i94 holder asked for green card - Need advie ASAP

[jobjones 0]

I have a i94 which i entered the USA with for a family vacation.

My wife (US citizen) and i have been married for over 6 years and have (kids US citizen). I'm the only one who isn't a US citizen.

When we were on vacation in the US we decided that we are going to make it our home. Wife and kids have no problem just i do.

I have filed for a change of status and filed the following docs i-485, i-130, i-765, g-325a, i-865, i-131 and some others.

My question is:

How long does it take to get approved in Florida? and how long til i get my travel permission (Mother is having major surgery)

Sent in my forms last week.

Thanks..

[jobjones 0]

It will take between four and six months normally to get all the process for AOS done. It's not sharing big difference among different states. Since I filed my AOS in FL too, there is something I think I can post here to share. I sent all my application documents back in early August and had AOS interview in late November this year. Now waiting for mails. Generally I think all together it will take me four months to have all the process finished. But since you have been married for 6 years, and I am not sure if you will be issued two years' conditional GC or ten years' one. Wish you good luck on your visa journey.

Thanks:

How long does it take to get approved in Florida? and how long til i get my travel permission (Mother is having major surgery)Anyways to get is faster

[Penguin_ie 5,986]

** moving from CR-21 spousal visa to AOS from Tourist visa forum ****

[AnotherLostSoul 167]

I think you'll be approved in no time even if you didn't sent any evidence of bona fide marriage but your marriage certificate. And you won't get a conditional green card at all, but a ten year one. Like the other poster said, for traveling you need to apply for I-131. Of the interview, just be honest, and you won't get hurt. I think as soon as USCIS will see that you've been married to your wife for 6 years, they will just say "nice to meet you, you're approved, bye!" I really feel they won't care why you entered...I feel that even if you told them that you and your wife with the kids decided to settle in the US they will not frown and say you are a fraud. Living in a marriage with someone for 6 years already proved you did not just got married to your wife so that you can get a green card. If that was the case, your wife would not be your wife by now as why would one wait for 6 years when you could just get married in a second to someone and get your green card within a couple months from the date of your marriage. And for exactly this reason did USCIS introduced the 2-year conditional green card. Many people (including I) get married and apply almost immediately for AOS. That, even if have good evidences of bona fide marriage, could still indicate that we simply divorce our spouse after we got our green card. So, USCIS secures that this is not the case by issuing a conditional green card that is only valid for two years. If two years later the couple goes back to remove this condition, USCIS believes that it is a real marriage as the couple have been living together for at least two years already. In your situation, living with your wife for 6 years totally overcomes this "threat" and you won't get a conditional green card. And I am pretty positive that you won't have any, I mean, ANY issues with immigration and how you guys entered the US for immigration purposes....Good luck to you!

[Moomin 292]

When did you submit the AOS package/what's the date on the receipt notice of action?

If you desperately need to travel, then gather proof of your mom's illness, the receipt from NOA1, arrange an infopass appointment and ask to have the AP(I131) expedited.

As a side note, I would like to add that it's usually suggested that you don't leave the country until greencard is in your hand regardless of having AP or not because you have an overstay and because you entered with VWP.

INstead of writing a whole bunch again, I refer to this post and two posts down you'll find a link where you can put in the local office and see the approx waiting time for interviews; http://www.visajourney.com/forums/topic/381066-adjustment-from-vwp-and-overstay/page__view__findpost__p__5576866

[Xanax 349]

You get my AP it took 60 days. If you fill in your timeline it should give you an estimate of your overall approval date and your EAD/AP approval date

[JimVaPhuong 4,863]

When did you submit the AOS package/what's the date on the receipt notice of action?

If you desperately need to travel, then gather proof of your mom's illness, the receipt from NOA1, arrange an infopass appointment and ask to have the AP(I131) expedited.

As a side note, I would like to add that it's usually suggested that you don't leave the country until greencard is in your hand regardless of having AP or not because you have an overstay and because you entered with VWP.

INstead of writing a whole bunch again, I refer to this post and two posts down you'll find a link where you can put in the local office and see the approx waiting time for interviews; http://www.visajourney.com/forums/topic/381066-adjustment-from-vwp-and-overstay/page__view__findpost__p__5576866

He said he has an I-94. They don't give those to people who enter using the VWP. They used to issue I-94W's, but they stopped doing that when they switched to ESTA. I don't think he entered using the VWP.

[KayDeeCee 4,892]

It takes 2-3 months to receive EAD and AP. Make an infopass appointment and bring proof of the emergency reason making you need to travel now. They may expedite your AP.

[Moomin 292]

He said he has an I-94. They don't give those to people who enter using the VWP. They used to issue I-94W's, but they stopped doing that when they switched to ESTA. I don't think he entered using the VWP.

I thought I caught that one. Good eyes, thank you, Jim.

Nevertheless, my suggestion is the same, just replace VWP with non-immigrant/tourist visa.

OP doesn't mention when they entered the US.

And of course, there are numerous amounts of people with overstays who re-entered with AP without issues. I don't wish to keep anyone from visiting home country yet it's only fair that OP has knowledge of the situation.

[jobjones 0]

You are right my mistake:

I came in on the VWP ESTA. I filled after 65 days so that i wont overstay.

The question is how long will it take now?

He said he has an I-94. They don't give those to people who enter using the VWP. They used to issue I-94W's, but they stopped doing that when they switched to ESTA. I don't think he entered using the VWP.

Edited November 30, 2012 by jobjones

[Hypnos 6,576]

4 - 6 months, like you were told in the second post.

[jobjones 0]

Thank you

4 - 6 months, like you were told in the second post.

[jobjones 0]

Update:

I recived 3 letters today i-797c - Notice of Action (all the below are being processed)

1, I-131

2, I-485

3, I-765

and a date for the biometrics - Dec 17th 2012

So what happens after the biometrics?

Thank you all for the replies.

[Xanax 349]

Update:

I recived 3 letters today i-797c - Notice of Action (all the below are being processed)

1, I-131

2, I-485

3, I-765

and a date for the biometrics - Dec 17th 2012

So what happens after the biometrics?

Thank you all for the replies.

You wait for further instruction.

[jobjones 0]

Thanks. You have no more insight?

You wait for further instruction.