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alextemi2000

I130 petition approval

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Hello,

 

Please I need an advice. I have overstayed in the US( making me an illegal alien). Came in with a tourist Visa and got married a month after. My husband is still a green card holder, although has applied for his Citizenship, but waiting to be called for his interview. We just submitted the i130 and i130A form after 11/2 year of marriage and we have a child together now. We have got lots of evidence that our marriage is real, joint documents etc. Please what is my chance of my petition getting approved and would I be granted the opportunity to adjust my status under form i864? 

 

Thanks for your response.

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24 minutes ago, alextemi2000 said:

Hello,

 

Please I need an advice. I have overstayed in the US( making me an illegal alien). Came in with a tourist Visa and got married a month after. My husband is still a green card holder, although has applied for his Citizenship, but waiting to be called for his interview. We just submitted the i130 and i130A form after 11/2 year of marriage and we have a child together now. We have got lots of evidence that our marriage is real, joint documents etc. Please what is my chance of my petition getting approved and would I be granted the opportunity to adjust my status under form i864? 

 

Thanks for your response.

As long as it is only an overstay, and you are still in the US and will remain in the US, the overstay will be forgiven when the I-130 and I-485 are approved.  Did you NOT file the I-485 concurrently with the I-130?


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Understanding the big picture is priceless. Anonymous

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The I-130 approval has nothing to do with your legal status. As long as all documents were provided and he is eligible to petition somebody, the I-130 should be approved.

 

You can file the I-485 to adjust status only after he gains citizenship, assuming you are not put into removal proceedings before then for the overstay.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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@pushbrk thanks for your reply. No I didnt file both concurrently. I was told by several lawyers to file the i-130 now and then when he becomes a citizen I should file the i-485. 

 

@geowrian thanks for your reply. I only pray that it does not come to that, as I cannot afford to leave the US and leave my baby.

 

Should I also send the i-485 now? Would it avoid me being put in the removal proceedings?

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You're not eligible to adjust status at this time. As the spouse of an LPR, the I-130's Priority Date needs to be current (or otherwise meet the AOS filing chart requirements) AND you must have maintained legal status at all times prior to filing the I-485 (you certainly don't meet this requirement with a current overstay).

The overstay is ignored as the spouse of a US citizen, but not as the spouse of an LPR.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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1 hour ago, geowrian said:

You're not eligible to adjust status at this time. As the spouse of an LPR, the I-130's Priority Date needs to be current (or otherwise meet the AOS filing chart requirements) AND you must have maintained legal status at all times prior to filing the I-485 (you certainly don't meet this requirement with a current overstay).

The overstay is ignored as the spouse of a US citizen, but not as the spouse of an LPR.

That's actually correct.  File the I-485 once your spouse has the Naturalization Certificate.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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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*

 

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