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jakmoon22

I can I file I-130 and I-130A only and get an extension to my stay?

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I have just got married in July 18th to my girl friend and my OPT ended on second of July, I have only about 20 days to be staying legally in the US, I can't file my I-485 because i am still waiting on some documents, and my wife went for patrol for 20 days. we both filed I-130 and I-130A as good as we can. so If I was to send these two forms would I get an extension to my stay?

 

 

Thank you so much,

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Filing an I-130 packet does not grant any immigration benefit.

An EOS application requires a valid basis for reason to stay longer before returning home, so I don't foresee that working out here.

 

Options are:

1) Leave before the I-94 expires. Complete processing abroad.

2) Wait for documents then file. If your spouse is a US citizen, then the overstay is not a bar for AOS, although any period of unlawful presence does carry its risks.

 

Technically you can file the I-485 sooner (which does grant a period of authorized stay), but there is a policy in place right now to permit outright denying "placeholder" applications with the anticipation of providing required documents later.


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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