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cherryswife

Just filed I-485, I have a few questions....

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Hi all....

I hope I can get some insight from you guys... Here is our story:

I met a guy on the internet one year ago. I visited and met him for the first time in October, stayed here (california) for one week then returned home (australia). Came back for another vacation in Feb for three weeks, couldn't bear to leave him; so from afar I quit my job, etc etc and stayed here, and have been here since.

We married on April 25th and following that, he filed an I-130 - petition for alien relative. I had called USCIS and they said to lodge the I-130 and I-485 together, but I had to get most of my shots again and the tax data we were waiting for for the I-485 took some time to come through so we sent the I-130 first, as I was nervous about being illegal, without having filed any forms. (I called the USCIS again to ask if it was ok to file them separately, the lady said that is something i have to decide)

Anyway... we never got the I-485/change of status lodged until late june - my visa waiver expired May 4th. Firstly, do you envisage this being an issue?

Secondly, they have just cashed our check ($1010) for the I485. Does that mean something good, or do they cash all the checks once received? Which leads me to my third question, if, god forbid, our application is denied, do they refund the thousand dollars?

I have everything crossed but the delays with my medical and his taxes took us to almost 2 months after my visa expired.

Please help ease my mind, I am stressed. My husband says it will be fine, but he has never had any experience with this so is just saying that to keep me happy!

One more question - do we wait to hear from them now or are there more forms I have missed, that we have to lodge after the change of status?

Thank you in advance.

Edited by cherryswife
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Firstly, do you envisage this being an issue? Only if you leave the US - otherwise your overstay (if the I-130 & I-485 are approved) will be forgiven.

Secondly, they have just cashed our check ($1010) for the I485. Does that mean something good, or do they cash all the checks once received? Which leads me to my third question, if, god forbid, our application is denied, do they refund the thousand dollars? Check is cashed upon opening the package - just means means they received it. No refunds - ever.

I have everything crossed but the delays with my medical and his taxes took us to almost 2 months after my visa expired.

Please help ease my mind, I am stressed. My husband says it will be fine, but he has never had any experience with this so is just saying that to keep me happy!

One more question - do we wait to hear from them now or are there more forms I have missed, that we have to lodge after the change of status? Check HERE to see what is needed versus what you sent.

There is a lot of wait-and-see to this thing we call our Visa Journey - during the waiting periods it is best to become as familiar with the process as possible - much of what you need to know is posted in the Guides, Example Forms, Processing Times and the like.. :thumbs:

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Filed: AOS (apr) Country: Zambia
Timeline

I assume you also paid for the I-130? It's a separate fee, about $300.

Assuming no other issues, and your fees are paid in full, you will receive your NOA1 (letter of receipt) and you can use that as evidence you are here legally pending approval for your green card. If they want more information, they will write you.

Sometime in late August, you should receive a notice of an appointment to have your biometrics and about two weeks after you do that, you will probably receive your work permit. At that point, you can obtain your Social Security number (no fee). Then wait some more. About two months in advance of your interview for the green card, you should receive their letter telling you of the appointment and what you both will be required to bring. USCIS tends to overlook any lapse in the visa so long as they are absolutely convinced you have a bona fide marriage with documents to prove it. Even the fact that you hadn't known each other for a long time will be overlooked, if everything is in order and you haven't done something like working without a permit.

None of the fees are refundable.

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Thank you!!!!! You have made me very happy. And, I have checked that link and have filed all I need to file. Woohoo!

I assume you also paid for the I-130? It's a separate fee, about $300.

Assuming no other issues, and your fees are paid in full, you will receive your NOA1 (letter of receipt) and you can use that as evidence you are here legally pending approval for your green card. If they want more information, they will write you.

Sometime in late August, you should receive a notice of an appointment to have your biometrics and about two weeks after you do that, you will probably receive your work permit. At that point, you can obtain your Social Security number (no fee). Then wait some more. About two months in advance of your interview for the green card, you should receive their letter telling you of the appointment and what you both will be required to bring. USCIS tends to overlook any lapse in the visa so long as they are absolutely convinced you have a bona fide marriage with documents to prove it. Even the fact that you hadn't known each other for a long time will be overlooked, if everything is in order and you haven't done something like working without a permit.

None of the fees are refundable.

Thank you!

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Don't know if you filed for AP (I-131) but if you did, don't use it if you've overstayed. You'll be banned from coming back.

Try not to worry too much. My husband was a VWP overstayer, longer than yours. ;) We had all we needed to prove bonafide marriage, so we had no problems. We weren't even asked about the overstay or VWP.

I cannot say the way you're going about it is without risk, because it isn't. It's certainly not the safest or most preferred method of adjusting. MOST of the time though, it works out just fine.

It will help to have all of your ducks in a row so to speak. If you've done thorough research and continue to make it a priority to get everything straight, I doubt you will have any problems. Keep posting here, there are plenty like you. :)

Good luck!

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