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Boiler Grand Master

Boiler   43,878

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
35 minutes ago, Bea123 said:

Currently I am on B2 status (3 more month left). 
I will marry green card holder next month, and he will file I-130 for me. 
He can apply for citizenship only in 4 years, so at that time I will be out of status long way. 
Big possiblility F2A category visa will be available sooner than US citizen to my husband. 
Question: If visa will become available and I will be out of status do I still receive GC? Or I have to wait and do adjustment of status? 
Thank you.

If you overstay more than 6 months as you will for F2A then you will have a ban when you leave to do Consular Processing and will require a waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Liam2021
Liam2021

OP will married a GC holder, not US Citizen.

Roel
Roel

You cannot overstay your torusit visa even 1 day or you'll be ineligible to receive your green card. Your aos will be denied. Right now spouses of green card holders have to wait 2 years for their vis

Our Journey
Our Journey

Marry, leave the country and apply for F2A category. Be sure to not overtaying your B2 visa. Do things correctly and not look for problems in the future.

WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
1 hour ago, Bea123 said:

Currently I am on B2 status (3 more month left). 
I will marry green card holder next month, and he will file I-130 for me. 
He can apply for citizenship only in 4 years, so at that time I will be out of status long way. 
Big possiblility F2A category visa will be available sooner than US citizen to my husband. 
Question: If visa will become available and I will be out of status do I still receive GC? Or I have to wait and do adjustment of status? 
Thank you.

Hopefully you have strong ties to home country that made it possible to obtain a B2 visa? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Ryan H Grand Master

Ryan H   3,798

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

Moved from What Visa Do I Need - Family Based Immigration forum to Bringing Family Members of Permanent Residents to America 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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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

How did your soon-to-be spouse obtain residency? If it was through marriage to a USC then the wait is even longer. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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L0bster00 Explorer

L0bster00   41

Posted
Filed: Timeline
Posted

4 years is long time for your husband to become citizen. What if he is denied Naturalization. Then you will also not be able to adjust, even if your PD is current, just because you were illegal here in US.

 

You may not have to go back, if that is what you want. But you need to make sure you stay in status. This can be achieved by switching status'es from B1 to F1 or H1 

 

 

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SusieQQQ Grand Master

SusieQQQ   11,585

Posted
Filed: Citizen (apr) Timeline
Posted

 

another question: if husband knowingly allows wife to stay out of status, can that have any repercussions when he eventually files for naturalization? He will have been knowingly breaking immigration law for 4 years...

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viajero Explorer

viajero   14

Posted
Filed: Citizen (pnd) Timeline
Posted
16 hours ago, Roel said:

You cannot overstay your torusit visa even 1 day or you'll be ineligible to receive your green card. Your aos will be denied. Right now spouses of green card holders have to wait 2 years for their visa. And there is no way you can keep your status that long. 

 

You will have to return to your country if you ever want to be approved for the visa. Harsh truth but only spouses of us citizens can overstay without much consequences. 

not true..

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted
1 minute ago, viajero said:

not true..

Yes it is. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted
7 minutes ago, viajero said:

because once you leave you are not granted to come back to the US whatsoever...

I assume that's the answer for my post. 

1. You can always come back to visit again on torusit visa during the process. Unless you overstay. 

2. You come back pernamently once the family based visa is approved...

 

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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L0bster00 Explorer

L0bster00   41

Posted
Filed: Timeline
Posted
12 hours ago, SusieQQQ said:

 

another question: if husband knowingly allows wife to stay out of status, can that have any repercussions when he eventually files for naturalization? He will have been knowingly breaking immigration law for 4 years...

Every one is adult and answerable for his/her own acts. Just for the matter of fact that your relative is/was illegal and you were aware of it, doesn't bar some one to receive benefits. That illegal individual is him/her self answerable to INS. Not their relatives.

 

You can be a relative of illegal alien and still receive benefits as long as you satisfy the requirement of that benefit.

 

 

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
2 hours ago, L0bster00 said:

Every one is adult and answerable for his/her own acts. Just for the matter of fact that your relative is/was illegal and you were aware of it, doesn't bar some one to receive benefits. That illegal individual is him/her self answerable to INS. Not their relatives.

 

You can be a relative of illegal alien and still receive benefits as long as you satisfy the requirement of that benefit.

 

INS?

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Coco8 Experienced

Coco8   1,039

Posted
Timeline
Posted (edited)
22 hours ago, Bea123 said:

 If visa will become available and I will be out of status do I still receive GC? 

No, you cannot be out of status. More clearly, you cannot overstay your visitor visa to wait for the GC in the US. They will not give you the GC if you do that. The GC takes 2 years for spouses of GC holders.

Edited by Coco8
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