To those who overstayed B2 and married USC

[Maad 0]

It is out of pure curiosity and impatience

When your spouse received approval for I-130 what did it say?

Mine says "The petition indicates that the person for whom you are petitioning is in the United States and will apply for AOS. He or she should contact the local USCIS office to obtain form I-485. A copy of this notice should be submitted with the application" etc.. about approval NOT been sent to NVC.

I did file I-485 a few days after I-130, not even dreaming about I-130 been approved in less then a month.

Q1: Does USCIS notify themselves about I-130 been approved.

Q2: Should I do INFOPASS to provoke any action on I-485?

Q3: What was the time line for you guys after approval I-130 till interview on B2 expired status?

Thanks for any input...

[antda 13]

Hi Maad,

Yes, you can "adjust your status" (provided that you had status before, which I assume from what you said was a B2 status) here in the USA, and then eventually get "permanent residency/a green card".

It's not illegal that you came to the US and get married while you were down here for a visit from another country. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist (B2) visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO YOUR HOME COUNTRY until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (Medical Forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

In answer to your specific questions:

1) Yes, you will get an NOA notification as to when your I-130 is approved. We got ours about a week later, after we sent that in along with the rest of the application forms for our case.

2) For the I-485 (Adjustment of Status/AOS) form it is a separate form you have to file that together with the I-130, as if you don't file this form and other required forms for the AOS, your application will be "incomplete" and your permanent residency will not be granted. No need to provoke action for them to send you the form. You just find the form (a current version of it should be available on the www.uscis.gov, under "immigration forms"), fill it out, and send it in with all of the required forms for the adjustment of status (which I listed for you above).

3) In my situation, the entire process from preparing the paperwork, sending in the forms, and finally getting approved for the green card, took about 7 months (but we had some problems along the way too). For more information about my situation, see my VJ Timeline (the link can be found on my signature below).

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

It is out of pure curiosity and impatience

When your spouse received approval for I-130 what did it say?

Mine says "The petition indicates that the person for whom you are petitioning is in the United States and will apply for AOS. He or she should contact the local USCIS office to obtain form I-485. A copy of this notice should be submitted with the application" etc.. about approval NOT been sent to NVC.

I did file I-485 a few days after I-130, not even dreaming about I-130 been approved in less then a month.

Q1: Does USCIS notify themselves about I-130 been approved.

Q2: Should I do INFOPASS to provoke any action on I-485?

Q3: What was the time line for you guys after approval I-130 till interview on B2 expired status?

Thanks for any input...

Edited September 16, 2008 by AntandD

[Maad 0]

3) In my situation, the entire process from preparing the paperwork, sending in the forms, and finally getting approved for the green card, took about 7 months (but we had some problems along the way too). For more information about my situation, see my VJ Timeline (the link can be found on my signature below).

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Thank you!

The problem however is slightly different.

You filed I-130 & I-485 together. In one package.

I did file I-485 two weeks later than I-130.....

that's where my question came from.. do one center knows what another one is doing?

How will NBC know that CSC approved my application?

[antda 13]

Hi Maad,

You're welcome. I don't think it would cause any problems if you filed the paperwork separately, as they are both kept as a record in one central database at the USCIS (actually you can check for your case updates of all you cases there too). If in doubt though, I would send the copies of the NOAs to both of the centres, so "the right hand knows what the left hand is doing" and you can prove that you sent in both applications currently.

Ant

Thank you!

The problem however is slightly different.

You filed I-130 & I-485 together. In one package.

I did file I-485 two weeks later than I-130.....

that's where my question came from.. do one center knows what another one is doing?

How will NBC know that CSC approved my application?

[Hydey 0]

I am in a similiar situation on the VWP, my biometrics were done 4-5 days ago and i'm getting majorly impatient in awaiting my EAD card, what can i do to speed this up?!!!

[Lili 3]

I am in a similiar situation on the VWP, my biometrics were done 4-5 days ago and i'm getting majorly impatient in awaiting my EAD card, what can i do to speed this up?!!!

Nothing.

[Hydey 0]

Eh.