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Need Some Advice Please

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Hi, I've just registered and have been reading the guides and posts on this website but i'm still a bit confused and have some questions.

I came from the UK under the VWP in December 2010 to visit my family who are in the US. Basically i had no intentions of getting married and without going in to all the details i did get married to my wife who is a USC.

As i am still in the US i want to file the papers so that i can stay and also be able to work. I'm not sure exactly which forms are the right ones that i need to file as the guides talk about the application process for those who have a visa.

My wife has already completed the I-130 for me and sent it off along with the G325-A forms for both of us. I know that this form is to verify that we are genuinely married etc. but does it allow me to stay in the US once we have our interview and it has been approved? I'm not too sure about what exactly happens with this form.

What is the purpose of the I-485 and was i meant to send it along with the I-130? If so do i need to start the whole application from scratch or can i just submit the I-485 now on its own? Or do i need to wait now until the I-130 has been processed and then file the I-485? If i need to wait then it will take even longer for the whole thing to be processed. So what would happen in the mean time while the application is being processed as i can only stay for 90 days?

Am i allowed to submit the I-765, Application For Employment Authorization? I read through the instructions but i'm not sure which category i would come under as i came on the VWP.

Sorry for all the questions and i hope they make sense. I'm sure there are others on here that have been through the same situation, so any advice would be really appreciated.

Thanks

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The I-485 should have been sent off with the I-130 if you want to stay in the US and adjust status (i.e., get a green card and stay in the US). At this point, if you do want to stay to adjust status, you can send the I-485 once you get NOA1 (Notice of Action Form I-797C [Receipt Notice]), as long as you send a copy of the NOA1 with your I-485. Note that the I-485 needs to be accepted before your 90-day stay is up. Once the I-485 is accepted you'll be in a new period of authorized stay.

If you file the I-485, you can concurrently file the I-765 for Employment Authorization and the I-131 for Advance Parole (permission return to the USA if you leave while awaiting your application is processed).

If you can't get your I-485 accepted before your 90-day stay is up, you'll likely have to return to the UK and go through the CR-1 process.

My wife and I were in the same situation (VWP entry), although we had a short overstay. PM me if you have any questions at all.

Good luck!

AJ


Our Timeline (AOS from VWP with short overstay):

Day 00: 19 Sep 2010 AOS package (I-485, I-130, I-131, I-765) sent to Chicago Lockbox

Day 18: 07 Oct 2010 Biometrics appointment letter received for 29 Oct 2010 (dated 01 Oct 2010)

Day 19: 08 Oct 2010 Walk-in biometrics (took about 10 minutes)

Day 47: 05 Nov 2010 Received letter (dated 01 Nov 2010) for Interview on 07 Dec 2010

Day 68: 26 Nov 2010 I-131 TOUCHED: AP approved

Day 73: 01 Dec 2010 I-765 TOUCHED: EAD approved

Day 76: 04 Dec 2010 AP received

Day 79: 07 Dec 2010 Interview at 1 p.m. (took maybe 15 minutes): RECOMMENDED FOR APPROVAL!

Day 82: 10 Dec 2010 EAD received (dated 01 Dec 2010)

Day 83: 11 Dec 2010 "WELCOME TO THE UNITED STATES OF AMERICA" letter received (dated 07 Dec 2010)

Day 90: 18 Dec 2010 GREEN CARD IN HAND! (dated 07 Dec 2010)


Day 000: 27 Nov 2012 ROC package (I-751) sent to California Service Center

Day 005: 03 Dec 2012 Received hard copy of NOA (dated 28 Nov 2012)

Day 244: 29 Jul 2013 Biometrics appointment letter received for 07 Aug 2013 (dated 27 Jul 2013)

Day 247: 01 Aug 2013 Walk-in biometrics (took about 25 minutes)

Day 308: 01 Oct 2013 Received approval notice for ROC (dated 24 Sep 2013)

Day 317: 10 Oct 2013 GREEN CARD IN HAND!

 

Day 000: 16 Sep 2017 N-400 filed online

Day 007: 23 Sep 2017 Biometrics appointment scheduled for 12 Oct 2017

Day 024: 10 Oct 2017 Walk-in biometrics (took about 10 minutes)

Day 059: 14 Nov 2017 Received notice that Interview scheduled for 19 Dec 2017

Day 066: 20 Nov 2017 Received hard copy of Interview notice (dated 14 Nov 2017)

Day 094: 19 Dec 2017 INTERVIEW (PASSED!)

Day 145:  08 Feb 2018 OATH CEREMONY

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Thanks for the reply and info.

I'm going to send the I-485, I-765 and the I-131 off together and just wanted to know if i need to include three G-1145 forms for each of the applications or just one for the whole thing?

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You need to send the I-485 packet with a copy of the NOA1 for the I-130, so they can match them up. Only one G-1145 is needed.

