Very confused (not sure if this is the right section)

[Lisa_delo 0]

Quick back story- I entered the US 6 years ago on a holiday visa from the UK. We married and I over stayed, we soon go pregnant and were too scared to apply for my visa as we thought that I would be deported:( I've been able to move round the US easily as my my husband is military and I was issued military ID. We since have had 2 more children.

In 2007 we decided enough was enough and I need to apply so we would be free to travel internationally and so I could go home for a visit.

We have paid tons of money and sent so many form off that my head hurts.

My husband called last night and the lady told him my application process has been approved. I need to fill out a DS-230 and pay $400 for my visa once they receive the payment I will get a date for me to go over to my embassy she said between 2-4 weeks and they issue me my visa if all the paper work checks out....

Do i have an interview and a medical? Somebody once told me that they may be waived as i have been here for 6 years and we have three kids. Plus the Navy has full medical records on me from when I have been pregnant and gave birth each time.

I'm really confused. Could I really have a visa before christmas?

[Lisa_delo 0]

When we check the status online its on the Post-Decision Activity button, the only one after it is Document production or Oath Ceremony........

Is this good?

[MonkeyJuice 3]

So you overstayed for several years & you have to go back to UK for an interview? That doesn't sound right. What have you applied for a K3 visa? If you leave the US you will be banned from re-entering because of the overstay.

If you married in US & stayed you should send in your I-130 & I-485 to USCIS & adjust status to permanent resident from your tourist visa.

Someone with more knowledge on this will provide more info I'm sure.

[Otto 83]

As the previous poster stated; this doesn't sound correct or not enough information was posted. You really can't apply for a visa to the US from within the US (a visa by definition is used to enter the US and since you're already here...).

To clarify - can you state exactly what you've done so far in the process? (What forms etc...)

[Lisa_delo 0]

So you overstayed for several years & you have to go back to UK for an interview? That doesn't sound right. What have you applied for a K3 visa? If you leave the US you will be banned from re-entering because of the overstay.

If you married in US & stayed you should send in your I-130 & I-485 to USCIS & adjust status to permanent resident from your tourist visa.

Someone with more knowledge on this will provide more info I'm sure.

No I didn't mean I have to go back for an interview, I was asking would I still have to do the interview and medical in though I am already here? Do they normally take place in your own country? I have no idea how things work as we really screws the whole process up by not doing things right.

[Lisa_delo 0]

Sorry I am really confusing everyone else as well as myself

We applied to adjust my status, we filled and sent off the I-130 petition for alien relative.

[Lisa_delo 0]

When we check the status online its on the Post-Decision Activity button, the only one after it is Document production or Oath Ceremony........

Is this good?

This is the stage we are up too.

[NCWife 0]

This is weird. Did you also file for I-485 which is the adjustment of status? I am not an expert but if you filed for I-130 alone, it is like filing for a K-3 Visa.

The response from the "lady" makes it sound like your I-130 (K3) petition has been approved and you need to attend an interview at the US Embassy back home before they issue you a visa.

However, with you already being in the USA and overstaying, you need to file for I-485 and I-130 in order to obtain a green card.

So, please enlighten us with more info what other forms did you send in in order for us to help you further.

Cheers...

Sorry I am really confusing everyone else as well as myself

We applied to adjust my status, we filled and sent off the I-130 petition for alien relative.

Edited October 25, 2009 by NCWife

[Lisa_delo 0]

Yes we sent off both the I-485 and I-130, I had letters saying both have been approved. Just confused as we have never done an interview. We are planning on calling back on Monday to find out exactly what is going on and what is happening.....

This is weird. Did you also file for I-485 which is the adjustment of status? I am not an expert but if you filed for I-130 alone, it is like filing for a K-3 Visa.

The response from the "lady" makes it sound like your I-130 (K3) petition has been approved and you need to attend an interview at the US Embassy back home before they issue you a visa.

However, with you already being in the USA and overstaying, you need to file for I-485 and I-130 in order to obtain a green card.

So, please enlighten us with more info what other forms did you send in in order for us to help you further.

Cheers...

Sorry I am really confusing everyone else as well as myself

We applied to adjust my status, we filled and sent off the I-130 petition for alien relative.

[Lisa_delo 0]

ok from what I can gather by checking my My Case Status '

We are at the Post-Decision Activity' stage which is two stages after the Testing and Interview stage --- this stage says not all applicants will require and interview, so I am guessing because we have already been married for 6 years and have three kids we don't require one.

