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Hi Everyone 

I recently married a US citizen , my I 94 expires early in November , we have been told that we can file for an i 130 and I can overstay the expiry while waiting for the visa number. I know that in some forums it says to file I 485 at the same time but we haven’t got the funds available to do this straight away. 

 

Can anyone one confirm that if filing the i 130 is enough , or will I get deported without the i 485 at the same time to adjust my status.

 

regards 

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Once your I-94 expires, you are out of status and deportable UNTIL YOU FILE THE I-485.  


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Probably best to go the CR1 route and save money up.


“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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16 minutes ago, missileman said:

Once your I-94 expires, you are out of status and deportable UNTIL YOU FILE THE I-485.  

Even if the I 130 has been filled ?

 

so best to find the money and file together with I 485. 

 

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21 minutes ago, missileman said:

Once your I-94 expires, you are out of status and deportable UNTIL YOU FILE THE I-485.  

Not sure how clearer this can be.


“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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17 minutes ago, Mryan said:

Even if the I 130 has been filled ?

An I-130 only establishes the relationship between petitioner and beneficiary to qualify for a visa. Nothing more.


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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Thank you ladies and gents 

 

so next question would be the I 130 and I 485 ask for the same evidence if filing together do I just need to provide 2 passport photos or 4 in total 2 for the I 130 and 2 for theI 485, also marriage certificates 1 for each ....

Edited by Mryan
Additional information

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1 hour ago, Mryan said:

so best to find the money and file together with I 485.

FYI, USCIS now accepts credit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

 

Assuming you already have a non-refundable flight ticket to leave the US, chances are the CR-1 route will be cheaper like @Boiler mentioned. And depending on your local USCIS Field Office, chances are the CR-1 route will result in a faster GC. 


Your Input Is Appreciated On This VJ Guide Proposal: 

 

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Also are you aware of the limitations to you being able to work and travel for a good number of months if you stay and file I485? I bring this up because if money is a problem, as it seems to be, it might be better for you to be earning a wage at home while waiting for CR1 rather than having your spouse supporting both of you on one wage.

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Moved from What Visa Do I Need - Family Based Immigration forum 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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I’ll second what another poster said. If you’re struggling to pay the required fees for this process, how are you going to support yourselves for the next 4 months or so until your work permit arrives? What about healthcare? Are you still paying rent or a mortgage on your apartment or home in your homeland? Just use the ticket you presumably have to go back home and complete the CR-1 and continue working there. The option to adjust status like this exists for people who arrived with no intention of staying but in many cases it’s just not practical and the most sensible option is to go home as planned and complete the process that way. 


 

 

 

 

 

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