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Wierobles

Got married 4 months after visitor visa expired but applied for an extension

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I got married in July 2018, 4 months after my visitor visa (VV) expired. We are still completing documentations for the I-130 and I-485 requirements. I applied for an extension of stay for another 5 months prior to the expiration of my VV. I received a RFE reply only in mid-October with November as its deadline of submission. I did not reply to it. Will this be a ground for disapproval should I eventually file for I-130 and I-485?

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4 minutes ago, Wierobles said:

I got married in July 2018, 4 months after my visitor visa (VV) expired. We are still completing documentations for the I-130 and I-485 requirements. I applied for an extension of stay for another 5 months prior to the expiration of my VV. I received a RFE reply only in mid-October with November as its deadline of submission. I did not reply to it. Will this be a ground for disapproval should I eventually file for I-130 and I-485?

you came on visitor visa, you overstayed got married, you are now on overstay.

 

you are not authorized in the USA at all, and yet your waiting to file for AOS??

 

you can be picked up and deported, what could be your reason for not sending the papers to adjust status?

 

get it done asap, overstay are forgiven when married to USC, but this will not help you if you get deported before you file your papers.

Edited by Khallaf

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10 minutes ago, Khallaf said:

you came on visitor visa, you overstayed got married, you are now on overstay.

 

you are not authorized in the USA at all, and yet your waiting to file for AOS??

 

you can be picked up and deported, what could be your reason for not sending the papers to adjust status?

 

get it done asap, overstay are forgiven when married to USC, but this will not help you if you get deported before you file your papers.

I thought you had to be in status to adjust status?

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Just now, Jorgedig said:

I thought you had to be in status to adjust status?

when you come into the USA on a visitor visa, and then marry a USC you are technically out of status, and can be deported as you are now on an overstay, but this overstay is forgiven as a spouse of a USC, once the AOS papers are submitted then you become on an allowed stay until petition is approved or denied.

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1 minute ago, Jorgedig said:

I thought you had to be in status to adjust status?

True, but there's an exception.  

 

The Immediate Relative of a USC can adjust status even if they were legally admitted into the US and overstays on the VWP or any other US visa.

The Immediate Relative of a USC can not adjust status because that person was never legally admitted into the US.

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1 hour ago, Wierobles said:

I got married in July 2018, 4 months after my visitor visa (VV) expired. We are still completing documentations for the I-130 and I-485 requirements. I applied for an extension of stay for another 5 months prior to the expiration of my VV. I received a RFE reply only in mid-October with November as its deadline of submission. I did not reply to it. Will this be a ground for disapproval should I eventually file for I-130 and I-485?

Once u have ur receipt notice from uscis for the extension, u r in a period of authorize stay until a decision is made.However since u did not reply to the RFE most likely the extension will be denied.

If ur spouse is a usc u will be fine,u can still file ur i130 and i485 package,since overstay is forgiven for spouse of usc.

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1 hour ago, Khallaf said:

you came on visitor visa, you overstayed got married, you are now on overstay.

 

you are not authorized in the USA at all, and yet your waiting to file for AOS??

 

you can be picked up and deported, what could be your reason for not sending the papers to adjust status?

 

get it done asap, overstay are forgiven when married to USC, but this will not help you if you get deported before you file your papers.

Thank you for this reply.

 

11 minutes ago, Aj06 said:

Once u have ur receipt notice from uscis for the extension, u r in a period of authorize stay until a decision is made.However since u did not reply to the RFE most likely the extension will be denied.

If ur spouse is a usc u will be fine,u can still file ur i130 and i485 package,since overstay is forgiven for spouse of usc.

Thank you for this reply.

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1 hour ago, aaron2020 said:

True, but there's an exception.  

 

The Immediate Relative of a USC can adjust status even if they were legally admitted into the US and overstays on the VWP or any other US visa.

The Immediate Relative of a USC can not adjust status because that person was never legally admitted into the US.

Thank you for this reply.

1 hour ago, Jorgedig said:

I thought you had to be in status to adjust status?

Thank you for this reply.

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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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