r/immigration

Can I file marriage-based AOS (245a) while living apart? B-2 overstay, USC girlfriend still in school out of state

Looking for input from anyone who's done a similar adjustment of status.

Background: From Brazil, entered the U.S. legally on a B-2 tourist visa as a young child in 2011, inspected and admitted (I have my I-94), and overstayed when it expired. No criminal record, here continuously ever since (~15 years). Full-time college student graduating in about a year, with a good job in CT.

My girlfriend is a U.S. citizen; together ~3 years. The catch: she's at Penn State and graduates in ~2 years, then plans to move to CT. So if we marry and file soon, we would NOT be living together at time of filing (she's in PA for school, I'm working in CT). We do have a joint bank account, lots of photos, and people who can vouch for us.

Questions:

  1. Can we marry and file AOS under INA 245(a) even though we don't live together yet, or is it better to wait until we're in the same place?

  2. Does living apart hurt approval odds / trigger a Stokes interview, and how did you document a bona fide marriage in that situation?

  3. Roughly how long until the EAD (work permit) comes after filing?

Thanks for any experiences or advice.

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u/Limp-Breath-4264 — 6 hours ago

Please advise

I am born in the US my husband is being deported to Guatemala. He has no family over there and nowhere to go. My parents are from El Salvador and they have family that want to help my husband. How can he go about getting to el Salvador safely and will this deportation (5 year bar) make him ineligible for residency in El Salvador? Please help me I’m a mess.

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u/hedwigandfang — 5 hours ago

Running out of patience

15+ years of being in the US and 11+ years since FC is filed - I am ready to give up. Changing landscape of software industry not living any hopes of getting a green card ever. After being here for soo loong, uprooting life would be very difficult.

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u/strikingpizza8086 — 10 hours ago

Are real restrictions on birth tourism actually coming, or is it mostly political talk?

For years, we have been hearing news and political statements about possible measures against birthright citizenship and birth tourism in the U.S.
There are frequent claims that pregnant women may not be allowed to enter the U.S., or that new restrictions will be introduced. However, as far as I can see, there has still not been a clear, concrete, and effective measure that completely prevents this.
At the same time, many companies are still openly advertising birth tourism services and guiding pregnant women to travel to the U.S. for delivery. This makes me wonder whether serious enforcement is actually expected, or whether this will mostly remain a political talking point.
In my opinion, I am not sure a major restriction will actually happen soon, especially because birthright citizenship is a complicated constitutional issue. But I would like to hear other people’s views.
Do you think the U.S. will introduce any new measures against birth tourism in the near future? If yes, what kind of measures could realistically be taken?
For example:
Could pregnant travelers face more questioning at the airport?
Could CBP officers more often limit the length of stay or deny entry?
Could companies advertising birth tourism be targeted?
Could visa renewals or future entries become more difficult for families who gave birth in the U.S.?
Or do you think nothing major will change and the current system will continue?
I’m especially interested in recent experiences, legal perspectives, or informed opinions.

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u/deadwind_88 — 1 day ago

Birthright US citizen to petition my mom who is currently here in the States in a tourist visa. What are the chances of approval and timeframe. I appreciate and value your responses.thank you.

Hi,I'm a 24 year old who is a birthright us citizen. I was born in the States with Filipino citizen parents. My mom is currently here in the States on a tourist visa that expires in 2028. She has never broken any immigration or any laws whatsoever. I would appreciate any info or tips from those who have experienced similar situation such as mine. I heard it's best to wait for 90bdays before filing for the application to adjust her status. Is that a fact ? Your input or tips is appreciated.

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u/hardworking1973 — 1 day ago

Reentry Permit Experience

Hello, I am planning to study abroad for 1 or 2 years while helping my sick grandmother there. However, I’m still a greencard holder and I wanted to File Reentry Permit before going abroad. But I’m worrid if CBP will still send me to court the moment I come back here. Is it safe to use Reentry Permit with this situation? Have you had heard any successful stories regarding this similar situation? Thank you!

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u/WeirdBee4310 — 1 day ago

Immigrant bf

My boyfriend and I are both 17. He’s from Mexico and told me he came to the U.S. with a coyote when he was around 10. He’s been attending public school here ever since, but as far as I know, he doesn’t have any immigration documents. I’m also not sure if he has DACA or not.
His mom is also from Mexico. She has a driver’s license and seems to have some kind of legal documents, but she doesn’t really help him with this stuff or doesn’t know how the process works.
I’m trying to understand what options he has. Is there any way for him to get a Social Security number, a work permit, or any kind of legal ID? Can he apply for those on his own, or does he need a specific immigration status first?
We’re just trying to figure out where to start and what his options are. Any advice or information would be appreciated.

