Hey I'm Happily Married But can someone answer this very simple question.
Feb 19th 2003, 8:42 pm
#1
Just Joined
Thread Starter
Joined: Aug 2002
Posts: 18
Hey I'm Happily Married But can someone answer this very simple question.
I finally got married last month. However, my wife has been out of status since November of 2001. (approximately a year and some months).
That's my story. And honestly, I'm happy yet I'm worried, since she's out of status and although I've applied to petition her.
Are there any chances that she'll be denied to get an approval from the INS especially she's under out of status right now meaning she's staying in the U.S. illegaly.
I've known her for years married her in good faith.
Can someone send messages of comfort, cause honestly, funny as it may sound, I'm afraid of her not getting the approval.
Should I be worried?
That's my story. And honestly, I'm happy yet I'm worried, since she's out of status and although I've applied to petition her.
Are there any chances that she'll be denied to get an approval from the INS especially she's under out of status right now meaning she's staying in the U.S. illegaly.
I've known her for years married her in good faith.
Can someone send messages of comfort, cause honestly, funny as it may sound, I'm afraid of her not getting the approval.
Should I be worried?
Feb 19th 2003, 9:23 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Hey I'm Happily Married But can someone answer this very simple question.
Originally posted by patrickloyd
I finally got married last month. However, my wife has been out of status since November of 2001. (approximately a year and some months).
That's my story. And honestly, I'm happy yet I'm worried, since she's out of status and although I've applied to petition her.
Are there any chances that she'll be denied to get an approval from the INS especially she's under out of status right now meaning she's staying in the U.S. illegaly.
I've known her for years married her in good faith.
Can someone send messages of comfort, cause honestly, funny as it may sound, I'm afraid of her not getting the approval.
Should I be worried?
I finally got married last month. However, my wife has been out of status since November of 2001. (approximately a year and some months).
That's my story. And honestly, I'm happy yet I'm worried, since she's out of status and although I've applied to petition her.
Are there any chances that she'll be denied to get an approval from the INS especially she's under out of status right now meaning she's staying in the U.S. illegaly.
I've known her for years married her in good faith.
Can someone send messages of comfort, cause honestly, funny as it may sound, I'm afraid of her not getting the approval.
Should I be worried?
What simple question? I don't see a simple question here. Really, I don't.
Let me ask a simple question: HOW did your wife enter the United States?
Let me ask a second simple question: what did you and wife file?
The answers might simplify things.
Feb 19th 2003, 10:32 pm
#3
Guest
Posts: n/a
Since you say she has been out of status for a year or so, I assume she had a visa or visa waiver status to begin with. If so, you really shouldn't have any problem with the AOS. I have read many accounts of people with longer overstays of visas who had no problem with their applications.
Folinskyla is probably considering the possiblity your spouse entered the US without inspection (ie, had no VW or visa) which is another situation entirely.
Shannon
Folinskyla is probably considering the possiblity your spouse entered the US without inspection (ie, had no VW or visa) which is another situation entirely.
Shannon
Feb 19th 2003, 10:38 pm
#4
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Hey I'm Happily Married But can someone answer this very simple question.
Your wife became in status again when you and she filed for her adjustment of status. That means you filed the I-130 and she filed the I-485. Is it correct to assume that she entered with a legitimate visa or under the visa waiver program and that she was "examined/inspected" at the POE and that she did not enter the US with the intent to stay and marry and in so doing commit fraud upon inspection by answering any questions untruthfully? I ask you this because you said you have known her for years and perhaps you were the reason she entered the US originally and with the purpose to remain with you until you were perhaps free to marry her? That is only conjecture on my part so don't be offended.
INS usually "forgives" overstays for spouses of US Citizens if no fraud was committed at the POE. And under no circumstances should she leave the US, even with advance parole, until she has her green card.
Rete
INS usually "forgives" overstays for spouses of US Citizens if no fraud was committed at the POE. And under no circumstances should she leave the US, even with advance parole, until she has her green card.
Rete
Originally posted by patrickloyd
I finally got married last month. However, my wife has been out of status since November of 2001. (approximately a year and some months).
That's my story. And honestly, I'm happy yet I'm worried, since she's out of status and although I've applied to petition her.
Are there any chances that she'll be denied to get an approval from the INS especially she's under out of status right now meaning she's staying in the U.S. illegaly.
I've known her for years married her in good faith.
