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js0622

visa process duration and can I stay in USA?

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Hi everyone,

I am so thankful for this helpful website.

I am a Canadian citizen who married an American citizen in Canada and moved to the US. We are doing all the immigration documentation on our own so it is difficult and can get confusing.

First I am going to summarize my immigration process so far.

  • I came in as a treaty visitor from Canada and applied for i130 but not the i485.
  • i130 finally approved but cant apply for i485 because visitor visa over stayed at this time (unintentionally)
  • i130 documents and approval was sent to NVC and now I have to apply for the affidavit of support and continue the process

I have a few questions.

Which visa would I get?

How long does the process take?

Is it okay if I will be living in US until I have to go there for the interview or to pick it up in Montreal?

Once I get the visa do I automatically get a green card or do I have to apply for i485 still?

Thank you so much for you help!!

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Overstay is irrelevant for spouses of USCs who adjust in country.

You can file I-485.

Don't do anything with NVC.

Don't leave the US, or you will be banned from returning because of your overstay.

File I-485.


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

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

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?

Overstay is irrelevant for spouses of USCs who adjust in country.

You can file I-485.

Don't do anything with NVC.

Don't leave the US, or you will be banned from returning because of your overstay.

File I-485.

Thank you for you reply.

But does USCIS need any kind of proof that I came in legally, because i drove through the boarder as a treaty and never got a stamp or an i-94, and when I went to ask for an i-94 to the boarder protection they said that they cant give it to me because i over stayed and basically I am here illegally?? And is it possible they will deny it because I overstayed the visitor visa?

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Not possible to be denied for overstay in your situation.

Yes, you need to show proof of legal entry. They understand that Canadians do not get I-94s (though you might check on the electronic I-94 database now). However, you should write up the details of your entry. If there is an issue then it is up to you to provide the proof, but there probably won't be a problem. Did they scan your passport when you entered?


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

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

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Not possible to be denied for overstay in your situation.

Yes, you need to show proof of legal entry. They understand that Canadians do not get I-94s (though you might check on the electronic I-94 database now). However, you should write up the details of your entry. If there is an issue then it is up to you to provide the proof, but there probably won't be a problem. Did they scan your passport when you entered?

Yes the scanned my passport and I know they have it somewhere in the system that I crossed the boarder. But no stamp in my passport or I_94... Do you know if there is anything else entry related that I can provide as proof? Or should I write a letter explaining the situation?

Your replies have been a tremendous help! Thank you!

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Yes the scanned my passport and I know they have it somewhere in the system that I crossed the boarder. But no stamp in my passport or I_94... Do you know if there is anything else entry related that I can provide as proof? Or should I write a letter explaining the situation?

Your replies have been a tremendous help! Thank you!

If they scanned it then you are good. Do write a letter, a little "attestation" that you came on such and such a date, where you crossed, etc.

Also check for en electronic I-94. They are online now and if you scanned your passport one may have been made. Google "electronic I-94" and the link should come up on the CBP website.


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

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

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There are some nuances with adjustment of status for those who entered on Visa waiver Program. I remember my lawyer mentioned it once.

So double check it before you file I-485.


I-130 filed - 30/01/213
I-130 approved - 30/10/213 Error in I-130
I-824 filed 24/03/2014
I-824 approved 21/06/201
NVC case number - 29/07/2014
DS 261sent, AOS fee paid - 30/07/2014
AOS sent - 05/08/2014

IV invoice received and paid - 09/10/2014

DS 260, IV documents sent - 09/13/2014

Case Complete - 09/30/2014

waiting for the daughter's CC (checklist Oct 01/2014, Second checklist - Dec 03/2014)

Interview letter received Dec. 04

Medical scheduled Dec. 23

Interview date Jan. 23

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Yes the scanned my passport and I know they have it somewhere in the system that I crossed the boarder. But no stamp in my passport or I_94... Do you know if there is anything else entry related that I can provide as proof? Or should I write a letter explaining the situation?

