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Hello everyone. Please advice

i came to US on tourist visa. Five months in my boyfriend proposed and we decided to get married as he didn’t want me to leave. We got married on the last day my I-94 was expiring (October 2018). We have been doing research on the adjustment of status and now we’re ready to file. Do we need a lawyer? Considering that I’ve been out of status since October 2018 (4 months now) even though I was legally married when my I-94 expired. Please advice.

Kind regards

Edited by Penguin_ie

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3 minutes ago, BotsImmi said:

Hello everyone. Please advice

i came to US on tourist visa. Five months in my boyfriend proposed and we decided to get married as he didn’t want me to leave. We got married on the last day my I-94 was expiring (October 2018). We have been doing research on the adjustment of status and now we’re ready to file. Do we need a lawyer? Considering that I’ve been out of status since October 2018 (4 months now) even though I was legally married when my I-94 expired. Please advice.

Kind regards

 

Nope. Can do it all on your own. Follow the guides link above. 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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Is your husband a US citizen? Your marriage date is irrelevant........As soon as you file the I-485, you will have authorized stay while the I-485 is pending.  Make sure you also file the I-765 and I-131 forms as well.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

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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28 minutes ago, missileman said:

Is your husband a US citizen? Your marriage date is irrelevant........As soon as you file the I-485, you will have authorized stay while the I-485 is pending.  Make sure you also file the I-765 and I-131 forms as well.

Yes he is a citizen. Thank you, we’re planning to file by end of the week.

 

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33 minutes ago, LirikBlaidd87 said:

You should be eligible to adjust your status even if you visa expired.

Here's the guide: https://www.visajourney.com/content/i130guide2

It will cost you $1760 in the goverment fees though

Thanks. What is this cover letter I see on the list? Do we write the letters ourselves? Any guide for writing it?

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Hello everyone. Please advice

i came to US on tourist visa. Five months in my boyfriend proposed and we decided to get married as he didn’t want me to leave. We got married on the last day my I-94 was expiring (October 2018). We have been doing research on the adjustment of status and now we’re ready to file. Do we need a lawyer? Considering that I’ve been out of status since October 2018 (4 months now) even though I was legally married when my I-94 expired. Please advice.

Kind regards

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If you need a lawyer is your personal decision. 

 

Intent is established at the POE. If you established you didn't want to stay it should be OK. 

 

We adjusted from an overstayed tourist visa without a lawyer and received the green card just recently. 


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony


s-event.png

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When you married doesn't matter.

If your spouse is a US citizen, then you can file for AOS fine. The overstay is not held against you.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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This is a duplicate thread,


“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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15 hours ago, BotsImmi said:

Hello everyone. Please advice

i came to US on tourist visa. Five months in my boyfriend proposed and we decided to get married as he didn’t want me to leave. We got married on the last day my I-94 was expiring (October 2018). We have been doing research on the adjustment of status and now we’re ready to file. Do we need a lawyer? Considering that I’ve been out of status since October 2018 (4 months now) even though I was legally married when my I-94 expired. Please advice.

Kind regards

No reason you can't adjust.

Edited by tomriesgo

Adjustment of Status (AOS) Followed by Removal of Conditions (ROC)

 

03-13-2015: AOS Packet Mailed to Chicago Lockbox Facility via USPS

03-14-2015: Arrived at Post Office Chicago, IL

03-17-2015: AOS Packet received by USCIS

03-23-2015: Text/ Email Notification: Notice of Acceptance

03-28-2015: NOA1 for AOS, AP & EAD received in the mail

04-03-2015: Notice of Appointment for Biometrics on the 14th of April at 9 a.m arrived with lawyer

04-07-2015: Notice of Appointment for Biometrics on the 14th of April at 9 a.m arrived at my address (lot slower)

04-06-2015: Early walk in for Biometrics complete 6th April, walked in at 3pm and spoke with the centre manager

05-14-2015: Expedite request made

05-15-2015: USCIS site says expedite complete but no change.

06-01-2015: Case enquiry opened with USCIS as its passed 75 days.

06-02-2015: EAD/AP card in production and to be distributed.

06-05-2014: Hard copy notice to say EAD approved.

06-08-2015: EAD Card arrived in the mail.

08-25-2015: 161 Days since filing and no interview date.

01-12-2016: 300 Days since filingand no interview date.

02-24-2016: Case scheduled for Interview March 26th 2016 (347 days after filing and will be well over a year come interview date).

04-02-2016: GREEN CARD ARRIVED.
01-02-2018: ROC I-751 package sent
01-03-2018: I-751 signed for in California 
01-08-2018: NOA-1 Received (1 year Extension Letter)

 

 

 

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16 hours ago, BotsImmi said:

Thanks. What is this cover letter I see on the list? Do we write the letters ourselves? Any guide for writing it?

Yes, the cover letter is something you would write yourselves.  It's nothing fancy, and I think there are even some examples which others have submitted to the USCIS.  Basically, the cover letter is a list of what documents are attached to the cover letter. 

 

"Attached please find the following documents in connection with the Form I-130:  ....  "  and then start a number list or bulletin list of what you've attached like photos, marriage certificate, etc.  

 

After that, repeat for each of the forms you're submitting.  

 

It has been suggested to attach a cover letter to each form you are submitting as the forms are sent to different places to be processed.  Whether or not you'd like to do that is entirely up to you, it's not a requirement.

 

Congrats on the wedding and good luck with the immigration process!


Petitioner: USC | Applicant: B2 | (c)9 AOS (Marriage)

07/31/18: Filed I-130, I-130A

08/01/18: Delivered Potomac Processing Center

08/07/18: Text/Mail Notifications (for I-130)

08/14/18: Hard Copy NOA (for I-130)

08/24/18: Mailed I-485, I-765, I-864

08/27/18: Delivered

08/31/18: Filed

09/04/18: Text Notifications (for I-485, I-765, I-864)

09/06/18: Hard Copy NOA (for I-485, I-765, I-864)

09/14/18: Biometrics letter rec'd

09/26/18: Biometrics appt completed

10/02/18: Ready for interview to be scheduled.

12/18/18: Form I-130 APPROVED!

01/27/19: EAD Approved and card being printed!

02/02/19: Combo card and SSN card arrived!

...Waiting....

 

4vrsm5.pngN3Zem6.png

 

3cPLm6.png

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4 hours ago, Chocobo said:

Yes, the cover letter is something you would write yourselves.  It's nothing fancy, and I think there are even some examples which others have submitted to the USCIS.  Basically, the cover letter is a list of what documents are attached to the cover letter. 

 

"Attached please find the following documents in connection with the Form I-130:  ....  "  and then start a number list or bulletin list of what you've attached like photos, marriage certificate, etc.  

 

After that, repeat for each of the forms you're submitting.  

 

It has been suggested to attach a cover letter to each form you are submitting as the forms are sent to different places to be processed.  Whether or not you'd like to do that is entirely up to you, it's not a requirement.

 

Congrats on the wedding and good luck with the immigration process!

Thank you so much. All the best to you and your family as well 🙏🏾

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