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dflst

US citizen petitioning spouse w/ B2 visa

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hi... i am a US citizen about to file an I-130 for my spouse who is currently in the US with his B2 (tourist) visa. he is only allowed to stay until august 10, 2009 (per I-94 card). my question is... will we encounter any problem with the USCIS when he becomes out of status after august 10? just want to hear some thoughts since we read in the USCIS instructions that he won't be eligible if we file the application when his legal stay expires.

thank you.

dflst

p.s.

we are also filing I-485 and I-765 concurrently with the I-130.

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He still isn't out of status. So apply as soon as possible for the AOS. Also, if the intention at the point of entry was not to adjust status then he can apply for AOS. Over-stays of petitioners are usually forgiven if the spouse is a USC and the petitioner has entered legally. I applied for AOS from B-2 and so far all is good. My interview is next week. Best of luck.


IR5 For Parent

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I also entered the U.S using B2 visa, now i have my greencard.

It would be better if you can file all the forms before I-94 expires... Overstay will not be an issue when case is pending with USCIS.


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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hi visacheck. thank you for the information. we will definitely file the papers before the I-94 expiration. i am just waiting for my US passport. is there really a need to submit a copy of the current US passport even if you already submit a copy of the naturalization certificate to prove US citizenship? two more questions... is there a need to file for I-131 (advance parole) even if my spouse has no intention of traveling outside the US and what do they commonly ask during the interview? thank you again.

dflst

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hi visacheck. thank you for the information. we will definitely file the papers before the I-94 expiration. i am just waiting for my US passport. is there really a need to submit a copy of the current US passport even if you already submit a copy of the naturalization certificate to prove US citizenship? two more questions... is there a need to file for I-131 (advance parole) even if my spouse has no intention of traveling outside the US and what do they commonly ask during the interview? thank you again.

dflst

Regarding your first post: try to send in your AOS applications before I-94 expires. BUT even if you do it after that, it`s no big deal. My husband and I had got married only a few days before my I-94 expired and we filed for AOS 6 months after that! Didn`t have any problems whatsoever.

If you are going to receive your US passport before you send in the paperwork, I would attach a copy of your US passport. Just in case. If not.. I don`t think it would be a problem, since you`re sending a copy of your NC.

No, you don`t HAVE to apply for AP if you`re not planning on traveling abroad. We didn`t.

As for what they commonly ask at the interview, I suggest you read the Sample Interview questions Here

Edited by Septembergold

Sometime in 11/2006 --- Met online

09/26/2008 --- Got married

04/03/2009 --- AOS package sent

07/13/2009 --- Interview in Detroit,MI. Approved!!!

07/25/2009 --- GC received! Total: 3 months 12 days from NOA1 to GC mailboxhappy.gif

05/17/2011 --- ROC package sent

05/25/2011 --- NOA1 received

06/27/2011 --- Biometrics

10/17/2011 --- Approved! confetti.gif

10/21/2011 --- Received Permanent GC

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you dont need to submit a copy of US passport if you already have a copy of naturalization certificate. you dont have to apply for AP if your husband has no intention of leaving the US. in my case i applied for AP just in case there is an emergency back home plus you dont have to pay for it anyway.

Questions on the interview is really a case to case basis but the most common quetions based on what i see on other VJ'ers experiences are mostly about "how and where did u meet each other", "what is ur spouses bday" blah blah blah....... just read the interview experiences in this forum so you would have an idea. During my interview, i wasnt really asked a lot of questions.


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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