On Sep 15, 4:13=A0am, "Joe Feise (Immigration)"
wrote:
> nep...@... wrote on 09/14/08 16:55:
>
> > So the question is: She has 90 days on a Visa Waiver. She then has 180
> > days before a re-entry ban occurs. It doesn't look likely her
> > paperwork will be approved before then (and if it is it will be *very*
> > close.)
>
> With a pending I-485, she would be legal past the I-94W expiration date.
>
> > What happens if she triggers a re-entry ban by overstaying? Would the
> > properly submitted I-130 be approved anyway? That in essence is my
> > question.
>
> The I-130 most likely yes. But that doesn't buy her anything. A pending o=
r
> approved immigrant petition, e.g., an I-130, does not give the person any
> immigration rights.
> However, as spouse of a US citizen, an I-485 can be filed at the same tim=
e as
> the I-130.
> But I agree with the other poster, get a lawyer. Without a lawyer, you ri=
sk an
> I-485 denial, and then, a lawyer would be more expensive, since he would =
have to
> work around or help fix all the bad things in the application (I have fri=
ends
> who had that happen.)
>
> -Joe
> --
> I am not a lawyer.
> For reliable advice, consult a competent immigration attorney.
After thoroughly reading everything, I do have no real choice but to
get a lawyer (I am going to be paying this off for years, at the
credit of my family.) There are small things that aren't clear. In
Australia, Immigration, while thorough, was easy. Spouse Visa, ok,
here is your instruction book and lot of forms. The forms are quite
clear as are the instructions. You then go to the office and the
officer actually reads through it with you to make sure it is correct.
Here it is MUCH more complicated (and long-term - my provisional
Spouse Visa was granted in less than a month there!)
For example, I-130 & I-486, is status on a visa waiver "visitor" or
"none"? When it asks for I-94 # do I use the I-94W? Is the basis of
her application on an approved Spouse Visa even though it isn't
approved yet? (It then alludes to an attached application with
immediate immigrant number in brackets, but isn't clear.) On the I-786
I don't know where I would find her eligibility, unless there was one
EAD Applicant option and I really have no idea what that actually
means.
Thank you all for your help. |