I am going to double check on Monday, like I said the next stage is the Document production or Oath Ceremony, so I am guessing I am being issued something, not too sure what. But they said we have to pay $400??

[trillium13 84]

I think we are all confused. Since you came on a tourist visa and overstayed for some time it seems odd that you would not have an interview. Also, you should have had to submit a medical with your application.

These are the forms you should have submitted:

I-130

G-325a

I-864

I-485

I-693

What forms did you submit? What exactly have you received in the mail? If you actually applied for AOS you would not be issued a visa at approval. You would be issued a permanent resident card.

I don't really know about the DS-230 but I read a little about it. It's a form for those applying for an immigrant visa. You're already in the US. You aren't looking for a visa at all.

[Kathryn41 3,205]

It is the $400 I find very confusing - there is no $400 fee of which I am aware, and generally, unless you have paid the necessary fee up front and in full they don't process the paperwork. Are you going through a lawyer and this is the lawyer telling you about the $400? All of the forms submitted together would cost $1010 (AOS and biometrics) plus $355 (I-130). You have to do the immigration medical before hand but that fee is paid separately to the Civil Surgeon.

Yes, green cards can be approved without an interview and the length of your marriage plus having several children together speak to the validity of your marriage. It is quite possible that you are approved without an interview. Did you go for a biometrics appointment? That would occur before any interview or any approval. Any interview would be done here in the US at your local USCIS office, though. Definitely DO NOT leave the US until you get a green card. If you do, you will incur an automatic 10 year ban and would have to start the visa process all over again with you outside of the US and then when it was denied, file a waiver - you definitely DON'T want to go that route.

Hmm - you applied in 2007? I wonder if they are charging you for the increase in AOS fees since you submitted the application? They shouldn't do that if they have had the application since 2007 - they should process it at the old rate, but that is the only situation I can see that might fit this scenario.

Also, did you talk to someone at the 1-800 number? That is also called the Misinformation line. They people who answer the phone are call center employees, not immigration officials - unless the call was forwarded upward to an Immigration Official the information itself is suspect. Did the person say an interview at the Embassy? Did she use the word visa? Neither are involved in this process so that may be another reason for the confusion.

One last thing - the online status update showing it at the Document Production or Oath Ceremony status is a good thing.

Edited October 25, 2009 by Kathryn41

[Boiler 45,913]

I will get a date for me to go over to my embassy she said between 2-4 weeks and they issue me my visa if all the paper work checks out

What did you mean by this?

[MonkeyJuice 3]

Yes it's all very odd. Who told you that you need to fill in a DS230 form? I filled in this form in the UK to apply for a K1 visa to enter the US. You are already here so you don't need an entry visa.

As Kathryn said, you would need to have your fingerprints & photos taken (biometrics) & also a medical to complete the adjustment of status application.

Could you click on the 'my assistant' & fill in your timeline on here. This might help people advise you better.

[Dina-Rich 0]

It is the $400 I find very confusing - there is no $400 fee of which I am aware, and generally, unless you have paid the necessary fee up front and in full they don't process the paperwork. Are you going through a lawyer and this is the lawyer telling you about the $400? All of the forms submitted together would cost $1010 (AOS and biometrics) plus $355 (I-130). You have to do the immigration medical before hand but that fee is paid separately to the Civil Surgeon.

Yes, green cards can be approved without an interview and the length of your marriage plus having several children together speak to the validity of your marriage. It is quite possible that you are approved without an interview. Did you go for a biometrics appointment? That would occur before any interview or any approval. Any interview would be done here in the US at your local USCIS office, though. Definitely DO NOT leave the US until you get a green card. If you do, you will incur an automatic 10 year ban and would have to start the visa process all over again with you outside of the US and then when it was denied, file a waiver - you definitely DON'T want to go that route.

Hmm - you applied in 2007? I wonder if they are charging you for the increase in AOS fees since you submitted the application? They shouldn't do that if they have had the application since 2007 - they should process it at the old rate, but that is the only situation I can see that might fit this scenario.

Also, did you talk to someone at the 1-800 number? That is also called the Misinformation line. They people who answer the phone are call center employees, not immigration officials - unless the call was forwarded upward to an Immigration Official the information itself is suspect. Did the person say an interview at the Embassy? Did she use the word visa? Neither are involved in this process so that may be another reason for the confusion.

One last thing - the online status update showing it at the Document Production or Oath Ceremony status is a good thing.

(the $400 fee is what the NVC is charging for IV fee)