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u/flamboyantxoxoxo — 2 days ago

If birthright citizenship exists, why is giving birth in the U.S. treated so negatively for visitors?

If giving birth in the U.S. is treated as something wrong or almost prohibited for visitors, then why does the Constitution grant citizenship to people born on U.S. soil? I understand that visa fraud, misrepresentation, or using public benefits can be an issue. But if someone is honest, has a valid visa, can pay all medical costs privately, and leaves afterward, why is the act of giving birth itself viewed so negatively?

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u/deadwind_88 — 2 days ago
▲ 1 r/immigration+2 crossposts

Help with green card process: in between I-539 extension and I-485.

Hello all, thank you in advance for taking the time to read this and respond! I will be calling various attorneys for consultations (I think this may be a good move) but I’m curious to see what you all have to say.

For starters I’m a US citizen, and my wife and I have been together for two years.

Last August, my wife, who was my girlfriend at the time, came to the us and was given an I-94 leave by date of April 1st. On March 5th, we decided to ask for an extension on her B2 visa until August with an I-539 form so that she could spend a bit more time in the US, and meet my family at our family reunion later this year. She’s in bar school in Canada so it was easy to prove her intention to return, and since I have a full-time job I was able to easily provide proof of her financial support while in the country. She has had legal standing in the country ever since while we have waited to hear back.

I proposed in April and while we had talked about getting married for a while, there wasn’t a definitive timeline for doing so. My wife and I just got married in May, and we are considering pushing off her studies for a year in favor of some important career prospects for me here in the US.

I’m aware that to do this would require filing the requisite green card forms before she falls out of the legal status afforded to her via the pending I-539 request, but due to the immigration medical exam times (I-639) I’m worried this may not be possible.

My question: If the I-539 is denied and she no longer has a legal status before we have time to submit the I-130 and I-485, should she leave the country, or is it probable that the brief illegal status will not affect our green card petition too severely?

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u/OhSnapChicken — 1 day ago

H-1B cap petition filed on July 1 due to USCIS portal maintenance, is this still considered timely?

Hello everyone,

My employer filed my LCA on June 23, and it was certified on June 30 at around 11:30 PM CST. USCIS had scheduled maintenance on the online filing portal that evening 7pm to 11:59 EST, so my employer couldn't submit the H-1B cap petition until the system became available again. They filed it immediately after the portal reopened.

However, the petition now shows a filing date of July 1, 2026. Has anyone else had this happen? Does the July 1 filing date create any issues, or is it generally not a problem since the delay was caused by the USCIS system maintenance?

I'd really appreciate hearing from anyone with a similar experience. Thanks!

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u/Practical_Clue_5269 — 1 day ago
▲ 1 r/immigration+1 crossposts

8 YOE Java/Spring Boot + AWS DevOps engineer (India) seeking relocation roles — where should we look?

Hi all my husband is a Senior Software Engineer with 8+ years of experience in Java/Spring Boot, AWS certifications (including AWS Certified DevOps Engineer – Professional), and growing hands-on experience with GenAI tooling. We're based in Bengaluru, India, and exploring international relocation — open to any country with realistic visa pathways for his profile (skilled worker visas, tech-specific programs, etc.).

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u/Sea-Star-3045 — 1 day ago

US Green card holder travelling to Mexico?

A member of my family is a green card holder from Brazil and has both a valid Brazilian passport and a valid US green card. We planned on flying. Is there anything we need to get into Mexico, and more importantly, anything to avoid trouble when coming back into the US? Hard to find info on what Mexico would require of her, or if the green card and passport are sufficient.

Anyone have to deal with something like this? any advice?

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u/stomptonesdotcom — 2 days ago

Question about name on renewed green card/visa

Question about name on renewed green card/ vis. My husband just renewed his Visa and when we first filed for his 1st visa we filed under his name Jesus middle name and last names and when they granted him the visa everything was put in his name on his birth certificate J middle name and last names ( green card, passport, SS card and driver's license ). We sent a photo copy of original green card which had J on it but the new green card is under Jesus. Will this pose a problem for ANYTHING because it doesn't match BC, DL, passport, or SS card?

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u/Adiaz11011971 — 2 days ago

Spaniard in North America

Hello,

I would like to tell my story in order to ask for some advice about how I can start to look up information about my next steps.

I'm a 42-year-old man from Spain. I have a HND diploma from the UK and a bachelor's diploma from Spain. In March 2024 I was accepted to study for an AEC Diploma in Syn Studio (Montreal) from September of that year.

