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Seraya-Karl

Adjust legal status of spouse who over stayed visa

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Filed: K-1 Visa Country: Colombia
Timeline

Can anyone tell me where to look for the answer of how I get my wife legal status in the US?

We are both from Colombia and childhood sweethearts. I married her in Oct. 2016 when she was here on a tourist visa. I had a green when I married her, but I was not yet a citizen.  I am now a citizen. The problem is that her visa expired in Nov. 2016 and she over stayed her visa and is still here.

Does anyone know what I need to do now or what we need to do to get here legal status or where to ask this question on Visa Journey?

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¿Hay alguien que puede decirme dónde puedo encontrar respuesta para arreglar el estatus legal de mi esposa?

 

Somos novios colombianos de infancia. Me casé con ella en octubre 2016 cuando ella tenía una visa de turista.  Yo tenía un Green Card cuando nos casamos pero ahora soy ciudadano americano.

 

El problema es que su visa expiró en noviembre 2016 y sobrepasó su visa y todavía está aquí.

 

¿Hay alguien que sabe que necesitamos hacer para arreglar su estatus legal o dónde puedo hacer la pregunta?

 

Karl / Saraya

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If you are now a USC and she is currently within the US, she can file for AOS fine (concurrently file I-130 + I-485). The overstay will be ignored as the spouse of a USC.

Guide: http://www.visajourney.com/content/i130guide2

NOTE: The G-325As are no longer needed, but an I-130A is now needed for the I-130.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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36 minutes ago, Seraya-Karl said:

Can anyone tell me where to look for the answer of how I get my wife legal status in the US?

We are both from Colombia and childhood sweethearts. I married her in Oct. 2016 when she was here on a tourist visa. I had a green when I married her, but I was not yet a citizen.  I am now a citizen. The problem is that her visa expired in Nov. 2016 and she over stayed her visa and is still here.

Does anyone know what I need to do now or what we need to do to get here legal status or where to ask this question on Visa Journey?

As you stated your wife came over here Legally at first through a tourist visa which is a good thing. Now you are a citizen and you can file for AOS for her and the overstay will be forgiven. So go ahead and get the documents together and file for her. 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-1 Visa Country: Colombia
Timeline

Thank you for the advice. 

 

I should have said that I was posting it for a friend that doesn't have a computer, but after translating it into English, I forgot.

Karl / Saraya

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  • 3 weeks later...
Filed: Lift. Cond. (apr) Country: China
Timeline

~~~Hijack post removed; if you have a question about your own case; you need to start your own thread.~~~

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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  • 2 weeks later...
Filed: K-1 Visa Country: Colombia
Timeline

> Thank you for this...my husband is in the same boat! This gives us hope!! Did you already file the i-130 and i-485?

My friend hasn't filed yet.  He is still short on the money he needs, but thinks he can file soon.  I'll post when he files. 

Karl / Saraya

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