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yulya

I-485 & I-130, please, advice!

By yulya in Adjustment of Status from Work, Student, & Tourist Visas

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yulya Rookie

yulya   0

Posted
Filed: Country: Belarus
 Timeline
Posted

Hello, everyone,

It's my first time here. I will be very grateful if any of you can advice on the following situation i have:

I came to the US on J-1 visa (summer travel program).

Changed my status to B2. It was valid till 07/11/2007.

Tried to extend, got a denial.

Have been out of status since then.

I met my hubby in 2006, had been dating for 4 years and just got married in March of this year. We are planning on filing I-485 and I-130.

I was wondering if there is a hope that my I-485 will be approved even if i have been unlawfully present to the US for so long. I had researched and found out that immediate relatives(a spouse in my case) of a USC can be forgiven and adjust the status based on marriage. Will it be the case in my situation even though i have stayed in the country after the denial of extension of B2 status.

My J-1 did not have 2 years residence requirement.

Thank you in advance!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

It should not be an issue - overstay is not that "adverse" based on marriage to an USC. Barring any other adverse factors, you can AOS successfully.

You should file the AOS asap - as your status can cause issues if ICE finds you prior to that.

Do not bother with the AP for travel, you can't use it. Do not leave the US till you have the GC in hand.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

GabiandVi Proficient

GabiandVi   34

Posted
Filed: AOS (pnd) Country: Benin
 Timeline
Posted

If you have not been working using a fraudulent SSN, then you shouldn't have a problem. The fact that you have been dating your husband since before your overstay began should be good proof of a bona fide marriage, but it will also raise the question as to why you waited so long to get married. (Not for me, but be prepared for the question.)

AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

Be sure to :guides: for further clarification...

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

yulya Rookie

yulya   0

Posted
Filed: Country: Belarus
 Timeline
  • Author
Posted

Thank you guys!

For work I have been using my own social security that was issued to me as a result of J-1 granted.

We did not get married quickly due to the age and all. When I came to the US I was just turning 19, and my hubby at that time was 22, so we did not even think of getting married.

OK, so as one of you mentioned i should not bother with I-130? I think that makes sense since i overstayed for so long.

I have one more question for you all:

On I-485 I am asked for A number, I do not think I have it, how would I know?

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

No, you have to file the I-130 as part of the package. I don't know if you got an A# with your original J-1 visa application, check that paperwork?

Edited to add: the A# is your Alien Registration #; mine was assigned as part of the I-130.

Edited by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Dogwood_Poet Collaborator

Dogwood_Poet   16

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Question for a friend of mine, he came here on a J-1, has an A# & social, I thought he just had to file for AOS as filing I-130 would generate an interview in his home country.

Sorry, he and I have both searched the forums and maybe we missed the answer.

Thanks!

Ako gugma ko GWAPA asawa Kathlene!

(I love my BEAUTIFUL wife Kathlene!)

_________

"A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing."

George Bernard Shaw

Alla Collaborator

Alla   3

Posted
Filed: AOS (apr) Country: Belarus
 Timeline
Posted

Thank you guys!

For work I have been using my own social security that was issued to me as a result of J-1 granted.

We did not get married quickly due to the age and all. When I came to the US I was just turning 19, and my hubby at that time was 22, so we did not even think of getting married.

OK, so as one of you mentioned i should not bother with I-130? I think that makes sense since i overstayed for so long.

I have one more question for you all:

On I-485 I am asked for A number, I do not think I have it, how would I know?

You have to file I-130, I-485,I-765 and all supporting forms like I-693 and I-864.

It will be total $ 1,010 and $ 355 as I remember. But check before sending out as they change them once in a while.

Alien number is N/A for you. I'm also adjusting from J1. if you have questions while filling out the forms , you are welcome to ask!!!

:thumbs:

Alla Collaborator

Alla   3

Posted
Filed: AOS (apr) Country: Belarus
 Timeline
Posted

Question for a friend of mine, he came here on a J-1, has an A# & social, I thought he just had to file for AOS as filing I-130 would generate an interview in his home country.

Sorry, he and I have both searched the forums and maybe we missed the answer.

Thanks!

How can he file I-130 and be in another country? I'm sorry , could you explain more detailed.

Dogwood_Poet Collaborator

Dogwood_Poet   16

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

How can he file I-130 and be in another country? I'm sorry , could you explain more detailed.

Sorry!

What I meant is he came on a J-1 visa, while he was working he met and married his wife, so they are both living in the US now.

What is confusing us is the fact a I-130 is a spousal visa with interview in the petitioner's home country. So we thought that would require him to return home for an interview. He said he answered most of the same questions on the J-1.

Ako gugma ko GWAPA asawa Kathlene!

(I love my BEAUTIFUL wife Kathlene!)

_________

"A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing."

George Bernard Shaw

Alla Collaborator

Alla   3

Posted
Filed: AOS (apr) Country: Belarus
 Timeline
Posted

Sorry!

What I meant is he came on a J-1 visa, while he was working he met and married his wife, so they are both living in the US now.

What is confusing us is the fact a I-130 is a spousal visa with interview in the petitioner's home country. So we thought that would require him to return home for an interview. He said he answered most of the same questions on the J-1.

No,no,no... If he will file I-485 and I-130 he will have interview here, in US. This is what I'm going through right now along with hundreds of others. I-130 is for spouse inside US

yulya Rookie

yulya   0

Posted
Filed: Country: Belarus
 Timeline
  • Author
Posted

To Alla:

Thank you! Yeah, I meant to say that I should not bother with I-131, sorry, it was a typo! And by the way, I am also from Belarus! Do you have an email that I can contact you at if I have questions,of'course if you do not mind... Spasibo!

GabiandVi Proficient

GabiandVi   34

Posted
Filed: AOS (pnd) Country: Benin
 Timeline
Posted

Sorry!

What I meant is he came on a J-1 visa, while he was working he met and married his wife, so they are both living in the US now.

What is confusing us is the fact a I-130 is a spousal visa with interview in the petitioner's home country. So we thought that would require him to return home for an interview. He said he answered most of the same questions on the J-1.

On the I-130 there is a question about which country's consulate your spouse will be interviewed in or which service center they will be interviewed in. If you file the I-130 alone, when it is approved, your spouse has to file an application for an immigrant visa. Depending on how he fills that out, the application will be forwarded to the appropriate consulate. Or, he can file an I-485 if he is residing in the US.

Alternatively, and a much better option if you can do it, is to file the I-130 and I-485 concurrently, which is what people on this discussion page have done.

AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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