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Results 1 to 4 of 4

Thread: My Wife's Expired Visa

  1. #1
    Guest
    I'm hoping someone here can give me some advice on what to do since this seems like a knowledgeable place, so I'll just jump right into it...

    After corresponding with an Indonesian girl for 4 months, I visited her in her home country in March 2002 and we got along exceptionally well. She obtained her Visa to the US in May of 2002 and travelled here in late June of 2002 (I might add here that she paid her own fare when coming here).

    Since we got along so well, we decided to marry in August of 2002 at the local county clerks office; at that time we knew we had to begin all of her immigration paperwork and went so far as to go to the local INS department several times (I don't think I need to tell you how excuciatingly slow an experience that can be!). Due to work, it was hard to get away to stand in that line for hours on end with no guarantee we'd even make it in before the office closed.

    Since my wife is Catholic, she wanted to have a 'real' wedding in a church which we scheduled for May of this year and we both had been quite busy with our plans since it was one of those do-everything-ourselves kind of weddings and much less inexpensive.

    Due to our wedding plans and my work schedule, my wife's Visa expired on May 23 without us ever getting started on all her paperwork. I realize the fault is entirely ours in this matter and I'm not here to justify our procrastination.

    But I would like to know what is my best course now that we are married even though her Visa is expired. I have made appointments with a few local immigration lawyers, but to be honest with you, they all seem like shysters to us and we are reluctant to hand over a large portion of money if all they will be doing is essentially submitting paperwork for us. Should we contract a lawyer in this case? Would we be better off trying to do this ourselves? Is my wife in immediate danger of deportation?

    I should note here that we have not tried to defraud the government or flagrantly violate any laws, we are merely the victims of our own unfortunate ignorance and procrastination.

    Some further items of note: I am a US Citizen and employed; my wife is educated with a degree in physics from a University in Jakarta; we have no children; my wife has not been employed since she's been here; and my parents (and friends) thinks she's great! (She is, too).

    I would appreciate any advice, pointers, or recommendations you might have regarding our situation.

    Thanks!

    M

  2. #2
    Guest
    I'm hoping someone here can give me some advice on what to do since this seems like a knowledgeable place, so I'll just jump right into it...

    After corresponding with an Indonesian girl for 4 months, I visited her in her home country in March 2002 and we got along exceptionally well. She obtained her Visa to the US in May of 2002 and travelled here in late June of 2002 (I might add here that she paid her own fare when coming here).

    Since we got along so well, we decided to marry in August of 2002 at the local county clerks office; at that time we knew we had to begin all of her immigration paperwork and went so far as to go to the local INS department several times (I don't think I need to tell you how excuciatingly slow an experience that can be!). Due to work, it was hard to get away to stand in that line for hours on end with no guarantee we'd even make it in before the office closed.

    Since my wife is Catholic, she wanted to have a 'real' wedding in a church which we scheduled for May of this year and we both had been quite busy with our plans since it was one of those do-everything-ourselves kind of weddings and much less inexpensive.

    Due to our wedding plans and my work schedule, my wife's Visa expired on May 23 without us ever getting started on all her paperwork. I realize the fault is entirely ours in this matter and I'm not here to justify our procrastination.

    But I would like to know what is my best course now that we are married even though her Visa is expired. I have made appointments with a few local immigration lawyers, but to be honest with you, they all seem like shysters to us and we are reluctant to hand over a large portion of money if all they will be doing is essentially submitting paperwork for us. Should we contract a lawyer in this case? Would we be better off trying to do this ourselves? Is my wife in immediate danger of deportation?

    I should note here that we have not tried to defraud the government or flagrantly violate any laws, we are merely the victims of our own unfortunate ignorance and procrastination.

    Some further items of note: I am a US Citizen and employed; my wife is educated with a degree in physics from a University in Jakarta; we have no children; my wife has not been employed since she's been here; and my parents (and friends) thinks she's great! (She is, too).

    I would appreciate any advice, pointers, or recommendations you might have regarding our situation.

    Thanks!

    M

  3. #3
    Guest
    AS you stated above you married within 90 days of her arrival, you will have problem for her adjustment 90- days Law apply toward the vistor visa.
    of course immigration Lawyers will only file the paperwork but to file the package is the technique you should know if you want to file yourself.
    if the peoblem within 90 days of her arrival( INS thinks that alien who enter as visitor and marry within 90 days ,he is not entering for visit but to get marry and stay, he/she should get K/V type visa not B1/b2, and its misrep of paper) will be eliminated , rest of part is just fine.
    I think she should go back before her visa expires and you should file for I-130 and when its approve she should come on Immigration visa.
    IF not then she will be over stayed and apply , then waiver for mis rep etc A big headache.. choice is yours.
    Talk to an attorney who is in family bases immigration practice.

  4. #4
    Guest
    Yes, if you find yourself needing a misrepresentation waiver, it will be difficult, but not impossible. The key point here is that she entered legally. Thus, you can file for her adjustment. If the INS/BCIS later decides she needs a waiver, then you can apply for one. However, they often untilize their discretion in this sitatuion and waive the misrepresentation sua sponte.

    Thus, although a potential waiver could be troublesome, you should still apply for the adjustment of status. Or she can return to her country and you can pursue the route that my colleague has suggested. Both are very plausible routes.

    info@myronmorales.com

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