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redbeans

Marrying my Indonesian girlfriend what to do to become citizen?

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Filed: AOS (apr) Country: Philippines
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I am thinking about marrying my Indonesian girlfriend and I think she has overstayed her Visa. What are the steps we need to follow to adjust her status and get her a green card after we are married?

You think she has overstayed?

I-130/I-485/I-765

YMMV

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Filed: Country: Indonesia
Timeline
I am thinking about marrying my Indonesian girlfriend and I think she has overstayed her Visa. What are the steps we need to follow to adjust her status and get her a green card after we are married?

You think she has overstayed?

I-130/I-485/I-765

I think her visa ran out a few days ago.

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Filed: Country: Indonesia
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After marriage then I-130/I-485/I-765

Are there any consequences that she might face since she overstayed. I know on the I-130 it asks about how she got here and what her status is. She came over on a J1 visa to work for a company. She somehow extended it and now the extension has run out and she could not extend it again.

Edited by redbeans
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Filed: AOS (apr) Country: Philippines
Timeline
After marriage then I-130/I-485/I-765

Are there any consequences that she might face since she overstayed. I know on the I-130 it asks about how she got here and what her status is.

Well now that her I-94 has run out, she is subject to removal at anytime until the greencard is in hand.

An overstay is always a concern but it is typically forgiven after marriage to a USC. If she leaves before hand for any reason and dependant on the number of days of overstay accrued, she could be subject to a re-entry ban.

Her arrival status will remain her arrival status even if it has expired. So if she arrived J1 then on the I-130 you indicate J1, etc..... I don't think so but make sure her J-1 is not subject to the 2 yr. HRR

Edited by fwaguy

YMMV

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Filed: Country: Indonesia
Timeline
After marriage then I-130/I-485/I-765

Are there any consequences that she might face since she overstayed. I know on the I-130 it asks about how she got here and what her status is.

Well now that her I-94 has run out, she is subject to removal at anytime until the greencard is in hand.

An overstay is always a concern but it is typically forgiven after marriage to a USC. If she leaves before hand for any reason and dependant on the number of days of overstay accrued, she could be subject to a re-entry ban.

Her arrival status will remain her arrival status even if it has expired. So if she arrived J1 then on the I-130 you indicate J1, etc..... I don't think so but make sure her J-1 is not subject to the 2 yr. HRR

B2???? and 2 year HRR????

Edited by redbeans
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Filed: AOS (apr) Country: Philippines
Timeline
B2???? and 2 year HRR????

B2 is a visa class

Some J-1's are subject to a 2 year home residency requirement... In other words, they must go home for two years before they can come back to the USA or adjust status if still here.

YMMV

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Filed: Country: Indonesia
Timeline
B2???? and 2 year HRR????

B2 is a visa class

Some J-1's are subject to a 2 year home residency requirement... In other words, they must go home for two years before they can come back to the USA or adjust status if still here.

How do I find out about HRR?

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Filed: AOS (apr) Country: Philippines
Timeline
B2???? and 2 year HRR????

B2 is a visa class

Some J-1's are subject to a 2 year home residency requirement... In other words, they must go home for two years before they can come back to the USA or adjust status if still here.

How do I find out about HRR?

Ask her... It should be on her J1 paperwork

YMMV

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Filed: Country: Indonesia
Timeline
B2???? and 2 year HRR????

B2 is a visa class

Some J-1's are subject to a 2 year home residency requirement... In other words, they must go home for two years before they can come back to the USA or adjust status if still here.

How do I find out about HRR?

Ask her... It should be on her J1 paperwork

Thanks you have been very helpful. I will check her paperwork tonight.

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B2???? and 2 year HRR????

B2 is a visa class

Some J-1's are subject to a 2 year home residency requirement... In other words, they must go home for two years before they can come back to the USA or adjust status if still here.

How do I find out about HRR?

Ask her... It should be on her J1 paperwork

Thanks you have been very helpful. I will check her paperwork tonight.

ONce you have figured that out, and after you marry, you fill out everything in the guide here: Here

Just follow it to the "T".

After this concurrent I-130 and AOS filing (you are essentially filing two packages at once - one for a spousal visa and one to adjust her status to a permanent resident), she will not be a citizen. She'll be a permanent resitent, on a two year greencard. You have to re-apply for the greencard after two years, and then she can apply for citizenship after three years of permanent residency.

Concurrent I-130 and AOS

Nov 30 2007 - I enter US as a tourist to spend the ski season with my sweetie and figure out what we both want outta life - we plan on ending up in Canada, but...

Jan 30 2008 - We get married in Vegas! We decide to stay in the US.

Feb 08 2008 - File I-130, I-485, AP and EAD

Feb 11 2008 - Package arrives in Chicago

Feb 19 2008 - Receive NOA 1 for everything except I-485. NOA date Feb 15th

Feb 19 2008 - Touch I-130, AP, EAD

Feb 21 2008 - Receive I-485 NOA 1. NOA Date Feb 15th

Feb 22 2008 - Receive Biometrics notice, dated Feb 20th, for appointment March 11th

Feb 27 2008 - Walk in to Denver field office and have Biometrics taken early as the 11th March I'll be away

Apr 16 2008 - EAD card production ordered

Apr 16 2008 - AP approval sent

Apr 21 2008 - AP received in mail

Apr 21 2008 - EAD card production email received again - strange

Apr 24 2008 - EAD card approval notice sent email

Apr 26 2008 - EAD card received

May 03 2008 - Interview notice received -June 27th

May 22 2008 - Touch on I-485

June 09 2008 - I-130 finally shows up online and shows a touch that day, so does I-485

Jun 27 2008 - Interview - approved, stamped, received card production email. Ya-hoo!!!!

July 10 2008 - Card received

Total time from filing - approval: 4.5 months

MOVED TO SAN DIEGO!!

Lifting of Conditions

June 11 2010 - Package mailed

June 16 2010 - NOA date

July 2 2010 - Bio letter received - July 27th date

July 9 2010 - Early biometrics walk in San Marcos CA

Sept 16 2010 - Card production ordered

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