AOS for allien who overstayed B2?

[Maad 0]

From what I've been reading here all topisc are about people who are out of states and getting F1 or K1 visas.

My situation: I came to the States some years ago as a visitor and overstayed slightly (4 years) my B2 validity date.

Got married to a USC a few months ago. All the time residing in the USA.

On 7/25/08 FedEx'd I-130 to Chicago, NOA1 on 7/29/08, NOA2 (approval) on 8/27/08 (CSC).

On 8/05/08 send I-485 & I-765, both NOA1 received on 8/11/08 from MSC.

BIO scheduled on 9/4/08 done on 8/23/08 (walk-in)

Only receipt for I-765 shows on-line, cannot find case for I-485.

Anyone here is (was) in same situation? Like expired visitor who married USC?

What to expect next, and how soon.

Thanks guys! Crossing fingers for all who is waiting.

[Chica Yeyé 41]

I believe overstay id forgiven to spouses as long as you entered legally (which you obviously did); but I am not sure.

[payxibka 10,045]

you should expect normal processing (several months), an interview will be scheduled sometime later on at your local USCIS office. interim benefits (EAD) should process within 90 days (some go longer)

[Maad 0]

you should expect normal processing (several months), an interview will be scheduled sometime later on at your local USCIS office. interim benefits (EAD) should process within 90 days (some go longer)

Thanks!

Now, should I file for AP or just wait patiently for AOS?

Reading explanations on I-131 one can understand that reentry into USA may not be possible for years... hmmmm is it worth the risk ?

[payxibka 10,045]

you should expect normal processing (several months), an interview will be scheduled sometime later on at your local USCIS office. interim benefits (EAD) should process within 90 days (some go longer)

Thanks!

Now, should I file for AP or just wait patiently for AOS?

Reading explanations on I-131 one can understand that reentry into USA may not be possible for years... hmmmm is it worth the risk ?

no .... with an overstay even with AP does not guarantee re-entry.... stay here the entire time

[Maad 0]

you should expect normal processing (several months), an interview will be scheduled sometime later on at your local USCIS office. interim benefits (EAD) should process within 90 days (some go longer)

Thanks!

Now, should I file for AP or just wait patiently for AOS?

Reading explanations on I-131 one can understand that reentry into USA may not be possible for years... hmmmm is it worth the risk ?

no .... with an overstay even with AP does not guarantee re-entry.... stay here the entire time

that's what I thought... thanks!!

[GFL 0]

you should expect normal processing (several months), an interview will be scheduled sometime later on at your local USCIS office. interim benefits (EAD) should process within 90 days (some go longer)

Thanks!

Now, should I file for AP or just wait patiently for AOS?

Reading explanations on I-131 one can understand that reentry into USA may not be possible for years... hmmmm is it worth the risk ?

no .... with an overstay even with AP does not guarantee re-entry.... stay here the entire time

that's what I thought... thanks!!

Definitely not worth the risk in my opinion. Wait until everything is done and gc is in hands.

[GFL 0]

From what I've been reading here all topisc are about people who are out of states and getting F1 or K1 visas.

My situation: I came to the States some years ago as a visitor and overstayed slightly (4 years) my B2 validity date.

Got married to a USC a few months ago. All the time residing in the USA.

On 7/25/08 FedEx'd I-130 to Chicago, NOA1 on 7/29/08, NOA2 (approval) on 8/27/08 (CSC).

On 8/05/08 send I-485 & I-765, both NOA1 received on 8/11/08 from MSC.

BIO scheduled on 9/4/08 done on 8/23/08 (walk-in)

Only receipt for I-765 shows on-line, cannot find case for I-485.

Anyone here is (was) in same situation? Like expired visitor who married USC?

What to expect next, and how soon.

Thanks guys! Crossing fingers for all who is waiting.

I am in a very similar situation to yours. I've been here for 7 years now and just recently got married to a usc. I filed all the 3 forms together though to CSC. Waiting on Bio apt letter now. However, just like you I cannot see my case online. Can't even see any of them.

But it is normal, I heard.

You can always call up the USCIS office and check on the status of your I-485. Usually our case from what I've heard takes 3-4 months altogether. At least that's what I am hoping for .. :-)

Wish us luck!

[keweul 1]

From what I've been reading here all topisc are about people who are out of states and getting F1 or K1 visas.

My situation: I came to the States some years ago as a visitor and overstayed slightly (4 years) my B2 validity date.

Got married to a USC a few months ago. All the time residing in the USA.