Can someone send messages of comfort, cause honestly, funny as it may sound, I'm afraid of her not getting the approval.
Should I be worried?
I finally got married last month. However, my wife has been out of status since November of 2001. (approximately a year and some months).
That's my story. And honestly, I'm happy yet I'm worried, since she's out of status and although I've applied to petition her.
Are there any chances that she'll be denied to get an approval from the INS especially she's under out of status right now meaning she's staying in the U.S. illegaly.
I've known her for years married her in good faith.
Can someone send messages of comfort, cause honestly, funny as it may sound, I'm afraid of her not getting the approval.
Should I be worried?
Feb 19th 2003, 10:43 pm
#5
Guest
Posts: n/a
Re: Hey I'm Happily Married But can someone answer this very
On 19/2/03 6:38 PM, in article [email protected], "Rete"
wrote:
>
> Your wife became in status again when you and she filed for her
> adjustment of status.
That is wrong. Since she was out of status in excess of 180 days she is
inadmissable (actually for 10 years due to exceeding 365 days). You need to
concurrently file an I-601 waiver ASAP. It can be done pro se, but I would
advise you to secure counsel as it is a legal standard that must be met to
get the waiver.
> That means you filed the I-130 and she filed the
> I-485. Is it correct to assume that she entered with a legitimate visa
> or under the visa waiver program and that she was "examined/inspected"
> at the POE and that she did not enter the US with the intent to stay and
> marry and in so doing commit fraud upon inspection by answering any
> questions untruthfully? I ask you this because you said you have known
> her for years and perhaps you were the reason she entered the US
> originally and with the purpose to remain with you until you were
> perhaps free to marry her? That is only conjecture on my part so don't
> be offended.
>
> INS usually "forgives" overstays for spouses of US Citizens if no fraud
> was committed at the POE. And under no circumstances should she leave
> the US, even with advance parole, until she has her green card.
>
> Rete
>
> Originally posted by patrickloyd
>> I finally got married last month. However, my wife has been out of
>> status since November of 2001. (approximately a year and some months).
>>
>> That's my story. And honestly, I'm happy yet I'm worried, since she's
>> out of status and although I've applied to petition her.
>>
>> Are there any chances that she'll be denied to get an approval from
>> the INS especially she's under out of status right now meaning she's
>> staying in the U.S. illegaly.
Yes, but you might be able to get a waiver. Take it seriously!
>> I've known her for years married her in good faith.
>> Can someone send messages of comfort, cause honestly, funny as it may
>> sound, I'm afraid of her not getting the approval.
> Should I be worried?
>
> --
> Posted via http://britishexpats.com
>
wrote:
>
> Your wife became in status again when you and she filed for her
> adjustment of status.
That is wrong. Since she was out of status in excess of 180 days she is
inadmissable (actually for 10 years due to exceeding 365 days). You need to
concurrently file an I-601 waiver ASAP. It can be done pro se, but I would
advise you to secure counsel as it is a legal standard that must be met to
get the waiver.
> That means you filed the I-130 and she filed the
> I-485. Is it correct to assume that she entered with a legitimate visa
> or under the visa waiver program and that she was "examined/inspected"
> at the POE and that she did not enter the US with the intent to stay and
> marry and in so doing commit fraud upon inspection by answering any
> questions untruthfully? I ask you this because you said you have known
> her for years and perhaps you were the reason she entered the US
> originally and with the purpose to remain with you until you were
> perhaps free to marry her? That is only conjecture on my part so don't
> be offended.
>
> INS usually "forgives" overstays for spouses of US Citizens if no fraud
> was committed at the POE. And under no circumstances should she leave
> the US, even with advance parole, until she has her green card.
>
> Rete
>
> Originally posted by patrickloyd
>> I finally got married last month. However, my wife has been out of
>> status since November of 2001. (approximately a year and some months).
>>
>> That's my story. And honestly, I'm happy yet I'm worried, since she's
>> out of status and although I've applied to petition her.
>>
>> Are there any chances that she'll be denied to get an approval from
>> the INS especially she's under out of status right now meaning she's
>> staying in the U.S. illegaly.
Yes, but you might be able to get a waiver. Take it seriously!
>> I've known her for years married her in good faith.
>> Can someone send messages of comfort, cause honestly, funny as it may
>> sound, I'm afraid of her not getting the approval.
> Should I be worried?
