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mekamac25

Paperwork in process in writing?

By mekamac25 in Adjustment of Status from Work, Student, & Tourist Visas

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mekamac25 Newbie

mekamac25   0

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Hello, 

 

this is my first post here. Me and my fiancé are looking to get married in 2 weeks and we will then put in the paperwork to adjust his status. His current visa expires at the end of November.
 

My question is once we put in the paperwork does he get something in writing to stay that he’s here and the paperwork is in process? His fear is he’ll somehow get caught and get sent back to his country. So I’m just asking this question to try to ease his mind a little. 

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Crazy Cat Grand Master

Crazy Cat   39,454

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

His receipt (NAO1) after submitting a proper I-485 will be evidence that he is granted "authorized stay" while the I-485 is pending.  Just make sure he submits prior to the expiration of his I-94.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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igoyougoduke Experienced

igoyougoduke   1,609

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Filed: Lift. Cond. (apr) Timeline
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57 minutes ago, mekamac25 said:

Hello, 

 

this is my first post here. Me and my fiancé are looking to get married in 2 weeks and we will then put in the paperwork to adjust his status. His current visa expires at the end of November.
 

My question is once we put in the paperwork does he get something in writing to stay that he’s here and the paperwork is in process? His fear is he’ll somehow get caught and get sent back to his country. So I’m just asking this question to try to ease his mind a little. 

Relax. you are overthinking it. No one will catch him and put him on a plane unless he gets in to trouble with the law . He will get a receipt for adjust of status once USCIS accepts it 

duh

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mekamac25 Newbie

mekamac25   0

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Just now, James120383 said:

Relax. you are overthinking it. No one will catch him and put him on a plane unless he gets in to trouble with the law . He will get a receipt for adjust of status once USCIS accepts it 

Thank you. It’s not so much me because I figured that was the case it’s him that’s worried. 

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
1 hour ago, mekamac25 said:

this is my first post here. Me and my fiancé are looking to get married in 2 weeks and we will then put in the paperwork to adjust his status. His current visa expires at the end of November.

 

What visa did your fiance use to enter the US?  When does his I-94 (NOT visa) expire?

 

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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41 minutes ago, mekamac25 said:

H2B right before they were banned. I would have to ask him what his I-94 says. 

 

Thanks.  Now the mods can move this thread to the right forum.

 

2 hours ago, mekamac25 said:

My question is once we put in the paperwork does he get something in writing to stay that he’s here and the paperwork is in process? His fear is he’ll somehow get caught and get sent back to his country. So I’m just asking this question to try to ease his mind a little. 

 

After filing for adjustment of status, your future husband will get an I-485 receipt notice from USCIS.  Here on VJ, we call that the NOA1 letter.  The NOA1 + his passport will be his proof that he is authorized to stay in the US pending his AOS.

 

The probability that your husband will get in trouble with ICE is very low, but is not zero.  Just make sure to file the AOS paperwork as soon as possible.  I hope you are already preparing the required documents for the I-944 especially, as other members have reported it to be a pain.  Good luck!

 

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pushbrk Grand Master

pushbrk   12,184

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Filed: Other Country: China
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6 hours ago, Lucky Cat said:

His receipt (NAO1) after submitting a proper I-485 will be evidence that he is granted "authorized stay" while the I-485 is pending.  Just make sure he submits prior to the expiration of his I-94.

It is not critical to submit before his authorized stay has expired.  Always a good idea, but not a "make sure" kind of thing.  

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

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A Warning to Green Card Holders About Voting

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Ryan H Grand Master

Ryan H   3,795

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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SteveInBostonI130 Experienced

SteveInBostonI130   3,328

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Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted
10 hours ago, mekamac25 said:

Hello, 

 

this is my first post here. Me and my fiancé are looking to get married in 2 weeks and we will then put in the paperwork to adjust his status. His current visa expires at the end of November.
 

My question is once we put in the paperwork does he get something in writing to stay that he’s here and the paperwork is in process? His fear is he’ll somehow get caught and get sent back to his country. So I’m just asking this question to try to ease his mind a little. 

Just out of curiosity, what forms will you submit?

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mekamac25 Newbie

mekamac25   0

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11 hours ago, SteveInBostonI130 said:

Just out of curiosity, what forms will you submit?

From my understand of it I will have to do the I-130 for adjustment of status. The I-485 for the green card application. I-864, I-944, and possibly for the work and travel permit as well. 
 

If I am missing anything please feel free to let me know. 

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SteveInBostonI130 Experienced

SteveInBostonI130   3,328

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted
2 hours ago, mekamac25 said:

From my understand of it I will have to do the I-130 for adjustment of status. The I-485 for the green card application. I-864, I-944, and possibly for the work and travel permit as well. 
 

If I am missing anything please feel free to let me know. 

You have it covered, though a couple of terminologies are mixed up.))  I-130 for the spouse petition, I-485 for adjustment of status (green card), I-765 for EAD (work), I-131 for AP (travel), I-864 for affidavit of support and I-944 for...public charge questionnaire?  That last is new this year and I don't know much about it.

 

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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16 minutes ago, SteveInBostonI130 said:

You have it covered, though a couple of terminologies are mixed up.))  I-130 for the spouse petition, I-485 for adjustment of status (green card), I-765 for EAD (work), I-131 for AP (travel), I-864 for affidavit of support and I-944 for...public charge questionnaire?  That last is new this year and I don't know much about it.

 

I-944 = Declaration of Self-Sufficiency.  DS-5540 is the Public Charge Questionnaire, but is not needed for adjustment of status.

 

OP also needs to submit form I-130A to go along with the I-130.

 

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mekamac25 Newbie

mekamac25   0

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On 10/18/2020 at 2:34 PM, Chancy said:

 

What visa did your fiance use to enter the US?  When does his I-94 (NOT visa) expire?

 

It says the 11th of November. Sorry thought it was the end of the month 

Edited by mekamac25
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