PLEASE HELP- Filed I-485 no reply yet, Visa will expire soon.

[rayb]

Yes, they don't care if your visa is expired or not when receiving and recording your application. As far as they are concerned, if your entry was legal, and you pass muster at the actual interview, they've done their job.

On the other hand, if you "act funny" at the actual interview, no matter how good the paperwork was, you can expect a second interview at which time a couple of them will gang up on you. I had two clients who don't talk...unless pressed. One's English is so bad that nobody understands him, and the other is so untalkative that he is sometimes mistaken for being autistic (he's not). Both were given second interviews because "non-verbal" is a red flag. During both second interviews, it was the aggressive wives who turned everything around (one was a petitioner and the other wife was the Adjustment applicant). The petitioner wife got mad and probably scared the interviewer.

Reminds me of a funny story. One of our family friends had a Russian girl work mate who went to her Adjustment or Naturalization interview (not sure which). She was a tad overweight, so the friendly female interviewer asked if she was pregnant. The Russian gal got a little hot under the collar and responded with "No, do I look like a pig to you?" She was approved.

--Ray B

So I guess yr saying that USCIS will give me a receipt number even if my allowable visa stay expires ?

[MSUT]

Yes, they don't care if your visa is expired or not when receiving and recording your application. As far as they are concerned, if your entry was legal, and you pass muster at the actual interview, they've done their job.

On the other hand, if you "act funny" at the actual interview, no matter how good the paperwork was, you can expect a second interview at which time a couple of them will gang up on you. I had two clients who don't talk...unless pressed. One's English is so bad that nobody understands him, and the other is so untalkative that he is sometimes mistaken for being autistic (he's not). Both were given second interviews because "non-verbal" is a red flag. During both second interviews, it was the aggressive wives who turned everything around (one was a petitioner and the other wife was the Adjustment applicant). The petitioner wife got mad and probably scared the interviewer.

Reminds me of a funny story. One of our family friends had a Russian girl work mate who went to her Adjustment or Naturalization interview (not sure which). She was a tad overweight, so the friendly female interviewer asked if she was pregnant. The Russian gal got a little hot under the collar and responded with "No, do I look like a pig to you?" She was approved.

--Ray B

Thats great thanks a lot although on the USCIS website it said I cant file for adjustment of status if my stay expired. (though not sure if that applies to immediate family members like my case.

LOL, no I think the least of my worries is the interview, my English is pretty good and I don't have an accent either.

Thanks a lot !

[rayb]

Can you point me to a location on the USCIS website where you saw that reference? I don't doubt it, though my own experience seems to contradict it.

I assisted a Cambodian woman who had been in California for over six years waiting for her father's petition for her to be current. During her Adustment interview, absolutely nothing was mentioned about her visa overstay.

--Ray B

Thats great thanks a lot although on the USCIS website it said I cant file for adjustment of status if my stay expired. (though not sure if that applies to immediate family members like my case.

LOL, no I think the least of my worries is the interview, my English is pretty good and I don't have an accent either.

Thanks a lot !

[MSUT]

I was pretty sure I saw it somewhere, though when I looked for it on USCIS couldn't find it.
However I found on immigration laws that your visa expiration is irrelevant when applying change in status, as you have mentioned with that specific case, though that Cambodian woman would probably not be able to come back for 10 years had she left the US.

here is the link for the laws. http://www.uscis.gov/sites/default/f...design_AFM.PDF

Thanks again !

Can you point me to a location on the USCIS website where you saw that reference? I don't doubt it, though my own experience seems to contradict it.

I assisted a Cambodian woman who had been in California for over six years waiting for her father's petition for her to be current. During her Adustment interview, absolutely nothing was mentioned about her visa overstay.

--Ray B

[nikkiklein]

PLEASE HELP- Filed I-485 no reply yet, Visa will expire soon.

I'm a tourist who married a US citizen. My parents both have an active US visa and they need to renew in 2 yrs. assuming that i was able to get my temporary green card without problems, does me marrying on a tourist visa affects their chances of renewing their 10yrs multiple entry visa? (They did not violate any immigration law like overstaying or anything). Thank you for your help in clearing this issue in my mind

[rayb]

There is no reason to expect your Adjustment and Conversion status from a visa overstay to affect your parents' visa renewals, UNLESS THEY GO INTO DETAIL TO DESCRIBE THE USE OF YOUR VISITOR VISA.

--Ray B

I'm a tourist who married a US citizen. My parents both have an active US visa and they need to renew in 2 yrs. assuming that i was able to get my temporary green card without problems, does me marrying on a tourist visa affects their chances of renewing their 10yrs multiple entry visa? (They did not violate any immigration law like overstaying or anything). Thank you for your help in clearing this issue in my mind

[crusht]

Hi Folks. My situation is similar to the OP.

Married in 2010 abroad and have a 3.5 year old son. Fell in love, had a kid, straight forward story. My wife also has a son from previous marriage that was living with us and now we all "moved" back to USA because he was going to college and we wanted our little one to start pre-K in the US. We weren't sure if we would stay so we came to try out and see if we would like it.

So it has been 2.5 months since we came 1st day of July and it looks like we will stay. I have steady income from my country and can work on the internet. We have rented a house and would like to stay. I don't necessarily want to have a green card but I've read it may look like I am abusing my 10 year visa if I stay for 6 months, leave the country, come back in 2 weeks and stay for another 6 months (hypothetically speaking). I travel a lot for business.

1- Would I really be banned from coming to the states if I came and stayed 6 months, left for 2-3 weeks and came back and stayed another 6 months?
2- If I applied for a green card in the following weeks, would I have to stay in the country until I got the green card? I have to go to Germany in January....???
3- Would I get the green card until January?

Thanks for all your help...

[equalm]

Hi Folks. My situation is similar to the OP.

Married in 2010 abroad and have a 3.5 year old son. Fell in love, had a kid, straight forward story. My wife also has a son from previous marriage that was living with us and now we all "moved" back to USA because he was going to college and we wanted our little one to start pre-K in the US. We weren't sure if we would stay so we came to try out and see if we would like it.

So it has been 2.5 months since we came 1st day of July and it looks like we will stay. I have steady income from my country and can work on the internet. We have rented a house and would like to stay. I don't necessarily want to have a green card but I've read it may look like I am abusing my 10 year visa if I stay for 6 months, leave the country, come back in 2 weeks and stay for another 6 months (hypothetically speaking). I travel a lot for business.

1- Would I really be banned from coming to the states if I came and stayed 6 months, left for 2-3 weeks and came back and stayed another 6 months?
2- If I applied for a green card in the following weeks, would I have to stay in the country until I got the green card? I have to go to Germany in January....???
3- Would I get the green card until January?

1 - I don't know about being banned. However, if you stay in the country more than 6 months I imagine you will have to file a US tax return.
2 - No. File a i-131 for your travels while you wait for a green card. http://www.uscis.gov/i-131
3 - The wait time suggested by my attorney as of 11/01/14 was 4 months. 6 months seems like a more natural time frame from other evidence. You could receive a waiver to work prior to that....