>
> --
> Posted via http://britishexpats.com
>
Feb 19th 2003, 11:31 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Hey I'm Happily Married But can someone answer this very
[i]
That is wrong. Since she was out of status in excess of 180 days she is
inadmissable (actually for 10 years due to exceeding 365 days). You need to
concurrently file an I-601 waiver ASAP. It can be done pro se, but I would
advise you to secure counsel as it is a legal standard that must be met to
get the waiver.
That is wrong. Since she was out of status in excess of 180 days she is
inadmissable (actually for 10 years due to exceeding 365 days). You need to
concurrently file an I-601 waiver ASAP. It can be done pro se, but I would
advise you to secure counsel as it is a legal standard that must be met to
get the waiver.
Don't be so quick on your interpretation of section 212(a)(9). It is possible to be out of status for more than 180 days without starting the 180 day clock ticking. And then the bar kicks in when the alien DEPARTS the US.
My questions were designed to elicit the relevant information.
Feb 19th 2003, 11:33 pm
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Originally posted by Shannon
Since you say she has been out of status for a year or so, I assume she had a visa or visa waiver status to begin with. If so, you really shouldn't have any problem with the AOS. I have read many accounts of people with longer overstays of visas who had no problem with their applications.
Folinskyla is probably considering the possiblity your spouse entered the US without inspection (ie, had no VW or visa) which is another situation entirely.
Shannon
Since you say she has been out of status for a year or so, I assume she had a visa or visa waiver status to begin with. If so, you really shouldn't have any problem with the AOS. I have read many accounts of people with longer overstays of visas who had no problem with their applications.
Folinskyla is probably considering the possiblity your spouse entered the US without inspection (ie, had no VW or visa) which is another situation entirely.
Shannon
"EWI" was only ONE of the things I was considering. There are other factors which might indicate that the 180 clock never started running.
Do note that there is one quite big class of aliens who enter quite legally without a "VW" and without a visa and to whom the 180 clock will generally NOT start running.
Feb 20th 2003, 1:27 am
#8
Guest
Posts: n/a
Re: Hey I'm Happily Married But can someone answer this very simple question.
"Folinskyinla" wrote in message
news:[email protected]...
> Do note that there is one quite big class of aliens who enter quite
> legally without a "VW" and without a visa and to whom the 180 clock will
> generally NOT start running.
Why be so mysterious? Just tell everyone that Canadians who enter w/o a
visa but were inspected, as well as students who receive "Duration of
Status" (D/S) on their I-94, and people under 18, do not accumulate unlawful
presence, unless/until found to be in violation of status by the INS or an
IJ.
Paulgani
news:[email protected]...
> Do note that there is one quite big class of aliens who enter quite
> legally without a "VW" and without a visa and to whom the 180 clock will
> generally NOT start running.
Why be so mysterious? Just tell everyone that Canadians who enter w/o a
visa but were inspected, as well as students who receive "Duration of
Status" (D/S) on their I-94, and people under 18, do not accumulate unlawful
presence, unless/until found to be in violation of status by the INS or an
IJ.
Paulgani
Feb 20th 2003, 2:46 am
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Hey I'm Happily Married But can someone answer this very simple question.
Originally posted by Paulgani
"Folinskyinla" wrote in message
news:[email protected]...
> Do note that there is one quite big class of aliens who enter quite
> legally without a "VW" and without a visa and to whom the 180 clock will
> generally NOT start running.
Why be so mysterious? Just tell everyone that Canadians who enter w/o a
visa but were inspected, as well as students who receive "Duration of
Status" (D/S) on their I-94, and people under 18, do not accumulate unlawful
presence, unless/until found to be in violation of status by the INS or an
IJ.
Paulgani
"Folinskyinla" wrote in message
news:[email protected]...
> Do note that there is one quite big class of aliens who enter quite
> legally without a "VW" and without a visa and to whom the 180 clock will
> generally NOT start running.
Why be so mysterious? Just tell everyone that Canadians who enter w/o a
visa but were inspected, as well as students who receive "Duration of
Status" (D/S) on their I-94, and people under 18, do not accumulate unlawful
presence, unless/until found to be in violation of status by the INS or an
IJ.
Paulgani
Now that the 9th Circuit Court of Appeals has compared the administration the immigration laws to the game of "TEGWAR" from "Bang The Drum Slowly", I can be a mysterious as I like.