What state do you live in? You need to get the I-485 accepted for review before your 90 day stay is up, or you will potentially suffer serious consequences which could be avoided. If you can't get it accepted before the 90 days are up (and this take usually a week from when it arrives there, but can take more), then it might be better to return to the UK and let the spousal visa process come through. Some district offices are automatically denying AOS from VWP-overstay, based on the overstay and the waiver you signed waiving your right to an immigration trial. Good luck.


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

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

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Ok thanks for clearing that up.

I'm in California and have about 4 weeks before my 90 day stay period finishes. All the forms are all completed along with the required documents and are ready to be sent off except from one thing; the medical report. It just depends on how long it takes to get that. If it takes quite a while to get this report and gets too close to the end of the 90 day stay period before the papers have been sent off, then i will just have to go back to the UK and apply from there.

Thanks

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The medical takes a few days for results to show. An initial appt, then another a few days later.

California (particularly the San Diego office) are denying VWP overstays.

Also, I want to stress that you need to include a copy of your I-130 NOA1 so they can get matched up. If your I-485 gets rejected at the mail room, you won't know until it comes visa snail mail and it may be too late.

Get that application off asap, and good luck. :)


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

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

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Yeah i have seen that the San Diego office is rejecting VWP overstays on a few other posts on here. If it gets too late then i'm just gonna go back and not risk it.

I have included a copy of the I-797C, Notice of Action that i recieved after filing for the I-130. I take it that i just need to attach once copy to the I-485 only and not the I-765 and I-131 as well. Do they need a copy of the I-130 form too or is the I-797C good enough on its own?

Thanks

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Just to confirm a few things before sending off. On the G-325A i selected the box that says 'Status as Permanent Resident'. I wasn't sure if i choose 'Other' and type in 'I-485' like i did with the I-130 which has already been submitted.

On the form it also asks for 'Applicant's residence last five years. List present address first'

Now do i put the address where i am currently staying in the U.S since i have been here? Or is it just asking for the addresses of the places where i have lived in the UK?

Everything else is pretty much ready to send off apart from the medical report which i should have pretty soon.

This is my checklist so far.

  • Cover letter explaining what i have already filed for and the contents of this application

Form I-485 with attachments:

  • I-797C, Notice of Action
  • G-1145
  • Check for $1070.00
  • Copy of birth certificate
  • Two photographs
  • I-693, Medical Report (On its way)
  • G-325A, Biographic Information
  • I-864, Affidavit of Support with
    • Copy of the income tax return for 2010
    • Copy of W-2

Form I-765 with attachments:

  • Copy of my passport ID page
  • Two photographs

Form I-131 with attachments:

  • Copy of my passport ID page
  • Two photographs
  • Answer to question in Part 7

I dont have a visa in my passport so obviously cant show a copy of that. I only have a stamp that i got when i entered but i dont need to send a copy of that page do i?

I hope that is everything that is required to at least get my application on its way and hopefully not sent back.

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Yes to status as perm. resident.

Use present address in US for current.

YES send a copy of your stamp. You want to prove you entered the US legally and that is your proof.

I think otherwise it looks fine. Someone else will pipe in if they see something missing. Good luck.


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

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

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On each of the form you file you have the instructions you need to add, make sure you review everything since visa journey is great but anyone could miss an important point, good luck!


7/28/04 we met

10/ /06 started dating long distance, not fun

7/15/08 we gave birth to a beautiful baby boy

11/11/10 we got married in amazing Santa Barbara

11/17/10 mailed I 130, I 131, AP and EAD

11/25/10 package received

12/06/10 checks cashed

12/08/10 Email/ text

12/11/10 NOA hard copies in the mail

01/ /11 biometrics walk in successful in Oxnard

02/07/11 EAD in production, AP post decision activity

02/11/11 AP in hand

02/14/11 EAD in the mail!!!!!!!

02/17/11 EAD in hand + applied for SSN

04/13/11 Interview and Approval letter, card in production!!!

Thank you visa journey!

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Yes to status as perm. resident.

Use present address in US for current.

YES send a copy of your stamp. You want to prove you entered the US legally and that is your proof.

I think otherwise it looks fine. Someone else will pipe in if they see something missing. Good luck.

Thanks for clearing up the address question. So for that question i put my current US address and my address where i lived in the UK.

For the next part 'Applicant's last address outside the United States of more than 1 year.' I have put in the same UK address from the previous question. I hope that's the right way of completing it.

Which forms should i attach the copy of the stamp page to? Just the I-485 or the I-765 and the I-131 as well?

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Just want to confirm that this is the correct address where i should be sending all of this stuff?

USCIS

Attn: FBAS

131 South Dearborn – 3rd Floor

Chicago, IL

60603-5517

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