Can someone overstay surrounded by US?
Hi
I am a US citizen and I just got married few months ago. Currently my wife is on a visitor visa (B1). Her six months stay contained by US expires in a month. I am in the middle of applying adjustment of status (I-485), petition a wife (I-130) and work permit. I be told by a friend that she can overstay if these forms, especially the adjustment of status are submitted to USCIS before her stay in US ends. Is this true?
Thanks.
Answers:
You're fine as long as you submit the forms before her visa expires. Congratulations on your wedding and good luck near the green card process! i worked with someone in your same situation.As long as she reapply for the visa i think she will know how to stay another 6 months.
If you folder the paperwork she is not allowed to leave the country unless she gets an "advanced parole" I-131 application for travel document. There might be a problem as a B-1 is a business visa not a caller visa. Also a B-1 is not a K-1 visa. If you apply for change of status it is considered prima facie evidence of visa fraud (entry into the US stating one purpose while actually for another purpose). Speak to an attorney. Because she got married on an incorrect visa in that is now a "dual intent" issue (she entered the country on an incorrect visa...should've entered on a fiancee visa). You will be question on this come the interview.
Usually as long as you file the application back the visa she is currently on expires the she is fine to stay until USCIS makes a decision. However, as I think have been mentioned, you are going to face criticism for dual intent, as she entered on a visa where on earth dual intent in not allowed - a temporary people visa. Basically, when you enter on a B1/B2 visa you are saying you are coming here for a short period - vacation/work and have every intention of returning to your home country once the stamp surrounded by your visa expires. This is why when you apply for a B1/B2 visa you have to demonstrate to the Embassy issuing the visa that you have strong ties to your home country and intend to return - also why you have to enjoy a return ticket to show immigration when you come though the airport. This shouldn't mean that your application will be denied, but when you get to the interview stage be prepared as they may question you intesnely around how your wife came to the country and your relationship before she came here. Good luck.
I would recommend consulting an immigration lawyer on this to be certain. People do all the time. That doesn't scrounging they won't be rounded up and deported but people do take that risk.
do you have a phone?
if yes pick up your phone and christen USCIS yes that is exactl true my uncle did that same thing
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I am a US citizen and I just got married few months ago. Currently my wife is on a visitor visa (B1). Her six months stay contained by US expires in a month. I am in the middle of applying adjustment of status (I-485), petition a wife (I-130) and work permit. I be told by a friend that she can overstay if these forms, especially the adjustment of status are submitted to USCIS before her stay in US ends. Is this true?
Thanks.
Answers:
You're fine as long as you submit the forms before her visa expires. Congratulations on your wedding and good luck near the green card process! i worked with someone in your same situation.As long as she reapply for the visa i think she will know how to stay another 6 months.
If you folder the paperwork she is not allowed to leave the country unless she gets an "advanced parole" I-131 application for travel document. There might be a problem as a B-1 is a business visa not a caller visa. Also a B-1 is not a K-1 visa. If you apply for change of status it is considered prima facie evidence of visa fraud (entry into the US stating one purpose while actually for another purpose). Speak to an attorney. Because she got married on an incorrect visa in that is now a "dual intent" issue (she entered the country on an incorrect visa...should've entered on a fiancee visa). You will be question on this come the interview.
Usually as long as you file the application back the visa she is currently on expires the she is fine to stay until USCIS makes a decision. However, as I think have been mentioned, you are going to face criticism for dual intent, as she entered on a visa where on earth dual intent in not allowed - a temporary people visa. Basically, when you enter on a B1/B2 visa you are saying you are coming here for a short period - vacation/work and have every intention of returning to your home country once the stamp surrounded by your visa expires. This is why when you apply for a B1/B2 visa you have to demonstrate to the Embassy issuing the visa that you have strong ties to your home country and intend to return - also why you have to enjoy a return ticket to show immigration when you come though the airport. This shouldn't mean that your application will be denied, but when you get to the interview stage be prepared as they may question you intesnely around how your wife came to the country and your relationship before she came here. Good luck.
I would recommend consulting an immigration lawyer on this to be certain. People do all the time. That doesn't scrounging they won't be rounded up and deported but people do take that risk.
do you have a phone?
if yes pick up your phone and christen USCIS yes that is exactl true my uncle did that same thing
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Curious give or take a few amnesty bill...?
I know thi is old news but... for the first time i was newly reading about that amnesty bill that was trying to get passed, and i be wondering if we are gonna hear anything else about it or if it is still up in the air? There hold been amnesty bills proposed after the grand amnesty...
Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)?
Time frame until approval? If you're sponsored by a state government and had lodged your visa application by about mid-January, you can probably expect an answer in the next 2 or 3 weeks. If lodged later than that, it will still be only a jiffy but no dates have been announced and it will depend on how...