On 7/25/08 FedEx'd I-130 to Chicago, NOA1 on 7/29/08, NOA2 (approval) on 8/27/08 (CSC).

On 8/05/08 send I-485 & I-765, both NOA1 received on 8/11/08 from MSC.

BIO scheduled on 9/4/08 done on 8/23/08 (walk-in)

Only receipt for I-765 shows on-line, cannot find case for I-485.

Anyone here is (was) in same situation? Like expired visitor who married USC?

What to expect next, and how soon.

Thanks guys! Crossing fingers for all who is waiting.

See my timeline...I also came on a visitors visa many yrs ago and overstayed... got married in 2005 my husband then became a USC and filed for me...my I-130 just got transferred to CSC so i'm waiting on it's approval. I'm also waiting on EAD, I didn't file for AP didn't want to take that risk...I'll just wait til greencard is in my hands to make any travel plans...I've also read that not everyone gets interviewed (all depends on where your case ends up...)good luck

[Maad 0]

See my timeline...I also came on a visitors visa many yrs ago and overstayed... got married in 2005 my husband then became a USC and filed for me...my I-130 just got transferred to CSC so i'm waiting on it's approval. I'm also waiting on EAD, I didn't file for AP didn't want to take that risk...I'll just wait til greencard is in my hands to make any travel plans...I've also read that not everyone gets interviewed (all depends on where your case ends up...)good luck

Thanks. Will not be taking the risk. However I miss Paris. Viva la France Wishing luck to all of us and crossing my fingers for the missing interview

[Maad 0]

I am in a very similar situation to yours. I've been here for 7 years now and just recently got married to a usc. I filed all the 3 forms together though to CSC. Waiting on Bio apt letter now. However, just like you I cannot see my case online. Can't even see any of them.

But it is normal, I heard.

You can always call up the USCIS office and check on the status of your I-485. Usually our case from what I've heard takes 3-4 months altogether. At least that's what I am hoping for .. :-)

Wish us luck!

I DO wish luck to all of us waiting!

One more question thought... When the I-130 approved it goes to NVC. Right?

I read on state.gov that NVC sends out notice of choice: AOS or Consulate. Right?

Anyone knows all the steps for people like us?

[Cécy 44]

If you are applying to AOS your case will be at the National Service Center.

When you apply to AOS that way with the I-130, most of the time the I-130 is applied at the same time as the I-485: at the interview or shortly after.

The NSC will send all notices directly to you.

As said above, it's safer not to ask for AP because they could deny you entry on the way back due to the overstay. It's just a few month to wait, you stayed four years so far what's a few more months?

In most cases an overstay is forgiven because you married a US citizen. You will definitely have an interview though.

I could not see my I-485 either until a few weeks before the interview (after I received the notice).

In your case unless you receive a RFE (request for further evidence) the next step will be an interview. Be patient, it won;t happen right away. Check your local office timeline to see when you can expect it.

[Maad 0]

....

As said above, it's safer not to ask for AP because they could deny you entry on the way back due to the overstay. It's just a few month to wait, you stayed four years so far what's a few more months?

... Be patient, .....

very true about being safe

patience.... do I have it.... not anymore

thanks for your input! appreciate it!

[GFL 0]

....

As said above, it's safer not to ask for AP because they could deny you entry on the way back due to the overstay. It's just a few month to wait, you stayed four years so far what's a few more months?

... Be patient, .....

very true about being safe

patience.... do I have it.... not anymore

thanks for your input! appreciate it!

Patience is a virtue.

[TonyDanza 0]

Hey All.

Great Info. I think we are alot in our own right. Massively overstayed visitor visa's who go on to marru USC.

I am about to journey down that marriage path later this week, and in pre-filling out all my paper work so it can be mailed 10 seconds after we say 'I Do', I got stumped on the i-130 where it asks me for my departure information on my i-94.

I am a Canadian and I entered via the train near Montreal (Amtrak border crossing is in the middle of no where and the custom guys board the train and just walk the isle and asses you and your ID and story in your seat) and I for the life of me cannot recall my i-94. Perhaps the official took it from me after I filled it out? Perhaps I was never asked to fill one out. Who knows it was so long ago.

So...

1) Do Canadians always have a i-94

2) Can I just make up some date on the i-130 to make it look as though I am 'near' the end of my 6 month visitor stay

3) If I guessed and put something close to the real entry date and my gross violation and overstay, will they red flag it because I am also going the risky route of straight to i-130 marriage without a k-1 visa? I mean that is two 'no-no's' in one application.

We are all in the same boat so I would LOVE some advice. Thanks all so much.