Your replies have been a tremendous help! Thank you!

Same situation here, last time I entered USA was via airport and I do not have a stamp on my passport but they scanned it with the current visa back then. During the interview the IO asked me for the date of last entry to USA and I gave her the date I wrote in the forms.


dAdjusting from F1

05/21/14 Package sent via FedEX

05/23/14 (day 1) Package delivered Chicago Lockbox 10:29am signed by J.Chyba

05/29/14 (day 6) emal/txt message NOA1

06/03/14 (day 11) paper NOA1 arrived in the mail

06/07/14 (day 15) Biometrics notice in the mail/ appointment June 19, 2:00pm

06/19/14 (day 27) Biometrics done

06/26/14 (day 34) email notification I-485 case status "Testing and Interview"

07/18/14 (day 56) email/txt notification Interview letter was sent on the mail. Interview date 08/20/14

07/21/14 (day 59) hard copy in the mail for AOS interview date

08/05/14 (day 74) email/txt notification EAD card is in production (59 days after Biometrics)

08/08/14 (day 77) email/txt notification EAD card has been mailed

08/09/14 (day 78) EAD in hand (4 days after "card production" notification)

08/20/14 (day 89) AOS Interview -APPROVED!!! 2 hrs after interview received text/email notification "card in production". 5 hrs after interview received text/email notification I-130 has been approved/notice of permanent resident status has been registered

08/28/14 (day 97) NOA2/Welcome to USA notice arrived in the mail

08/28/14 (day 97) email/txt notification Green Card has been mailed with tracking # -sent priority mail 2-Day

08/29/14 (day 98) GREEN CARD in hand delivered at 1:17pm . Yes it is green! :dance::D:dance::D:dance::D:dance:

RoC

08/01/16 I-751 sent via USPS Express Mail

08/02/16 (Day 1) Package delivery confirmation USPS 10:17am PDT

08/04/16 (Day 3) Check cashed

08/06/16 (Day 5) NOA I-797 Received on the mail dated 08/02/2016

09/20/16 (Day 50) 45 days after receiving NOA -1yr permit extension- I filed service request to inquire about Biometrics appointment letter

09/29/16 (Day 59) Biometrics appointment letter received dated 9/24/16

10/11/16 (Day 71) Biometrics completed. *Also, received on the mail response letter from previous service request filed with copy of Biometrics appointment letter.

11/11/17 (Day 466) Case Status changed to New Card Production

11/16/17 (Day 471) Case Status indicate  New Card being sent on the mail .:dance::dance::D:dance::dance::dance:

11/17/17 (Day 472) I-797  Notice of Removal of Condition being approved received in the mail.

11/20/17 (Day 475/15 months 18 days) New Lawful Permanent Resident arrived in the mail; card in hand at last! :dancing:

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1. Canada is NOT on the VWP.

2. AOS from VWP is now exactly the same as any other, except there is no option for appeal.


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

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

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The I-94 is all electronic now. You don't need stamps in your passport to prove entry and exit to the US as it is all electronic. You can print off an electronic I-94 record from online.

https://i94.cbp.dhs.gov/I94/request.html

Yes but I have never received a i94 when entering or a stamp because I entered the US before it all became electronic and its not on the website. I was told that happened often with canadians crossing the boarder.

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Yes but I have never received a i94 when entering or a stamp because I entered the US before it all became electronic and its not on the website. I was told that happened often with canadians crossing the boarder.

Did you check on the cbp website? Sometimes all travel history is up there. As far as I understand, crossing at a land border doesn't always make an I-94, just like before, even though it is electronic now.


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

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

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Did you check on the cbp website? Sometimes all travel history is up there. As far as I understand, crossing at a land border doesn't always make an I-94, just like before, even though it is electronic now.

Yep I checked... even spoke to the people that work there. I will write the letter like you suggested and if they ask for more I will go to the boarder protection office and ask for documentation

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