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Does my wife have to leave?

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  • #16
    I can't agree with someone12 more. I coudn't possible have less respect for people who completely disrespect the U.S. law and then some back and whine about the problems they encounter. Why didn't he get her in on fiancee visa? They went through a series of lies getting a tourist visa and now scream how victimzed they've been. You deserve soooo much more crapp than you've been facing because of all the lies that have been fed to immigration to get the visa your chic didn't deserve because there are so many people suffering and getting rejected even though they have a good cause just because of liars like yourself!


    • #17
      Poor Puzzled and Summers12 must have had some very serious visa problems (they obviously have serious issues). Let's all shed a tear for those poor guys. They are probably either people who have had visa problems in the past, or a couple of guys who surf discussion boards all day long because they have nothing better to do. But thanks anyway guys for your comments, they are great.

      I know I've done more than my share of "Why us?" and "Poor us?" Again, this really started as a statement of our situation and a quest for answers. After talking with a couple of attorneys, who know a whole lot more of our situation than the very brief descritptions I have chosen to discuss on this web-site, I see that there is a hope. There is one thing that was mentioned to me after talking with the attorneys that maybe someone out there has the answer to.

      My wife entered the country legally and she was illegal when we filed the I-130, but in filing the I-130 will that put her into protected status? Also, if we begin the 485, will that also put her into protected status? If we begin the 485 and they reject it, will she be in trouble for having overstayed her visa, or will the protective status given under the procesing of the 485 make her "overstay" null and void? Also, if they refect the 485, can we make another attempt? Thanks again for the comments.


      • #18
        I don't know the answer to your questions about her "protected status" but I wonder why you didn't ask the attorneys you spoke with? As far as Someone12's remarks, he/she has provided valuable advice on this board more than once. We just don't always like what we hear. When you are a person who is going through the immigration process, doing everything totally by the rules and you see people circumvent those same rules, for whatever reason, it is very frustrating. Do you have any idea how much time people spend (and money) to be sure they do everything RIGHT?? Do you have any idea of the separations, pain and heartache that people go through while waiting out the "process"? It is sometimes possible to find shortcuts that may or not be risky but a lot of people feel that they should do the "right" thing. So your wife had a tourist visa that she had gotten a few years ago. You and she both insist that you did not know there were certain laws concerning bringing in a fiancee or spouse and she insists that she didn't know the true intent of the "tourist" visa? Just because she happened to not be asked certain questions at POE doesn't mean ya'll didn't know what you were doing. A lot of posters on these immi boards don't have a lot of patience when it comes to issues like this. If ya'll had gotten married, she had gone back to home country to wait on k-3 visa or you had stayed there a few months and ya'll had gone the dcf route (if still available there) then you wouldn't have these worries and it would have all been done legally. As it is you need to be very very careful and may still end up with problems adjusting status and even later on in her immigration journey. I wish you luck but I also hope that you see why some people may be anything but gracious about what you've done and how you've done it. Read a few stories on here and it will become more clear.


        • #19
          It never cease to amaze me to see how people who knows they're doing a wrong thing, yet either blaming someone/something else or keep coming up with excuses to cover for their ineptitude.

          anyway, this is what will probably happen:
          File I-130 & I-485, comes to interview, interviewer found out wife not only abuse her B visa but overstay as well. Interviewer will reject the I-485, you file appeal. Appeal goes to IJ. IJ sees the same thing interviewer saw and reject the appeal. Wife enter deportation proceeding and start accumulating time toward 3/10yr ban. File the I-601, wive has to exit the country, ban might or might not took into effect, and then return to US if everything goes well.


          • #20
            thanks for defending puzzled and someone12, however, I do not think being frustrated with one's own process is a valid reason to be rude and prejudge someone that is just coming to this board for some advice. US-immigration laws are confusing and it is easy to misinterpret them or not to be accurately informed.
            not even most americans know anything about immigration, I can't count how many times I had people assume that I would now automatically be a USC just because I got married to one.
            I also almost got in trouble after I got married (I met my husband during my last three years here on an F-1 visa) because we thought that it was ok for us to get married here and then fly to my home-country for a second weddin-reception with my family. even though I was well versed with some aspects of immigration, I assumed that it was ok to come back on my still valid visa.
            luckily I came across this board.
            so while I am thankful for all the information I was able to find here and the opportunity to now advise others looking for answers I cannot condone the tone that some older members use towards the newer ones. Immigration can be frustrating, I know that. Immigration is the reason that my relationship with a guy prior to meeting my husband fell apart (I had to leave the country due to change of status from Q-1 to another visa not being granted several years ago)
            not being able to be together for month and month can be very hard.
            but remember what the purpose of this board really is, a place where valueable informnation can be found. thanks to the many members that contribute and give answers to the same questions over and over again. to prevent many people from making mistakes simply because they didn't know
            of course they are always the ones who purposely break the law, but unless we know that for certain, I think it is our duty to give everyone the benefit of the doubt.
            so God bless all of these faithful contributors to this forum and may you have all the patience in the world to deal with the ones who just don't know