In the meantime, I met my girlfriend when she was visiting Spain. She is from the US, so it was a happy coincidence to fall in love with someone that was going to be only one hour by plane from me and in the same time zone when I moved to Canada.

During the last two years, I used my ESTA document to visit her when I had my breaks in my studies. She also came with me several times to Spain.

My graduation is in October 2026. And my Canadian Student Visa will end on New Year's.

We definitely want to start a life together as soon as possible after my graduation, or at least to be as close as possible, because she has her own work in her town.

I don't know how to proceed, nor Canada nor the US. I don't know how to be informed or who to ask. I got some information by myself, but I still feel pretty lost.

I would like to know as well if more people were in my situation and how they managed this.

Thank you in advance.

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u/Bastonivo — 2 days ago

How can I immigrate to the UK? How can I get a visa?

Hi. I'm from Dublin Ireland and I went to London for the first time last year and I fell in love with the city. It was so beautiful and diverse. How can I immigrate to the UK from Ireland? What visa can I apply for? What job can I have to get an immigration visa? I dont have a university degree. How much does it cost? I dont know where I should begin.

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u/noreturn000 — 2 days ago

What are alternate way to start your work if your OPT Approval is delayed?

I applied for my OPT in April and did biometrics on May 14 and still no decision after 30 business days so what are alternate options to start work?

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u/HovercraftMetal8888 — 2 days ago

Correct fee for i765??

I filed i485 (family based) in immigration court in May 2026,judge accepted and stamped my application.

In June,I sent i765 -- c (9) to USCIS with the following items:

- a copy of the page where the judge stamped (in this page shows i485,the fee I paid for i485 and the date it was filed)

- Form G1145

- Form G1450 paying $260.00

- 2 passport photos

Long story short,USCIS rejected the i765 saying that:

- the fee was incorrect or no payment was provided.

- proof of i485 has been submitted/filed,they asking for i797.

Immigration Court has jurisdiction of i485 so there's no i797 and I already provided the proof.

I already Google and researched for an answer but is very difficult and confusing.

Please can someone tell me the fee for i765???

Thank you 👍

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u/SpecificCucumber4385 — 2 days ago

Do westerners really feel that immigration to Asian countries is "unfair"?

I'm a westerner myself, and I just moved to East Asia, specifically Taiwan. I was surprised to see how much criticism there was online about how Taiwan is racist because they don't allow people to get citizenship even though they pay taxes and all. Mind you, these were mostly English-speaking forums so they were mostly English teachers. Lots of debate online and it ends up being about how the country is so racist because unlike Canada or the US, it's nearly impossible to get citizenship. I see the same sentiment for countries like South Korea. I never really thought about it, because I guess the westerners that I know who all move to Asia are their because they are leveraging their western identity for some sort of benefit, like cost of living, teaching jobs, or even dating, but I didn't realize many really feel unfairly treated for not being able to become citizens.

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u/Thepecid_Choice3948 — 3 days ago

Looking for advice on U.S. visa options after previous F-1 and asylum history

Hello everyone,

I would appreciate any guidance from immigration attorneys or people with similar experience.

My background:

  • I was granted an F-1 student visa in 2022 and entered the U.S. in 2023.
  • I completed my ESL studies and later enrolled in another academic program in Economics.
  • I previously applied for asylum while in the U.S.
  • I later returned to my home country voluntarily in 2024.
  • After that, I attempted to travel again, but my visa was cancelled during transit.
  • In 2026, I applied again for an F-1 visa but was refused under INA 214(b).

Additional context:

  • My father is a U.S. green card holder and is expected to become a U.S. citizen in the future.
  • My brother is a U.S. citizen.
  • I have a strong academic and professional background in finance/economics with long-term experience in the field.

My questions:

  1. How does a prior asylum application affect future F-1 visa eligibility?
  2. What are realistic options for returning to the U.S. legally?
  3. Would my father’s future U.S. citizenship significantly improve my options?
  4. Are there other visa categories I should consider besides F-1?

Thank you for any insight.

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u/AffectionateDark400 — 2 days ago

Can cbp agents deny entry for pregnant women living and working in USA?

We are living in USA for last 2+ years and both me and my husband are working here. I am 7 months pregnant and I am going to Canada to take care of some errands and meet family for a weekend for baby shower.

I am being told not to leave USA as border agents may deny entry. We both are Canadians and I am a naturalized Canadian.

Is it risky to travel outside the country? I don't want to lose my job over a weekend travel.

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u/Lucky_Tap8692 — 2 days ago