Filing I-130 to remain in Status

[dancasoo 0]

Hi ,

I'm finding this forum very useful, but would like some clarification on a question I have. My visa runs out on July 1st (L1-B). We are getting married on May 3rd. We plan to file the I-130 form a week later, when we get the marraige cert. Do I need to send in the other forms, G-325, I-864, I-485, the same time I submit the I-130 form? Can I just submit the I-130 on it's own, to allow my visa status to change to AOS, and allow me to stay here legally in the US beyond July 1st? Does my visa status change to AOS the day I submit the I-130 form? Thanks in advance for you help:-)

[misr 0]

I believe that you are mixing two different thing together. For your legal stay, you must file for some sort of extension and that would be a different route altogether.

For your after marriage process; you need to send completed I-130 and all 4 sheets of G-325 each. The I-130 process at it level best is getting approved in around 6months. Once you file, it is whole lot of waiting time. Once your application is approved, thats when you file I-864

Again, I am not the expert in this matter but you dont want to stay beyond your VISA period.

I would like to hear from other people as well. Best of luck.

Hi ,

I'm finding this forum very useful, but would like some clarification on a question I have. My visa runs out on July 1st (L1-B). We are getting married on May 3rd. We plan to file the I-130 form a week later, when we get the marraige cert. Do I need to send in the other forms, G-325, I-864, I-485, the same time I submit the I-130 form? Can I just submit the I-130 on it's own, to allow my visa status to change to AOS, and allow me to stay here legally in the US beyond July 1st? Does my visa status change to AOS the day I submit the I-130 form? Thanks in advance for you help:-)

[payxibka 10,045]

Hi ,

I'm finding this forum very useful, but would like some clarification on a question I have. My visa runs out on July 1st (L1-B). We are getting married on May 3rd. We plan to file the I-130 form a week later, when we get the marraige cert. Do I need to send in the other forms, G-325, I-864, I-485, the same time I submit the I-130 form? Can I just submit the I-130 on it's own, to allow my visa status to change to AOS, and allow me to stay here legally in the US beyond July 1st? Does my visa status change to AOS the day I submit the I-130 form? Thanks in advance for you help:-)

you are all mixed up.. the I-130 alone does NOTHING for your status.... the I-485 does

[dancasoo 0]

Hi,

Thanks for the replies. My understanding of the process is a little clearer. As I understand it now, I need to submit the following forms. I-130, G-325a, I-864 and I-485 together. My question is now, when I submit these forms, around mid May, what happens on the 1st July, when my L1-b status runs out. Is it legal for me to stay, pending the paperwork going through the system? Does my visa status change, when I submit the forms listed above?

[payxibka 10,045]

Hi,

Thanks for the replies. My understanding of the process is a little clearer. As I understand it now, I need to submit the following forms. I-130, G-325a, I-864 and I-485 together. My question is now, when I submit these forms, around mid May, what happens on the 1st July, when my L1-b status runs out. Is it legal for me to stay, pending the paperwork going through the system? Does my visa status change, when I submit the forms listed above?

it has been said that you move into a "pending" status

[dancasoo 0]

where does it said I move to a pending state

[payxibka 10,045]

where does it said I move to a pending state

I wrote "It has been SAID"... If it was written and I knew where, I would have said so...

Edited April 9, 2009 by payxibka

[TayRivers 4]

Once you have filed the AOS you are allowed to remain in the US until a desision has been made on your case. Durring that period your Status will be Adjustment Application Pending. So there is nothing for you to file to extend your status other than the AOS after your marriage.

Here is the link to the step by step instructions for your case type.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[dancasoo 0]

So, to my initial question leading the thread, where do I stand on July 1st.

[dancasoo 0]

Thanks Tay for your courteous reply. I appreciate your help. I have one last question. If I try to submit my paperwork after we're married, but due to time constraints can't get all the paperwork together before July 1st, where does that leave me.

[payxibka 10,045]

Thanks Tay for your courteous reply. I appreciate your help. I have one last question. If I try to submit my paperwork after we're married, but due to time constraints can't get all the paperwork together before July 1st, where does that leave me.

it leaves you out of status and accruing overstay time until the I-485 is filed

[TayRivers 4]

Thanks Tay for your courteous reply. I appreciate your help. I have one last question. If I try to submit my paperwork after we're married, but due to time constraints can't get all the paperwork together before July 1st, where does that leave me.

If you failed to apply for the AOS by July 1st you would be out of status, So you need to try and file before that date if you can. While you would be accruing out of status time from July 1st until USCIS receive your AOS any out of status time is forgiven at interview if you are married to a US Citizen.

If your out of status time was to get to 180 days you MUST not leave the US as that would trigger a 3 year ban on re-entry even if you had the Advanced Parole to allow you to return, You would need to wait until you have your Greencard before you leave the US and return.

Hope this helps