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Maria0101

B2 expired overstayed, Married to a citizen

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Filed: Other Country: Mexico
Timeline

I'm a usa citizen and i'm married to a b2 visa holder but his visa expired on 2010, he came to usa on 2003 and overstay, on 2004 we had our first kid and now we have 3 kids but we weren't married, we just got married last year. Now i want him to get his green card, my lawyer already filled form I-130 and send it i got back form 1-797c notice action on august 29, haven't received anything else. i started to search online and i found that we had to filled form I-130 along with I-485 I-765 G-325A I-864 I-485 .. is that true or his situation is different since his visa already expired. what do i do now ,lawyer wants to charge more and i guess i'll just do this by myself. thank you

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Follow the guide: http://www.visajourn...page=i130guide2 and instead of enclosing an I-130 simply include a copy of your I-797C NOA for the I-130 you have already filed. This will match it up in the system with your previously-filed I-130 and it will then proceed as a concurrently-filed case.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: AOS (apr) Country: Canada
Timeline

Is this an immigration lawyer? Because it doesn't sound like he knows what he's doing.

You should have filed all your forms at once (concurrently). But, it's still fixable. You should follow the guide for concurrent filing, only in place of the I-130 packet, include your NOA for the I-130. Here's the guide: http://www.visajourney.com/content/i130guide2

And I wouldn't give that lawyer any more money. Maybe you should try to get back the money you already gave him, he cost you a lot of time by not filing correctly. It's one thing for a regular person to make the error of filing the I-130 separately, but a lawyer should really know better.

Good luck.


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: AOS (apr) Country: Canada
Timeline

I'm a usa citizen and i'm married to a b2 visa holder but his visa expired on 2010, he came to usa on 2003 and overstay, on 2004 we had our first kid and now we have 3 kids but we weren't married, we just got married last year. Now i want him to get his green card, my lawyer already filled form I-130 and send it i got back form 1-797c notice action on august 29, haven't received anything else. i started to search online and i found that we had to filled form I-130 along with I-485 I-765 G-325A I-864 I-485 .. is that true or his situation is different since his visa already expired. what do i do now ,lawyer wants to charge more and i guess i'll just do this by myself. thank you

I take it back, it sounds like the lawyer knows exactly what he's doing.


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Other Country: Mexico
Timeline

thank you, do you know if we could just send the I-485 and I-765 so he could start working legally, or he has to filed the I-693 and I-864 at the same time or could he do that later. also on the application G-325A does he has to put all his employments last five years, would it get him in trouble if he puts the companies names because he is working and we had filed our taxes together.

Edited by Maria0101

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Filed: Other Country: Mexico
Timeline

he isn't really a immigration lawyer, but since he is a "friends friend" we trusted him, but he just want to charge to filled the forms, which i found that are really easy.

I take it back, it sounds like the lawyer knows exactly what he's doing.

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Filed: AOS (apr) Country: Canada
Timeline

thank you, do you know if we could just send the I-485 and I-765 so he could start working legally, or he has to filed the I-693 and I-864 at the same time or could he do that later. also on the application G-325A does he has to put all his employments last five years, would it get him in trouble if he puts the companies names because he is working and we had filed our taxes together.

You need to send it all together. The I-864 and I-693 go with the I-485. For the G-325A, he should put all his previous employers, whether legal or not. Illegal work is not usually an issue.

Did you file taxes jointly and accurately?


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Other Country: Mexico
Timeline

thank you , yes we have filed jointly and put our kids as our dependents.

You need to send it all together. The I-864 and I-693 go with the I-485. For the G-325A, he should put all his previous employers, whether legal or not. Illegal work is not usually an issue.

Did you file taxes jointly and accurately?

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Filed: Other Timeline

If a foreigner becomes the spouse of a U.S. citizen and wants to reside in the United States, they would file for Adjustment of Status (AoS) with the USCIS.

The following forms are needed:

I-130 (Petition for an alien relative),

I-485 (AoS),

I-864 (Affidavit of Support),

2 x G-325a (biographic info for both of you),

I-693 (the medical), and

I-765 (work permit—EAD)

The latter one is optional but FREE when submitted concurrently with the other forms what you want to do anyway, so absolutely file it!

Also needed is a check for $1,490. Personal check is okay and preferred as it allows you to trace when it was "cashed."

After about 10 to 12 weeks your husband will receive a plastic card which is the work permit (EAD). At about the 3 to 5 months mark, you'll have the interview. Thereafter he will receive his "conditional," 2-year Green Card.

Since your lawyer didn't know what he was doing, you will submit a copy of the approved I-130 with your AoS package. This way the two petitions will be joined at the USCIS.

Ask your lawyer to give you your money back. He's incompetent and his incompetence would almost have initiated consular processing in Ciudad Juarez. If your husband would try to attend the interview there, he'd not be coming back, based on the 10-year bar he would trigger when leaving. For that very reason do NOT file an I-131.

Edited by Brother Hesekiel

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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