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harry_burton32

Overstayed Visa, Adjustment in Future

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Filed: Citizen (pnd) Country: Australia
Timeline
and if AOS is approve she will get the Green Card ? Tourist Visa Status -> Permanent Residence Status ?

After the AOS is approved she will be a Condition Permanent Resident (assuming your interview is within 2 years of marriage date). Between 1 yr & 9 months & 2 years after the AOS interview, she needs to submit an I-751, which may or may not require an interview - with supporting information to show the marriage is still "real", and after this is approved she becomes a Permanent Resident. Three years after her AOS interview date, assuming still married OK, she is eligible to apply for citizenship.

Be aware that , as part of the I-130/I-485, you will also need to file an I-864, Affidavit of Support. You will need to prove that you have income above a set level, and, also this form makes you financially responsible for your wife for a set period of time. If you do not have adequate income, you will need to get a sponsor to proved an I-864 for your wife.

At this point, I suggest you start reading up on AOS, and visiting that forum on this board. Lots of good info there - you might find some resentment though, as there are posters on that board who applied for fiancee visa etc while their fiancee's were overseas, and there can be some bad feeling sometimes towards people who's future partners have entered the US on visitors visa, then married and adjusted status form within the US. However, don't get upset be that, and just get the info and help you need to proceed with your personal case.

N400 at California SC, Field office- Los Angeles

Sep 3, 2007 Application Mailed

Sep 12, 2007 - Priority date

Nov 9,2007 - check cashed

Nov 20,2007 - NOA1: "expect to be notified within 425 days of this notice",

Jan 10, 2008 - fingerprints appointment (letter lost due to mailing address receipted incorrectly)

Feb 7, 2008 - fingerprints done (took about 10 min - as a walk-in)

Sept 8, 2008 - Interview date (letter received Jul 18) - rescheduled at my request

Jan 6, 2009 - Interview date

Feb 26, 2009 - Citizenship Oath

*online status "case received Oct 29", no touches showing.

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