Help Needed
Aug 27th 2003, 6:32 pm
#1
Guest
Posts: n/a
Help Needed
Hi All....
Hope you can help !
am from Wales, UK and came out here to Indiana on Oct 4th 2002 on a I94
I married
on November 9th 2002 to a US citizen
Just now had the medical in May and everything went well if a little
expensive!!
lol
Due to my wife having surgery between the time we married and now. She wasnt
able to work.
Then she started working and got laid off for a bit.
Im just worried about the 180 day thing.
We were under the impression that we had to file the paper work within 180
days of the i 94 being up or would we be denied, is this true ??
Due to financial situations, (wife getting laid off, ill health, 2
miscarriages) the
make it a while after the 180 days.
We know that this isnt a good thing but will it totally ruin our chances ??
Can they refuse it on the grounds of it being late ? Or will they still
review the application as is ?
Any help or advice on any of these or any matters that you think may help
would be more than greatly appreciated.
Thanks
Hope you can help !
am from Wales, UK and came out here to Indiana on Oct 4th 2002 on a I94
I married
on November 9th 2002 to a US citizen
Just now had the medical in May and everything went well if a little
expensive!!
lol
Due to my wife having surgery between the time we married and now. She wasnt
able to work.
Then she started working and got laid off for a bit.
Im just worried about the 180 day thing.
We were under the impression that we had to file the paper work within 180
days of the i 94 being up or would we be denied, is this true ??
Due to financial situations, (wife getting laid off, ill health, 2
miscarriages) the
make it a while after the 180 days.
We know that this isnt a good thing but will it totally ruin our chances ??
Can they refuse it on the grounds of it being late ? Or will they still
review the application as is ?
Any help or advice on any of these or any matters that you think may help
would be more than greatly appreciated.
Thanks
Aug 28th 2003, 9:36 pm
#2
Guest
Posts: n/a
Re: Help Needed
"Mr_Mysterious" <[email protected]> wrote in message
news:YO63b.275149$o%2.125557@sccrnsc02...
> am from Wales, UK and came out here to Indiana on Oct 4th 2002 on a I94
> I married on November 9th 2002 to a US citizen
> Just now had the medical in May and everything went well if a little
> expensive!!
> lol
> Due to my wife having surgery between the time we married and now. She
wasnt
> able to work.
> Then she started working and got laid off for a bit.
> Im just worried about the 180 day thing.
> We were under the impression that we had to file the paper work within 180
> days of the i 94 being up or would we be denied, is this true ??
No. If you do not file the paperwork (Forms I-130/I-485) at the BCIS
district office for your residence within 180 days, *and* you leave the
U.S., then you can't get back into the U.S. for 3 years (unless you get the
waiver). That's called the 3-year bar.
However, if you *don't* leave the U.S., your overstaying 100 days is about
the same as overstaying 200 days or 1000 days, except that long overstay
exposes you all the more to being picked up by BCIS and deported (which
could happen today).
> Due to financial situations, (wife getting laid off, ill health, 2
> miscarriages) the make it a while after the 180 days.
> We know that this isnt a good thing but will it totally ruin our chances
??
No. Because the I-130 is based on marriage to a U.S. citizen, the I-485
applicant gets a special exception to the requirement that the applicant
have maintained continuous valid nonimmigrant status since entry to the U.S.
> Can they refuse it on the grounds of it being late ? Or will they still
> review the application as is ?
They will accept the application (assuming it is prepared adequately).
news:YO63b.275149$o%2.125557@sccrnsc02...
> am from Wales, UK and came out here to Indiana on Oct 4th 2002 on a I94
> I married on November 9th 2002 to a US citizen
> Just now had the medical in May and everything went well if a little
> expensive!!
> lol
> Due to my wife having surgery between the time we married and now. She
wasnt
> able to work.
> Then she started working and got laid off for a bit.
> Im just worried about the 180 day thing.
> We were under the impression that we had to file the paper work within 180
> days of the i 94 being up or would we be denied, is this true ??
No. If you do not file the paperwork (Forms I-130/I-485) at the BCIS
district office for your residence within 180 days, *and* you leave the
U.S., then you can't get back into the U.S. for 3 years (unless you get the
waiver). That's called the 3-year bar.
However, if you *don't* leave the U.S., your overstaying 100 days is about
the same as overstaying 200 days or 1000 days, except that long overstay
exposes you all the more to being picked up by BCIS and deported (which
could happen today).
> Due to financial situations, (wife getting laid off, ill health, 2
> miscarriages) the make it a while after the 180 days.
> We know that this isnt a good thing but will it totally ruin our chances
??
No. Because the I-130 is based on marriage to a U.S. citizen, the I-485
applicant gets a special exception to the requirement that the applicant
have maintained continuous valid nonimmigrant status since entry to the U.S.
> Can they refuse it on the grounds of it being late ? Or will they still
> review the application as is ?
They will accept the application (assuming it is prepared adequately).
