DUI and wanted to wait 5 years before filing for citizenship to be sure that I'd get it so I am not a citizen yet. Visa Bulletin number came up and we filed the I-485. We were told that we should not be worried because UCSIS does not enforce the law if your only immigration violation is overstaying your visa. I have been reading up on the subject after filing, got nervous and went to another attorney for consultation, who told us that it's basically 100% that our application will be denied as USCIS only forgiving overstaying for spouses of US citizens but not for spouses of permanent residents. The first attorney insist that all is good she had a few clients in the same situation and never had a problem at the interviews. I don't know who to believe or what to do... Was somebody in similar situation? What happened in the interview? Should I withdraw the application and not risk my spouse's interview until I'm a US citizen? Even if I would file for citizenship today, it would not be approved timely, before the 485 interview. ..