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Wedding planned at the end of November

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  • Wedding planned at the end of November

    Hi,

    I am new to this board. I am a USC and we plan to marry at the end of November. She has over extended her visa stay here in the U.S.. She's been here a little over 2 years now. What forms do we need to fill out so that she can become a permanent resident? How long does this process take? The reason I ask is becuase her Mom is really sick and she wants to visit her back home in South America but she knows if she goes back to her Country then she will not be able to return back to the U.S. to stay with me. It's a lose,lose situation for the both of us if something goes wrong with her Mom. I need advice. Thanks.

  • #2
    Hi,

    I am new to this board. I am a USC and we plan to marry at the end of November. She has over extended her visa stay here in the U.S.. She's been here a little over 2 years now. What forms do we need to fill out so that she can become a permanent resident? How long does this process take? The reason I ask is becuase her Mom is really sick and she wants to visit her back home in South America but she knows if she goes back to her Country then she will not be able to return back to the U.S. to stay with me. It's a lose,lose situation for the both of us if something goes wrong with her Mom. I need advice. Thanks.

    Comment


    • #3
      Congratulations on your upcoming nuptials. Forms, instructions, and processing times are all available on the Immigration WEB site, www.uscis.gov.

      You are right, in that you are getting into a loose, loose situation. Many people have been faced with the same situation, choosing between the 10 year bar or seeing their ailing loved one/ attending their funeral. It is not a choice I would want to make.

      The process will likely take longer than you expect, but you won't get any sympathy from Immigration or any assistance in speeding the process since she is an illegal alien.

      The Grand Poo-Bah
      Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

      Comment


      • #4
        Ameruvian:

        On what visa did your bride-to-be enter the U.S.?

        Okie Celt

        Comment


        • #5
          Okie Celt,

          She came in on a tourist visa. I have a question. Once she does become my bride can she apply for advanced parole? Does she fall into that category?

          Comment


          • #6
            ameruvian, my aos was the same situation. She came here on a tourist visa when we met. She filed two extensions of stay. We married two days after her extension expired so tecnicaly she was an overstay by two days. The same time you file your 130 and your 485 you can file for AP. You need to start documenting the marriage. Pictures, bills, statements, insurance...as much as possible. Your bride can also work while she awaits AOS with EAD which you should file with your entire package. You should get more familliar with BCIS website and prepare to wait. Where are you filing?

            Comment


            • #7
              Krysq,

              We'll be filing in New York. Does the EAD normally take 90 days in New York?

              Comment


              • #8
                Ameruvian,
                Is your girlfriend peruvian? I am just guessing because of your name and because you mention South America (I am peruvian). Well, I live in NY and this was my time frame:
                - April 16, got married
                - July 7, filed AOS and EAD at the NY office
                - September 18, Missouri Center receives my applications.
                - September 23, I receive Notice of Action in order to Schedule fingerprints and biometrics.
                - September 26, I schedule F & B.
                - November 6, they take my F & B.
                - November 8, my EAD is approved.
                - November 11, my Notice of Action is mailed.
                - November 17, I receive EAD on the mail.

                So, it took 4 and a half months. Good luck to you.

                Comment


                • #9
                  Cayita,

                  Thank you for the information. Yes, she is Peruvian and we live in NY. What exactly do you mean when you say biometrics? What is it that they are asking for?

                  Comment


                  • #10
                    After overstaying for more than 6 months do NOT apply for an AP, the bans will still apply.

                    http://uscis.gov/graphics/formsfee/forms/i-131.htm

                    Read the instructions on the form, second page on the right.

                    It's going to be a long road but there is nothing that can be done. You don't want her to get a 10 year ban either. Just file asap.

                    Comment


                    • #11
                      Marie,

                      Thank you for the information. I was under the impression that I could still be able to apply for advance parole for my future wife. Howevfer, after reading I see that she does not fall into that category because she has overstayed her visa stay by more than 2 years. Is there anything I can do to apply if there is a dire emergency such as death of parents? Please help. Thanks.

                      Comment


                      • #12
                        Ameruvian,

                        Biometrics is a special picture taken to foreigners by INS. It's something between a front pic and a side pic, showing your right ear. It will be placed in your Employment Authorization Document (EAD) and in your green card.

                        As for the Advance of Parole, if your fiance overstayed with her tourist visa, it is likely that they wont let her re-entry to the US. The Advance Parole doesnt guarantee you admission to the US, and I have heard that the 10-year ban still applies to those who overstayed (even if they are Adjusting their status).

                        Like you, I live in NY. I suggest you you file the AOS ASAP because we have the bussiest-slowest office in the whole US.

                        Comment


                        • #13
                          There isn't anything you can do for the AP. Even for people who haven't overstayed and travel on an AP, it's not a guaratee that they will get back in (not that it happens all the time) but if she overstayed, there really isn't much you can do. That's what the ap is for, for people to travel if an emergency occurs but there is no way for someone who overstays more than 6months

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