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USC here. My wife is from Brazil and as of this week, has been approved for her conditional (2 year) green card. Online status tracker says the card has been picked up by USPS, so we are anticipating its arrival any day.
We did marriage-based AOS after she overstayed a tourist visa by roughly 3 years, working unauthorized the whole time. Filed on 2/23/18, EAD received 7/9/18, interview notice received 10/15/18, AOS interview at Newark, NJ on 11/29/18, case approved 1/11/19. We had a little issue with her visa come up during the AOS interview, as for some reason USCIS had it on record that she was married when she applied for it (she wasn't; she was engaged at the time she got her J1 visa and ended it with her fiance a few weeks later before she came to the US). We had a suspicion this would go down as misrepresentation as they took a statement at the interview and said they would investigate, but out of the blue, our online case status switched to "case approved" this past Sunday after six weeks of nervously waiting. We received I-130 and I-485 approval notices from USCIS the next day.
My wife hasn't seen her family since 2014 and is already planning a trip to go back to Brazil at the end of February. She'll be gone for a little over two weeks, and I will not be traveling with her. My understanding is her overstay and the unauthorized work will be forgiven and she won't have any issues getting back in the country when she returns after two weeks, or anytime in the future for that matter. Is this true, or am I missing something? Trying to see if there would ever be any reason why she would have an issue re-entering the US with her green card, despite the previous overstay, work without authorization, and visa thing - of course, all of which weren't enough to keep her from getting the green card in the first place.
I think the answer to this one is pretty straightforward, but nonetheless I wanted to reach out. I plan to write up a full detailed rundown of our case this weekend to share here as well.
-Ryan
We did marriage-based AOS after she overstayed a tourist visa by roughly 3 years, working unauthorized the whole time. Filed on 2/23/18, EAD received 7/9/18, interview notice received 10/15/18, AOS interview at Newark, NJ on 11/29/18, case approved 1/11/19. We had a little issue with her visa come up during the AOS interview, as for some reason USCIS had it on record that she was married when she applied for it (she wasn't; she was engaged at the time she got her J1 visa and ended it with her fiance a few weeks later before she came to the US). We had a suspicion this would go down as misrepresentation as they took a statement at the interview and said they would investigate, but out of the blue, our online case status switched to "case approved" this past Sunday after six weeks of nervously waiting. We received I-130 and I-485 approval notices from USCIS the next day.
My wife hasn't seen her family since 2014 and is already planning a trip to go back to Brazil at the end of February. She'll be gone for a little over two weeks, and I will not be traveling with her. My understanding is her overstay and the unauthorized work will be forgiven and she won't have any issues getting back in the country when she returns after two weeks, or anytime in the future for that matter. Is this true, or am I missing something? Trying to see if there would ever be any reason why she would have an issue re-entering the US with her green card, despite the previous overstay, work without authorization, and visa thing - of course, all of which weren't enough to keep her from getting the green card in the first place.
I think the answer to this one is pretty straightforward, but nonetheless I wanted to reach out. I plan to write up a full detailed rundown of our case this weekend to share here as well.
-Ryan
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