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Expired B1/B2 Visa. Married US Citizen

#1 Lornaevo

Lornaevo

    Senior Member

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Posted 26 April 2012 - 06:55 AM

Hi guys, here is my story. I came here when I was 17 on a Visitors Visa in 2001. I am now 29 and married to a US Citizen. We have been living together for almost 2 years. We would like to adjust my status. We are worried that it will be a problem since I've been out of status for so long. I was anticipating filing the package without the help of a lawyer.

Any advice would be appreciated.

Thanks.
  • 0

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1


#2 ceadsearc

ceadsearc

    Diamond Member



Posted 26 April 2012 - 07:00 AM

Overstay is overlooked for spouses of USCs who entered legally. As long as you have no other issues that would cause a problem (such as claiming to be a USC, etc.) you should be fine. Make sure that if you worked under the table you are honest about that as well.
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#3 kcoyclay1

kcoyclay1

    Platinum Member



Posted 26 April 2012 - 07:12 AM

I adjusted from a B1/B2 visa in 2009. As ceadsearc stated, if everything is straightforward, you should be fine. You may petition on your own without a lawyer. All the best.
  • 0

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

 

Naturalization Process (5 Yrs Later)  :goofy: 

 
Mar 28, 2014   - Mailed N-400
Apr 08, 2014   - Check cashed
Apr 09, 2014   - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014   - Touched - Email - Biometrics letter mailed
May 08, 2014  - Biometrics done
May 12, 2014  - Touched - Email - In line for interview scheduling
July 12, 2014  - Pre-interview letter (Yellow letter)  received in mail
Aug 20, 2014  - Touched - Email - Interview scheduled
Aug 25, 2014  - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014   - Touched - Email - In oath scheduling que
Oct 08, 2014   - Touched - Text - Oath ceremony scheduled
Oct 14, 2014   -  Received letter - Oath ceremony Oct 28, 2014

--------------------
KayCee

Ccut.jpg.png


#4 Lornaevo

Lornaevo

    Senior Member

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Posted 26 April 2012 - 07:39 AM

I did work here under the table. Should I volunteer this information or only of asked? Would working here prohibit me from adjusting?
  • 0

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1


#5 ceadsearc

ceadsearc

    Diamond Member



Posted 26 April 2012 - 08:35 AM

Working is also overlooked for spouses of USCs as long as you didn't steal someone's social, claim to be a USC, etc. Just working under the table is overlooked but you are expected to pay/file taxes as well as be honest about it. I can't remember for certain but I want to say there is somewhere on the application where it asks about employment. Again, as long as it is just basic working illegally it will be overlooked and not prevent you from adjusting, but you have to be honest about it because if you lie and USCIS finds out you are then looking at misrepresentation and that will affect your adjustment.
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#6 Penguin_ie

Penguin_ie

    Queen Penguin



Posted 26 April 2012 - 08:39 AM

**** moving from AOS from Family visa to AOS from Tourist visa as OP originally came on a B2 ****
  • 0

Bye: Penguin
modpenguin_zpsf0a69b27.jpgqueen-penguin-md_zps6835686c.png
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.


#7 Little_My

Little_My

    Platinum Member



Posted 26 April 2012 - 08:48 AM

After a long overstay in the US, from what I have seen in these forums, the few main issues/challenges/problems people often face are..

1. Having lost their I-94/proof of legal entry at the time when they originally arrived (usually I-94s can be replaced, so this is not a deal breaker)
2. At some point while in the US, often in a tax form or employment related form, having claimed to be a US citizen. By "claimed", I mean having ticked a box that says "US citizen". This, in most cases, is a deal breaker.

