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Applying for Change of status after the expiration of lawful status

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So i came to US to visit my family (on a visitor visa). I was going to college back home to i had no desire to stay any longer. Long story short, my american boyfriend proposed and asked me to stay, my i94 expired on January 19. I was so confused i didn't know what to do, i needed some time to think, i also wanted to get married and convince him to travel with me overseas, which didn't happen, i spoke to an attorney 1 day before my i94 expired, he said apply for the extension of stay, which i did right away. But i received a letter about a month ago from immigration & extension was rejected. So right now, i'm no longer under lawful status, my husband before i travel back, he wants me to submit i130 & i485 (adjustment of status for spouse) forms. And it required work, so it took us some time to get all the papers ready, i am now very stressed, what if they reject my case because my status is expired basically, i don't have any options though.

Should i leave the country now without applying first?

My (now) unlawful status would make it difficult for the case to be approved?

Would really appreciate some advice.


My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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the I-485 plus I-130 'set'

is for adjustment of status, ultimately a green card is issued

and

this is NOT the same process as chasing after a spousal visa.

If that set is filed, one remains in the USA until the green card is issued.

If this set is filed, and you leave the country, USCIS views your leaving as ABANDONING the Adjustment of Status Process.

For now, if you wish a green card, file, stay in USA, forget about your schooling 'overseas' for now.

The overstay is forgiven ONCE the greencard is issued.

Filing for Adjustment of Status stops the clock, but there are other things to worry about.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Overstay is not penalised at adjudication for immediate relatives of a US citizen, such as a spouse. If you are out of status for five days of fifteen years it will have no impact on your case, provided you can prove that you entered legally.

If you wish to stay in the US then follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

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

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Don't leave the country until you got the greencard in your hand!


Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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So, should i send them a i-539 form receipt ( proof that i applied for the extension). Also a written explanation ? because they wouldn't know why the hell am i sending that.



Also, should we send both i-130 & i485 forms together along with the required documents? Like as one pile? for should they be put in different envelops ?


My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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I put mine in the same envelopes but separate into 2 packets inside. not 1 pile. (I dont know what other people do). Not sure about the I-539 sorry.

But yes you can't leave the country if u plan to file I-130 and I-485. Overstay is not the problem at all. Just don't leave.



event.png


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If you leave the country without a green card, you will not be able to return or try to adjust status outside the US.

If you still decide to leave, know you have to apply for a spousal visa, which can take from 9 months to a year to get.

These are your two choices.



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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So, should i send them a i-539 form receipt ( proof that i applied for the extension). Also a written explanation ? because they wouldn't know why the hell am i sending that.

It's not required, at all.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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So, should i type in all the information or is it okay if i write it, because most of the forms are printed already, i can start a new form, type in all the info & then print if required but will have to waste the ones i printed.


My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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Also what's "Alien Registration number" that's written in the bottom of G325 Form. How do you get it?


My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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Also what's "Alien Registration number" that's written in the bottom of G325 Form. How do you get it?

You'll receive one once you've submitted your forms to USCIS and they have issued receipt notices. For now, don't worry about it, leave it blank.


AOS JOURNEY FROM VISA WAIVER PROGRAM
EAD (I-765) APPROVED IN 30 DAYS
I-485 APPROVED IN 96 DAYS
• I-130 APPROVED IN 96 DAYS

---------------------------------------------------------------------------------
Full timeline (click show)

Day 1 - April 10th, 2013 - I-485, I-130, I-765 Mailed

Day 2 - April 11th, 2013 - Delivery confirmation, Chicago

Day 9 - April 19th, 2013 - Text NOAs for all three - NBC

Day 12 - April 22nd, 2013 - NOAs in mail for all three - NBC

Day 15 - April 25th, 2013 - Biometric walk-in at Fort Worth

Day 28 - May 8th, 2013 - RFE received (I-485) - immediately responded by fax

Day 30 - May 10th, 2013 - EAD approved, card sent to production

Day 35 - May 15th, 2013 - RFE processed for I-485

Day 38 - May 18th, 2013 - EAD card arrives in mail!

Day 41 - May 21st, 2013 - I-485 updated to "Testing and Interview"

Day 51 - May 31st, 2013 - Interview scheduled for July 16th, Dallas

Day 62 - June 11th, 2013 - Started work as a Systems Engineer (IT)!

Day 96 - July 16th, 2013 - Approved at interview in Dallas, Texas! (I-485)

Day 96 - July 16th, 2013 - I-485 updated to "Card/Document production", I-485 updated to "Approved, mailed welcome letter", I-130 updated to "Approved"

------------------------------------------------------------------------

Day 104 - July 24th, 2013 - Green Card arrives in mail

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What's Visa number? Is it same as control number?


My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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http://www.***removed***/visas/sample-usa-non-immigrant-visa.html

Is the control number at the top right same as visa number? There is a question about 'Visa number' in form i-485.


My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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You can enter that one or the other number in red text, it doesn't really matter. I think the red one is technically the visa number, but they can cross-reference either way.


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

Removal of conditions, Aug - Nov 2014

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Visa number is printed in red on your visa.


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

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