AoS worries

[RBradsbaw]

OK im new on here and not sure exactly how all this works so bear with me please.

My wife and i Have been married for 5 year we didn't apply for her residency till about the end 2015, after applying it took them a year to give us an interview, then our lawyers assistant forgot to send all her documents and set us back 6 months in the process. as you can see its been difficult for us. We've recently went to go do he bio-metrics and im kind of concerned on what the future holds for us.

I want to know what to expect now. Will she have to leave the country? How long will she have to wait for her AoS? And does having children who are legal affect the wait time? Any feedback would be great thank you.

[newacct]

OK im new on here and not sure exactly how all this works so bear with me please.

My wife and i Have been married for 5 year we didn't apply for her residency till about the end 2015, after applying it took them a year to give us an interview, then our lawyers assistant forgot to send all her documents and set us back 6 months in the process. as you can see its been difficult for us. We've recently went to go do he bio-metrics and im kind of concerned on what the future holds for us.

I want to know what to expect now. Will she have to leave the country? How long will she have to wait for her AoS? And does having children who are legal affect the wait time? Any feedback would be great thank you.

Can you be specific about what forms you guys applied for and when? What basis is she immigrating on?

She can stay in the US for as long as her I-485 is pending, no matter how long it takes. Children do not affect the time it takes.

[RBradsbaw]

Can you be specific about what forms you guys applied for and when? What basis is she immigrating on?

She can stay in the US for as long as her I-485 is pending, no matter how long it takes. Children do not affect the time it takes.

Sorry new here dont know what info to give etc, we filed a I601-A, im just worried that if she needs to leave the country well end up waiting along time and that would harm us finicially.

[newacct]

Sorry new here dont know what info to give etc, we filed a I601-A, im just worried that if she needs to leave the country well end up waiting along time and that would harm us finicially.

I-601A is to apply for a provisional unlawful presence waiver, and she would only apply for this if she is planning to leave the US to do Consular Processing abroad, and leaving the US would trigger a ban due to the amount of unlawful presence she has accrued, and that ban is what the waiver would be for. If she were eligible to do Adjustment of Status inside the US, she wouldn't be leaving the US and wouldn't be filing I-601A. I assume that the lawyer determined that she is not eligible for AOS and that's why they had her file this.

Can you give more details about her immigration history? Did she enter the US legally or illegally? Does she have DACA, TPS, or anything like that? Is she immigrating through you, her spouse? Are you a US citizen or permanent resident?

[RBradsbaw]

I-601A is to apply for a provisional unlawful presence waiver, and she would only apply for this if she is planning to leave the US to do Consular Processing abroad, and leaving the US would trigger a ban due to the amount of unlawful presence she has accrued, and that ban is what the waiver would be for. If she were eligible to do Adjustment of Status inside the US, she wouldn't be leaving the US and wouldn't be filing I-601A. I assume that the lawyer determined that she is not eligible for AOS and that's why they had her file this.

Can you give more details about her immigration history? Did she enter the US legally or illegally? Does she have DACA, TPS, or anything like that? Is she immigrating through you, her spouse? Are you a US citizen or permanent resident?

She came here illegally, shes been here for 15 years, I am her spouse I am a US Citizen, she does not have DACA or TPS has 2 US born children.

[newacct]

She came here illegally, shes been here for 15 years, I am her spouse I am a US Citizen, she does not have DACA or TPS has 2 US born children.

Okay, so she's not eligible for Adjustment of Status because she entered illegally. So she can only do Consular Processing abroad, which requires leaving the US. Leaving the US will trigger a 10-year ban because she has accrued more than 1 year of "unlawful presence" before leaving. She filed I-601A to apply for a provisional unlawful presence waiver to waive this ban. This waiver requires showing you will suffer "extreme hardship" if she can't be in the US; I hope you guys provided plenty of evidence of that.

If her I-601A is approved, she will leave the US to attend the interview at the US consulate abroad to get the immigrant visa and come back. Assuming she has no other bans, the consulate will consider that provisional waiver to be a waiver and she won't have to apply for a waiver while abroad, so she should be able to come back quickly. If her I-601A is denied, she shouldn't leave the US; in that case she doesn't really have a path to legally immigrate unless she wants to be stuck abroad for 10 years.

[RBradsbaw]

Okay, so she's not eligible for Adjustment of Status because she entered illegally. So she can only do Consular Processing abroad, which requires leaving the US. Leaving the US will trigger a 10-year ban because she has accrued more than 1 year of "unlawful presence" before leaving. She filed I-601A to apply for a provisional unlawful presence waiver to waive this ban. This waiver requires showing you will suffer "extreme hardship" if she can't be in the US; I hope you guys provided plenty of evidence of that.

If her I-601A is approved, she will leave the US to attend the interview at the US consulate abroad to get the immigrant visa and come back. Assuming she has no other bans, the consulate will consider that provisional waiver to be a waiver and she won't have to apply for a waiver while abroad, so she should be able to come back quickly. If her I-601A is denied, she shouldn't leave the US; in that case she doesn't really have a path to legally immigrate unless she wants to be stuck abroad for 10 years.

Would it be possible to reapply if she has been denied?

[newacct]

Would it be possible to reapply if she has been denied?

You mean for the provisional waiver? She can re-apply, but unless there's some change in the situation that suddenly gives stronger evidence that you will suffer "extreme hardship" if she can't be in the US, the result is not likely to change.