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Does my stay here in US while the NVC is processing my husband petition for me and for our children affect the approval?

Las Vegas, NV |

my husband filed I130 for me and for our children.my husband is green card holder.it was already approved last july and currently processing in NVC..now that my husband paid the AOS and the immigrant visa processing fee,the NVC instruct me to fill up the DS260.. In the DS260, there is a question if i have been in the US and fill up the last 5 visit in the US. I am currently here in the US and will go back home in my country in january.what will i i put? Anyway i arrived here in end of the month of july.the immigration officer allowed me to stay until january 25,will go back to my country in january 22. Im visa is B2 visitors visa.

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Attorney answers 3

Posted

If you have been 100% legal when in the US, you should be OK.

Obey the law and don't come back to the US until after you have gotten your visa at the US Consul.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

Assuming that there were no misrepresentations to the Consulate when you initially applied for a visitor visa (a question on the nonimmigrant visa application form asks about family members in the U.S., for example), the Consulate should issue the immigrant visa if you are truthful on the forms to be completed as instructed by the NVC.

I agree with Attorney Capriotti that you should not return to the U.S. again on your visitor visa.

Asker

Posted

I was granted visitors visa in 2008 before i got married with my husband in 2010. The first time i came here in US with my parents is in 2009 to visit our relatives. Then when i got married i came again in 2010 to be with my husband.then came again in 2012 and recent is 2013. I always stay here every 6 months to visit my husband while waiting for the approval of my husband petition.he filed petition in 2011,since he is only permanent resident,it tooks 2 years to be approved.i obey the immigration law while im here in US,i go back to my country before the date im allowed to stay here.

Ajay Kumar Arora

Ajay Kumar Arora

Posted

It should be OK as you have not violated your status in the U.S. or been unlawfully present and I do not see any obvious "fraudulent entry" issues.

Asker

Posted

I forgot to tell you attorney,i just gave birth last november here in las vegas thats why i cant go back soon in our country,that i need again to stay here for 6 months. Will go back to my country on january with the baby..

Asker

Posted

Its not in our plan to give birth here,but the doctor advice me,that im not fit to travel back home for 16 hours travel time.since i encountered spotting..i came here last july because we celebrated my in laws 50th golden wedding.the origal plan is i will only stay here for a month,so i rebooked my plane ticket on january

Posted

Not so fast... Did you say that your husband already filed adjustment of status applications? Is that what you meant when you said he paid the AOS and the immigrant visa processing fee? Why not just stay here and wait for them to get approved? The numbers are current in family 2B preference. As long as the decision to stay and adjust was made AFTER you arrived in July you don't have preconceived immigrant intent. You should talk to an expert about this, but I'm thinking you should just stay here and finish processing adjustment with USCIS and forget about consular processing with the dept. of State.

Asker

Posted

No attorney. My husband didnt filed adjustment of status..because in the petition, our 2 kids are included in the petition and i left them in our country..so i need to go back home..what my problem is does my currently stay here in US will affect the approval of the immigrant petition filed by my husband to me?i arrived here in end of the month of july, and will go back home in january.before the expiration of allowed stay that immigration gave me.I'm in a tourist visa when i entered here in US. I've been coming here since 2009.. And i always stay here for 6 months. But i never violated the immigration law while im here.i always return to my country before the expiration of the allowed stay given to me..anyway, the reason i cant go bqck home right away in our country is because i jyst gave birth to my 3rd child last november here in las vegas..does will also affect my approval because i gave birth here?

Peter Lunt Ashman

Peter Lunt Ashman

Posted

Okay. I understand. You should be fine as long as you didn't overstay or violate your status. Good luck.

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