overstaying questions

[JimVaPhuong 4,863]

Here is what I am up against as I understand it

I will be determined to be in overstay the moment we turn in the i-130. correct? or no?

and we have lived as married already for 3 years, and only been married since July of this year, and I think there is a 2 year minimum?

today I got the medical in the mail, so I will be able to include that.

Would it be prudent to hold back the 601 until it is asked for then?

There is no 2 year minimum. If you've been legally married for less than two years then you'll get a conditional green card. The "condition" is that you remain married. You file to remove that condition two years after you get the green card. If you've been legally married two or more years then you get an unconditional green card. But you are eligible to file for a green card the day you marry.

Starburst had a good suggestion re. how to demonstrate you entered the US legally, in lieu of having an I-94 or entry stamp. Presuming you're truthful about the circumstances of your entry, then yes - they will know you've overstayed. As an immediate relative of a US citizen, your overstay is not a relevant factor in adjudicating your AOS application. Many people have overstays and still adjust status based on marriage to a US citizen without any problems.

The I-601 is a waiver for a ban. You aren't banned until you leave the US. As long as you did not leave the US after accumulating more than 180 days of overstay then you have not been banned, and you don't need a waiver. Don't send an I-601. They will not ask for it, and it would only confuse them if you submitted it.

[Kittyfang 6]

If it helps put your mind at ease, I will be submitting my paperwork this coming week. I have about 3.5 years overstay and I am not submitting a waiver. I'm stressed out and agonizing about many things, but the waiver isn't something I'm stressed about.

[2annie 2]

so I have made it far more difficult than need be. . . I guess I would be set in the worst case then. . wow! what a relief. . .I was feeling so afraid and I fretted and sweated. But on the other hand I have had a huge learning curve and could quite easily help others now. . .thanks so much for all input

[SaraDee 9]

so I have made it far more difficult than need be. . . I guess I would be set in the worst case then. . wow! what a relief. . .I was feeling so afraid and I fretted and sweated. But on the other hand I have had a huge learning curve and could quite easily help others now. . .thanks so much for all input

Just adding my 2 cents in. You should be fine filing for AOS even with the 4.5 year overstay. I filed AOS after a one year overstay and that was not an issue at all at my interview. However, what she did question me A LOT about was my last entry into the states as I too had no stamp. She asked if I had the ticket and I said no. She then said she wouldn't approve me till she checked with her superiors. The next day I checked online and I had been approved. So, if you have evidence of your last entry into the states, definitely take it with you to the interview.

Whatever you do, don't leave the country till you have the green card in your hand.

Good Luck!!!

[SaraDee 9]

As juliava stated, I haven't filed yet, but I am very close to doing so. So, my answer reflects what I've read only. As Canadians, we are often waved trough and receive no write proof of border crossing (no I-94). Most IOs seem to know this and will not make an issue of it. The worse case that I've read about was someone here on VJ, who recently went to her interview and was told that, while everything looked ok, the IO needed to check with her boss about having no I-94. I'm not sure what happened, but it would be a fair guess to say that everything probably worked out.

I'm pretty sure you're talking about me and if so I was approved the next day. It's totally normal not to get a stamp and any knowledgeable IO will know that. I think my IO just wasn't familiar as to what to do, but obviously someone else gave to go ahead. I don't think it's anything to worry about, but just know that you may get questioned on it.

Good Luck.

[SaraDee 9]

so I have made it far more difficult than need be. . . I guess I would be set in the worst case then. . wow! what a relief. . .I was feeling so afraid and I fretted and sweated. But on the other hand I have had a huge learning curve and could quite easily help others now. . .thanks so much for all input

Oh, forgot to mention that if it further puts your mind at ease, you really do not need a waiver. Everyone is right. It's not for people in our situation. I didn't send it in and I was approved.

[Kittyfang 6]

I'm pretty sure you're talking about me and if so I was approved the next day. It's totally normal not to get a stamp and any knowledgeable IO will know that. I think my IO just wasn't familiar as to what to do, but obviously someone else gave to go ahead. I don't think it's anything to worry about, but just know that you may get questioned on it.

Good Luck.

Yup, I think it was you. Belated congratulations on being approved!

[Starburst 4]

Def don't worry about the overstay.

I was at 3 years overstay when I applied, and I think I had one of the easier processes here.

Straight forward, done in less then 90 days. 5 minutes in and out of interview.

Just submit tons of evidence (I sent over 100 pictures in my package) and bring tons to your interview!

Good Luck!

/starburst

[Brother Hesekiel 2,235]

Don't send 100 pictures with your package--which is called "frontloading"-- send none.

Bring a nice photo album with your wedding photos to the interview, that's it.

I had 13+ years of overstay, I win.

[Kittyfang 6]

Again, maybe this will help put your mind at ease.

With our package, we will be sending tax papers for the last 3 years (our initial tax person didn't know that a non U.S. can use an ITIN instead of SSN, so we had to have the last three years amended to show that we are filing jointly), I will be sending a copy of the last bill of electricity (showing both names) as well as internet (showing both names), credit card (I scanned both cards, blacked out the middles numbers and highlighted the firsts and last as well as his name on one card and my name on the other), a copy of the waste management bill (showing both names) as well as two receipt from the vet where we take our pets at (it's not showing both names on the bill, but one bill is showing my name at our current address and the other bill his showing my husband's name).

I will also have an affidavit from a person or two.

As far as pictures go, I am sending 2 of our wedding and 4 taken during the past few years.

When the interview comes, I will bring the originals as well as picture albums (containing pictures and various greetings cards received over the years) and anything else that I can gather with a EAD or SSN.

I hope this makes you feel a bit better. I know how it feels to be stuck in this process.

[Starburst 4]

Don't send 100 pictures with your package--which is called "frontloading"-- send none.

Bring a nice photo album with your wedding photos to the interview, that's it.

I had 13+ years of overstay, I win.

IO said he appreciated I sent him pictures - he didn't have to spend time at the interview looking at more

And yes I'd say you def win!

[2annie 2]

Ok! I have in hand now a receipt and a tracking number and mailed the entire package to Chicago. looks like all we do now is wait to about mid Jan or so I did not send the I-160. But since I worked so hard on it I kept it. . .you know. . . just in case I feel as nervous as a cat on a hot tin roof.

does anyone know if I can get a drivers license interim? Mine expires in Dec this year. I thought I had read somewhere that when you get a receipt one can apply for a temporary one??

[Harpa Timsah 13,258]

Awesome! Here is the November filers thread if you want some good company!

http://www.visajourney.com/forums/topic/281046-november-filers/

As far as DL, you'll have to check with your state. In general, I don't think they accept your NOA1... or even your EAD. I think you might have to wait until you have your GC, but maybe your state is different. The DMV people really don't know or understand immigration, do they will just be looking at a list of acceptable docs. Good luck!

[2annie 2]

we got our emailed acceptance notice..

tnx Harpa

[Harpa Timsah 13,258]

Awesome!