DariaG

I have one ! Thanks.

Thanks guys, all of you is very helpful!

The thing is bothering me is WHAT DO THE USCIS THINKING.

They process cases for 1 year and of course the non immigrant visa is being expired, and not extended because you have immigration case pending!!! So by now all those people who entered legally, who paid all the fees, and didn't get approved while they are not out of status, suddently illegal, not able to go to home country avoiding ban, and not able to adjust status either.

This is not right !

I just read the topic which you started. You were given the correct information there.

Thanks, did you go through the same process? How it was?

Share with me, I'm desperate

I'm talking about b2 visa, which I tried to extend!

Thanks

The earliest a bar kicks in is for 180 days of unauthorised stay (after the expiration of your I-94). Provided you depart before accumulating 180 days of overstay then you receive no bar and should not need to submit an I-601 waiver.

I am not completely sure on that, so hopefully someone else can chip in. As I stated above, you should also speak to an immigration attorney, too.

Well, I tried to extend my visa and uscis process it for about 6 month, of course they denied it but I buy some time, I hoped that petition will be approved, but it didn't,

Anyway, I got my denial letter oct 9 2012. It proofs that I overstay only 4 months, right?

Thanks a lot once again!

The OP has two choices:

(1) Wait until her husband becomes a US citizen and then adjust status based upon marriage to him. This will involve a wait of at least two years, during which time she will remain out of status and could theoretically be detained and deported by ICE if they pick her up.

(2) Leave the US and wait in her home country for the priority date on her F2A I-130 to become current. This is a wait of approximately 27 months, so another 15 months from now, incorporating the 12 it has already been pending. Since it appears she has at least 365 days of overstay she will receive a 10 year bar upon departure from the US, for which she would need to seek an I-601 waiver overseas to attempt to overcome.

She should consult an experienced AILA-certified immigration attorney at her earliest convenience to fully explore these options.

Thanks, you being really helpfull!

What if I overstayd only for 4 months?

It's heartbroken to think that I had to leave my hubby for more then 1 year!

The OP has two choices:

(1) Wait until her husband becomes a US citizen and then adjust status based upon marriage to him. This will involve a wait of at least two years, during which time she will remain out of status and could theoretically be detained and deported by ICE if they pick her up.

(2) Leave the US and wait in her home country for the priority date on her F2A I-130 to become current. This is a wait of approximately 27 months, so another 15 months from now, incorporating the 12 it has already been pending. Since it appears she has at least 365 days of overstay she will receive a 10 year bar upon departure from the US, for which she would need to seek an I-601 waiver overseas to attempt to overcome.

She should consult an experienced AILA-certified immigration attorney at her earliest convenience to fully explore these options.

Thanks, you being really helpfull!

What if I overstayd only for 4 months?

It's heartbroken to think that I had to leave my hubby for more then 1 year!

Do you think he will qualify for citizenship if USCIS finds out that he's harboring an illegal alien (you)?

Well, hopefully they'll not ask him about it!

Good friend of mine was illegally here for 11 years and she actually get her citizenship without any question!

hi...if ur husband is an immigrant, he could file an adjustment of status for you concurrent with the i-130 and you could also apply for an employment authorization

Thank you, but no! We need an approved petition for that, because he is LPR! And it takes 12 month already, of course while it was processing my b2 visa expired!

Thanks anyway!

What if I wait for my spouse to became USC?

Hi, I'm currently in US, entered with b2 visa, was visiting my husband (LPR) and then we file I-130, by now my visa is expired, case in process for 12 months, so I cant file AOS and EAD, and 2 more years before my husband can apply naturalization! What is my options?

Thank you!

Has nothing to do with living in Alaska, it will have no affect on your processing time. Processing times are affected by the workload and priorities at the time when you file and during your pending process.

Make sure you notify USCIS of your move using the AR-11 form, it can take up to 4 months just for them to get it in the system. Is there anyone that can check the mail at your current address?

Yes, there is! 4 more months just to to get it into system?

Makes no sense

You have to be in legal status to adjust status in the US as a relative of an LPR. source bottom right of page one. source

However, if the LPR becomes a US citizen (USC), as long as the non-LPR spouse can prove they entered the country with inspection (i.e. I-94 card, stamp in passport), they can obtain LPR status even if they are out-of-status when applying to become and LPR!

It's from the source.

You know advising someone to break immigration laws is against the terms of service here.

I'm not advising to break the laws, I'm sharing my expirience and of course if you call to immigration and ask if someone can stay after visa expired and wait for answer of immigration petition, they will say no, because they following the instruction, but in reality it's ok, if you spouse is LPR you are in currently in us, you have to wait for approval, and then you qualify to file for AOS!

No, it's about LPR! If petitioner is USC then they can file I-130,I - 485,I-765 all concurrently! If petitioner is LPR , they file it after I-130 approval !

As long as you entered US legally, how do you think all those people who live here illegally for so many years and they got married and got their statuses adjusted without any problems! Again as long as you entered legally and didn't commit any crime!

Thanks, and my friend file in Alaska and got approved in 9 months and I'm waiting for almost 12 without any answer, and she is also spouse of LPR!

Got married - sep 29 2011

NOA1 - feb 6 2012

... No answer since then

I believe if it is and LPR petitioning, the person they are petitioning must be in the US in legal status to adjust.

Not necessarily, they are legally married and the immigration papers is in process , my friends case was the same and at the interview nobody asked any question.

N4th4ly4!

Thanks for the info. I'll file her I-130 asap. I'm worried because she has ~1.5 years left on her H1B. As I understand, the whole process takes about 2.5 years to get the GC under F2A category. What are my options here?

She can stay in US when her visa will expired, and wait for approval, once it approved apply for AOS and work authorisation, there is no need to leave US! I'm almost in the same boat with you guys, waiting for approval right now!

Do not believe to that updates, I file I-130 in California service center, they jump from 5 month to the last date which is sep 3 2011 and its not changing for about 6 months already, anyway I'm waiting for NOA2 12 month now!

Good luck!

Hi, everyone!

I'm about to move from ca to ak, and my question is , if I transfer my I-130 which is stil pending for 1 year I California, is my case start from zero again after i change the address or if it will go even faster?

I heard a lot that in Alaska it goes much faster!

Thanks!

Hi, just want to pop into conversation!

My pd is feb 6 2012, I'm currently in US, my husband/petitioner isLPR, and since I wait for almost 12 month and not being able to work, when I can file i485 and were I can see that my pd is current, I have it on my NOA1. Can I use it as a base on for AOS?

No need for the I-485 since you are not in the US and do not need to adjust status.

Hi guys!!!

My priority date is feb 6 2012, and its been almost 12 month since I'm waiting!

I was wondering if somebody waiting in US, and if anyone tried to file for AOS and work authorisation wile case is pending!!

This is VERY frustrating to wait for so long and not be able to work!