AOS for allien who overstayed B2?

[bluegreen 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.

1)Canadians rarely get the 1-94. Where it asks about it, or where it asks for the A3, just say" N/A—Canadian Citizen. Or none issued—Canadian. There are a few threads about this if you do a search.

2No! Don't do that!! Your overstay is not really that huge a deal.

3)Try and figure out what the entry date was, or a close approximation .Your overstay will be forgiven, but be honest about it. Filing I-485 and I-130 concurrently is NOT a "no-no" if you are going about it honestly! People do this all the time, every day. Thousands of them.

There are several answers on both applications that will be unique because you are Canadian. Like, somewhere it asks for "class of entry". I put "canadian visitor".

You know you have to file I-485 too, right? You have not mentioned this application, so just checking.

[smilegirl 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.

Hi Maad!

I`m in the same situation (overstayed B2 and married to USC). Looking at your timeline I believe your IL is next (if you won`t get RFE which can slow things down :/ ). I hope everything goes well and fast for you , and all the others who are waiting for AOS to be approved!!!

[Maad 0]

Hi Maad!

I`m in the same situation (overstayed B2 and married to USC). Looking at your timeline I believe your IL is next (if you won`t get RFE which can slow things down :/ ). I hope everything goes well and fast for you , and all the others who are waiting for AOS to be approved!!!

Hi "Usmiechnieta dziewczyno"

May I ask how long you "extended" your stay?

Anyway, I am crossing my fingers and "trzymam kciuki" for happy anding for all of us:)

[Chilly 0]

If one adjusts status directly from a tourist visa what box do you check for "Part 2: Application Type"?

[payxibka 10,045]

If one adjusts status directly from a tourist visa what box do you check for "Part 2: Application Type"?

Well theoretically you cannot adjust directly from tourist visa without the assitance of an I-130 petition for alien relative. In this case the I-130 petition is filed concurrently with the I-485 and then the answer is A

[smilegirl 0]

Hi Maad!

I`m in the same situation (overstayed B2 and married to USC). Looking at your timeline I believe your IL is next (if you won`t get RFE which can slow things down :/ ). I hope everything goes well and fast for you , and all the others who are waiting for AOS to be approved!!!

Hi "Usmiechnieta dziewczyno"

May I ask how long you "extended" your stay?

Anyway, I am crossing my fingers and "trzymam kciuki" for happy anding for all of us:)

Hi Maad,

I just noticed your message...sorry it`s so late but I forgot where I left this post It`s funny talking to "my girl" in English... I left you PM in sweet Polish

Wielkie dzieki za trzymanie kciukow-i wzajemnie!

[smilegirl 0]

Maad, I just realized I called you "my girl" (meaning Polish blood! ) not knowing you are actually a man !! I`m sending a big apology your way!

[Maad 0]

Maad, I just realized I called you "my girl" (meaning Polish blood! ) not knowing you are actually a man !! I`m sending a big apology your way!

It is perfectly all right. I am not Kaczynski. I do not hang on words Bladzenie jest rzecza ludzka

[smilegirl 0]

Maad, I just realized I called you "my girl" (meaning Polish blood! ) not knowing you are actually a man !! I`m sending a big apology your way!

It is perfectly all right. I am not Kaczynski. I do not hang on words Bladzenie jest rzecza ludzka

Life is good then!!