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tenshiswife

I-130 and AOS to file separately.. HELP!!!

By tenshiswife in Adjustment of Status from Work, Student, & Tourist Visas

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tenshiswife Explorer

tenshiswife   1

Posted
Filed: Lift. Cond. (pnd) Country: Malaysia
 Timeline
Posted

Im holding a tourist visa and recently got married to USC. My tourist visa will expire on 18 March 2010. Understand i should file I-130 and AOS concurrently before my visa expire but due to financial issue, we are unable to come out with that amount of money. We got to wait for his tax refund which we probably will get it in April or May. Meaning, i will be out of status (overstay illegally for few weeks). Is that possible to file I-130 first then file AOS few months later (after we got the remaining of the money) or should i file both together later even though i am out of status. I am confuse and i really need advise and help here.

Is there any other alternative that my husband and i can explore? I dont wish to go back to my home country and being separate from him.

Adjust from B2

09 Nov 2010 - File for 130, AOS, EAD and AP (sent via USPS Delivery Confirmation)

16 Nov 2010 - NOAs 1 received via email & check was cashed)- Day 5

19 Nov 2010 - Hardcopy of NOAs 1 (AR, AOS, EAD and AP)- Day 8

23 Nov 2010 - Received Biometric App Letter (14 Dec 2010 @ 11am)- Day 12

14 Dec 2010 - Biometric App - Day 33

21 Dec 2010 - Received 2nd Biometric App - Day 40

29 Dec 2010 - 2nd Biometric App - Day 48

14 Feb 2011 - Interview App - (approved together with I-130)Day 95

19 Feb 2011 - Received GC notice via USPS (Welcome to America) - Day 100

Removing of Conditions

14 Dec 12 - Sent I 751 package

19 Dec 12 - Received NOA1

22 Dec 12 - Received Biometric Apt Letter

10 Jan 13 - Biometric Apt

jkminney Community Regular

jkminney   30

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted
Im holding a tourist visa and recently got married to USC. My tourist visa will expire on 18 March 2010. Understand i should file I-130 and AOS concurrently before my visa expire but due to financial issue, we are unable to come out with that amount of money. We got to wait for his tax refund which we probably will get it in April or May. Meaning, i will be out of status (overstay illegally for few weeks). Is that possible to file I-130 first then file AOS few months later (after we got the remaining of the money) or should i file both together later even though i am out of status. I am confuse and i really need advise and help here.

Is there any other alternative that my husband and i can explore? I dont wish to go back to my home country and being separate from him.

Just a question...Why would it take till April or May to get a tax refund? The forms are legally required to be sent out by Jan 31st. If he has his w-2 he can efile and request direct deposit and would have the tax refund in 8-15 days.

10-16-2010 Married

03-17-2011 I-130 sent

03-19-2011 I-130 received

03-23-2011 NOA1

03-25-2011 Touch

06-16-2011 NOA2

07-18-2011 NVC Received

07-19-2011 Emailed DS 3032

07-29-2011 Emailed DS 3032 AGAIN-still no response

08-03-2011 AOS Bill Generated

08-03-2011 AOS Bill Paid

08-03-2011 Emailed DS 3032 Yet Again!!!

08-05-2011 Mailed AOS packet

08-08-2011 AOS packet delivered

08-08-2011 DS 3232 accepted

08-09-2011 IV Bill Generated/Paid

08-10-2011 IV marked PAID

08-10-2011 IV packet Mailed

08-11-2011 IV packet delivered

08-16-2011 AOS package processed

08-22-2011 IV packet processed

08-22-2011 SIF/Case Closed

08-25-2011 Interview date received

10-13-2011 Interview-APPROVED

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  • 4 weeks later...
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a B2 visa and the prior forum is for K1, K2, K3 & K4**

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

smiley1 Explorer

smiley1   3

Posted
Filed: AOS (pnd) Country: Romania
 Timeline
Posted
Im holding a tourist visa and recently got married to USC. My tourist visa will expire on 18 March 2010. Understand i should file I-130 and AOS concurrently before my visa expire but due to financial issue, we are unable to come out with that amount of money. We got to wait for his tax refund which we probably will get it in April or May. Meaning, i will be out of status (overstay illegally for few weeks). Is that possible to file I-130 first then file AOS few months later (after we got the remaining of the money) or should i file both together later even though i am out of status. I am confuse and i really need advise and help here.

Is there any other alternative that my husband and i can explore? I dont wish to go back to my home country and being separate from him.

You can file for I-130 first and then for I-485 the only thing is that you will probably need to go 2 interviews.You can also wait for a few weeks and file together because you are ok for up to 180 days after your visa expires even if you are not married to USC. In your case being already married to a USC you even if you overstay longer it doesn't really matter.

Good luck !

01/16/2010 Sent AOS Package (I-131,I-485,I-765)

01/19/2010 Package received in Chicago, Received date on NOA

01/25/2010 Date on the back of the check with MSC number NOA Notice date

01/27/2010 Check cashed

01/28/2010 Touch on I-131,I-485, I-765 (also the notice date on biometric appt)

01/29/2010 NOA hard copies received

02/01/2010 Biometrics letter maild by USCIS

02/04/2010 Received biometric letter

02/09/2010 Biometrics done walk-in and I-765 /I-485 touched

02/12/2010 Biometric appointment scheduled

03/12/2010 Interview letter received

04/15/2010 Interview day!8:45 am the interview went well and I was told to wait for the answer 2-4 weeks

04/15/2010 3:00pm Text and e-mail- Card production ordered Status DocumentProduction/Oath Ceremony

04/16/2010 I-485 touched

04/19/2010 Welcome notice received (notice date 04/15/2010)

04/20/2010 Text msg case updated: 2nd card production ordered

04/21/2010 I-485 touched

04/22/2010 Text :Approval notice sent.Status changed to Post-Decision Activity

04/23/2010 I-485 touched

04/26/2010 Received GC (postmarked on 04/23/2010)

tenshiswife Explorer

tenshiswife   1

Posted
Filed: Lift. Cond. (pnd) Country: Malaysia
 Timeline
  • Author
Posted
You can file for I-130 first and then for I-485 the only thing is that you will probably need to go 2 interviews.You can also wait for a few weeks and file together because you are ok for up to 180 days after your visa expires even if you are not married to USC. In your case being already married to a USC you even if you overstay longer it doesn't really matter.

Good luck !

thank you. awesome! now i can sleep well tonight..this is a good wedding present news for me :)

Adjust from B2

09 Nov 2010 - File for 130, AOS, EAD and AP (sent via USPS Delivery Confirmation)

16 Nov 2010 - NOAs 1 received via email & check was cashed)- Day 5

19 Nov 2010 - Hardcopy of NOAs 1 (AR, AOS, EAD and AP)- Day 8

23 Nov 2010 - Received Biometric App Letter (14 Dec 2010 @ 11am)- Day 12

14 Dec 2010 - Biometric App - Day 33

21 Dec 2010 - Received 2nd Biometric App - Day 40

29 Dec 2010 - 2nd Biometric App - Day 48

14 Feb 2011 - Interview App - (approved together with I-130)Day 95

19 Feb 2011 - Received GC notice via USPS (Welcome to America) - Day 100

Removing of Conditions

14 Dec 12 - Sent I 751 package

19 Dec 12 - Received NOA1

22 Dec 12 - Received Biometric Apt Letter

10 Jan 13 - Biometric Apt

 
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