Bayside, TX Immigration Law Firms & Lawyers

If you can enter the U.S. on a visa and your priority date becomes current while you are still in status, then you will be eligible for adjustment of status. However, if you apply within 90 days of your arrival, USCIS may accuse you of committing visa fraud by having a preconceived intent of remaining in the U.S. permanently when you entered.

There is no specific attitude one way or another to the Peruvian nationality insofar as overstaying a US visa is concerned. Anyone who overstays for 180 days is barred from return for three years and if the overstay is one year, the bar is 10 years. The bar would be enforced in the event that you left the country and had to return. Further individuals who are overstays may be caught and have to go through immigration court proceedings to decide whether they should be removed from the country. At the present time, being an overstay is not a crime, but considered a civil violation.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

There is no law prohibiting a USA citizen from visiting their wife in the Philippines. In fact, it seems pretty natural that spouses who are separated would go to visit each other.