            • #21
              First of all thank you "silviamka" for you comments. thank you also "marmaduk" for your input. also thank you "still learning" for helping me to better understand where "someone12" and "puzzled" were coming from.

              the reasons i did not ask the attorneys my previous questions is because i did not think of them until after the discussions.

              okay, here is another question, if we send her back to Colombia, and file for a K-3 visa, will the fact that she overstayed her visa by 2 months have any effect on whether they give her the marriage visa? will the fact that we married to early when she arrived on her tourist visa have any effect? according to the attorneys i talked to, the best way to remedy this is to push on and attempt to adjust status here in the States. is it better just to keep her here in the coutry and ride things out? in spite of the fact that we totaly messed up, we are where we are, so what is the best thing to do to fix this situation?

              again, i am totally confused and, in case you have not noticed by now, i am totally ignorant on immigration law. but i am learning. thanks again for the comments.


              • #22

                Did you ever watch "Let's Make A Deal?" as a kid? You are in the same situation.

                There is nothing wrong with entering the country as a tourist and marrying an American and then leaving before the 90 days are up. If she stays past the 90 days then she starts to accrue unlawful presence. As long as the overstay is less than 180 days, she won't face the 3-yr bar.

                If you file the K3 and follow the legal routes, there is no reason why she should be denied (if there is no previous criminal background, no previous problems with USCIS, etc).

                Or, you could do as some of your attorneys are suggesting and push through with the AOS. The AOS route has no guarantees and it may end up a worse situation if she is denied AOS.

                In my mind, you have the guaranteed prize in your hand. Why risk it for Door #2 if you don't have to? Sure, Door #2 may have a better prize behind it (i.e. the AOS would be faster than the K3 and you could stay together). But, if Door #2 has a ****y prize behind it (i.e. you are denied AOS) then you will have lost the gamble. Up to you my friend. Good luck with your decision.


                • #23
                  Why don't you try finding out if you can do Direct Consular Filing (DCF) in Colombia? It may be the fastest way. I know that in my country they are taking approx 2 months for the entire DCF process. If she leaves before the 180 days ara up, she should have no problem getting her CR-1 in Colombia.
                  Just a piece of advice, be careful wtih believeing blindly on your attorney. Do a lot of research on your own, and always be one step ahead. I ended up having to file an I-601 and away from my husband for almost 2 years, just because I followed what I was told at my attorneys office.
                  Another thing, with USCIS you can always hope for things to go your way, but you should always be prepared for the worst case scenario.
                  You still have time to make things right and avoid any future problems. I understand that you do not want to be away from your wife, but a few months of separation may save you from a lot of potential problems.
                  At this point you just have to weight the pros abd conds of being apart for a few months now or hope that your can go thru the I-485 process smoothly (which you may, but it may be a gamble).
                  Good luck.


                  • #24
                    The Consulate in Bogota stopped accepting nonresident DCF back in 2003. They will make exceptions for emergent situations. Based on past experience, this would not qualify.

                    Intentional or not, this situation has all of the key points of fraudulent entry. AOS may not be the best. IV would be much more likely to go through without many problems. However, once an alien leaves the US, there is never a guarantee of return. At least USCIS has sped-up the I-130 process so it won't take as long as it had in the past.


                    • #25
                      I am not a lawyer and none of this should be miscommunicated as legal advice. I just wanted to let you know that you have hope (though you are taking a gamble) with processsing AOS in the U.S. I have been quietly monitering and reading this string as it has gone along. I had a situation very similar to yours. My wife entered on a B-1 with a VERY SHORT conditional stay. She overstayed her visa, and we were married within 30 days of her entry. Our interview was in California, my wife is Canadian and not too long ago - they approved her conditional permanent residency status and the green card is on the way. There is a chance, that your issue may not even come up at all during the interview. I would suggest though that you have a lawyer on hand with you and you will be much better off.

                      In addition, I would like to add to all those so-called Patriotic nay-sayers on this website who have done nothing but try to discourage this poor guy. I had read earlier that this would not fly in Japan or Germany or Israel - you know why? Because this is not Japan, Germany or Israel. It is the USA and the greatest thing about the USA is that people can come here freely and certain rights should be granted to U.S. Citizens who marry foreigners. The whole process should be a lot less painful and normal people need to stop getting treated like dirt while the really dangerous ones get off the hook. I hope that this information is helpful to you and your wife whichever route you choose to take.


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