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cbunny

How will time of being out-of-status affect the process

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Hi. I've been in the US for over 11 years, always with students visas or G-4, and lastly a TN-1 visa which was ending last April 5th(2012). My husband (USC) and I got married on March (2012,too) after knowing each other for little over a year. It's been six months since then and for a couple reasons we haven't filed yet. How will this time of being of of status hurt our application? Are they gonna give me a hard time when we finally apply?


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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You will be fine. The overstay is explicitly forgiven for people adjusting status based on marriage to a US citizen. You haven't yet reached the 6-months-of-overstay mark where leaving the country will get you a ban, but it would still be prudent to remain in the US until you have your green card in hand.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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You will be fine. The overstay is explicitly forgiven for people adjusting status based on marriage to a US citizen. You haven't yet reached the 6-months-of-overstay mark where leaving the country will get you a ban, but it would still be prudent to remain in the US until you have your green card in hand.

im not clear what you mean with "You haven't yet reached the 6-months-of-overstay mark where leaving the country will get you a ban"...?


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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You have a period of overstay forgiveness which means you will not get a ban even with an overstay of your visa. Any time past that and you can get a ban which takes places when you leave the US. So file your paperwork, and don't leave the US until you have the greencard in hand.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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I understand... but I dont think I ever said I wanted or was planning to leave the US.


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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Out of status will not affect your AOS application,but you need to start the process ASAP before you get picked up by ICE because being in removal proceesings is a headache and some.

Edited by Newbie608

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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Out of status will not affect your AOS application,but you need to start the process ASAP before you get picked up by ICE because being in removal proceesings is a headache and some.

We haven't started the process because my husband (the USC) doesn't have a job... so the affidavit is the problem... and we really don;t want to get a co-sponsor... what if I apply with a bad affidavit? I'm assuming they ask for more information, but then what... do you just move to a stand-by pile (while we get the necessary stuff for a good affidavit)?


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

Share this post


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We haven't started the process because my husband (the USC) doesn't have a job... so the affidavit is the problem... and we really don;t want to get a co-sponsor... what if I apply with a bad affidavit? I'm assuming they ask for more information, but then what... do you just move to a stand-by pile (while we get the necessary stuff for a good affidavit)?

You'll receive an RFE and if you don't comply your case will be considered abandoned. Your best option is to consider getting a co-sponsor for the sooner you can get your paperwork in order, the better for both of you.


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www.ffrf.org




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