Jump to content

15 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Japan
Timeline

Hello, I'm new here.

I was worried. My visa(O-1) and I-94 will be expired the end of May. I married US citizen on March 2012.

I've sent I-130 last week. I didn't know I could sent I-485...... my question is when my i-94 is expired, I'll be illegal?

I have to go back my country or stay here till get my GC.

Should I use attorney?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline

Go ahead and file you 485 as well, you do that and have your case become concurrent. Any overstay will not matter, it is forgiven for spouse of US citizens.


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

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Japan
Timeline

Go ahead and file you 485 as well, you do that and have your case become concurrent. Any overstay will not matter, it is forgiven for spouse of US citizens.

Thank you! so should I wait to get approved i-130. and then send i-485, right?

I don't need an attorney?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline

Thank you! so should I wait to get approved i-130. and then send i-485, right?

I don't need an attorney?

No, you don't need an attorney and no you don't have to wait.

Do some reading on here and ask questions and you will have all the knowledge you need.

If you can follow instructions and fill out simple forms, you an easily do it yourself.


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

Share this post


Link to post
Share on other sites

Thank you! so should I wait to get approved i-130. and then send i-485, right?

I don't need an attorney?

No NO No. if you read the previous response, it suggests that you send a I-485 and ALL of the supporting paperwork NOW so you can change to a concurrent I-130/I-485 application. Include a copy of your NOA1 from the I-130 and your cases will be matched up and processed together. You do not need to wait for I-130 approval.


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

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

Share this post


Link to post
Share on other sites

Yep! If you do that you will turn it into a concurrent case and you will wait here until you get your Greencard (or temporary travel permission called Advance Parole).

Keep in mind this is not a good plan if you have business you need to attend to in Japan. If you leave the US before getting approved travel permission, called Advance Parole, your I-485 will be considered abandoned and you will lose $$ and be stuck outside the US.

Is staying in the US a good option for you?


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

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

Share this post


Link to post
Share on other sites
Filed: Timeline

Thank you for all. I felt better now.

I'm working US so It's better to stay here and I have a husband.

Hope I get GC soon so I can visit Japan.

Thank you again!!!!!

If USCIS receives your I-485 before your I-94 expires, your status will be put on hold and you will not be overstaying at all. When you submit I-485, you can also submit I-131 to request advance parole, which you can use to travel even before your GC, PROVIDED that you have not incurred a bar by overstaying any I-94 for more than 180 days. Do not leave the U.S. without advance parole, or your I-485 will be cancelled. Also submit I-765 for an employment authorization document allowing you to work before your GC is approved. Both I-131 and I-765 can be submitted with I-485 and are free if you do it this way.

Edited by grrrrreat

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Japan
Timeline

If USCIS receives your I-485 before your I-94 expires, your status will be put on hold and you will not be overstaying at all. When you submit I-485, you can also submit I-131 to request advance parole, which you can use to travel even before your GC, PROVIDED that you have not incurred a bar by overstaying any I-94 for more than 180 days. Do not leave the U.S. without advance parole, or your I-485 will be cancelled. Also submit I-765 for an employment authorization document allowing you to work before your GC is approved. Both I-131 and I-765 can be submitted with I-485 and are free if you do it this way.

Okay, It's very clear now.

Thank you!

Share this post


Link to post
Share on other sites
Filed: Timeline

Another Question....

I'm working on I-765

Question 11, Have you ever before applied for employment authorization from USCIS?

Am I "Yes"?

I have O-1 visa holder...

Is the O-1 visa the only document you have? The answer is no in that case because an O-1 visa is not the same as an employment authorization from USCIS.

Question 15 asks about your current status and you will write O-1 there.

What is your extraordinary ability? Just curious.

Edited by grrrrreat

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline

What is your extraordinary ability? Just curious.

Maybe she is the model on her avatar? That would be pretty extraordinary. ;)


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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...