If you don't have either of these problems, then there's no reason to not expect a fairly smooth AOS ride as long as you are careful with the paperwork, make sure to fill out everything correctly and submit all the required evidence. I agree with ceadsearc, disclaim your previous work honsetly in all the forms, and if you have not filed for taxes, then file Now for all the years you have worked and can still file for.
  • 0
Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox
03/04/2011 - Day 1 - AOS -package signed for at USCIS
03/09/2011 - Day 6 - E-mail notification received for all petitions
03/10/2011 - Day 7 - Checks cashed
03/11/2011 - Day 8 - NOA 1 received for all 4 forms
03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011
03/31/2011 - Day 28 - Successful walk-in biometrics done
05/12/2011 - Day 70 - EAD Arrived, issued on 05/02
06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th
07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location
07/22/2011 - Day 141 - E-mail approval notice received (Card production)
07/27/2011 - Day 146 - 2nd Card Production Email received
07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS
08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail
("Resident since" date on the GC is 07/20/2011

#8 Lornaevo

Lornaevo

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Posted 26 April 2012 - 10:58 AM

I don't think I have ever claimed to be a U.S citizen on any forms.
  • 0

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1


#9 jdh

jdh

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Posted 26 April 2012 - 11:13 AM

I would love to know how USCIS is supposed to find out about someone's illegal work...

If work is done solely for cah it isn't reported anywhere, that is what 'under the table' is....no paperwork...

Now, I agree with being honest, not lying on the forms, etc...and the fact it is forgiven makes it moot...but the idea that it an be 'found out' somehow is a little far fetched to me.

Example: Cindy and Bob pay Sally in cash to come watch their kids or clean their home....nothing is ever reported.

Since you have not filed taxes or filled employment forms ever, it is unlikely you ever claimed US citizenship.

Edited by jdh, 26 April 2012 - 11:14 AM.

  • 0

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012


#10 ceadsearc

ceadsearc

    Diamond Member



Posted 26 April 2012 - 11:36 AM

Well, I suppose all it would take is one disgruntled former coworker, employee, or friend to spill the beans and for USCIS to look into it. Plus, with such a long overstay they are probably expecting that the OP did work.
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#11 Lornaevo

Lornaevo

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Posted 26 April 2012 - 11:49 AM

Yes, I agree that honesty is the best policy. Lying only goes to show bad moral character. I just want to do the right thing and adjust my status. So I can come out of the shadows.
  • 0

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1


#12 jdh

jdh

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Posted 26 April 2012 - 12:13 PM

Absolutely - lying is never the route to go.

Not disclosing unnecessary information is an entirely different matter.

Always be honest.
  • 0

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012


#13 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 26 April 2012 - 12:51 PM

Jdh - say an IO says "how did you survive so long in the US? How did you get money?" What would you suggest people say? If you only tell the truth then, then the IO can point out that the G-325A has incorrect information about past work history. In addition, it is much better to admit to a plain-old illegal job, instead of something like drug trafficking or prostitution. If you had no work history and said you did not work at all but somehow supported yourself, that might invite further questioning.

This is another instance of you thinking that there are no paper records for things. A lot of times, there are. Employers pay taxes, get audited, things happen. Furthermore, tax evasion is a felony. Even illegal work is taxed and people working illegally should be paying taxes on it. Not paying taxes is how Al Capone got caught, not through every other illegal thing he was into.

Work history is necessary and is asked on the G-325A.
  • 0

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#14 jdh

jdh

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Posted 26 April 2012 - 01:36 PM

Good answer, Harpa...the question was sincere, that's why I tried to emphasize being honest is the best route.

Edited by jdh, 26 April 2012 - 01:37 PM.

  • 0

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012


#15 Lornaevo

Lornaevo

    Senior Member

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Posted 30 April 2012 - 07:18 PM

Good answer, Harpa...the question was sincere, that's why I tried to emphasize being honest is the best route.


Would having an I.T.I.N prohibit me from adjusting my status? I know I am asking alot of questions, but I am really nervous. I am meeting with a lawyer on friday. Any suggestions on questions I should ask him.

I am really nervous about adjusting. My wife said I shouldn't worry and the lawyer said the same.
  • 0

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1




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