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tenshiswife

HELP - B2 tourist visa on AOS ( just got married)

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

My husband and i recently got married. I was under B2 tourist visa. My visa is going to expire on 18 March 2010. It is NOT our intention to get married. It was a spontaneous decision. I need help over here. Can i overstay then only file for AOS here? We can only be able to file in May. Or can we file Form I-130 first (before visa expiration) then only I-485 later. Or must i file both together at the same?

Appreciate everyone help over here.

Thanks

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

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

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
My husband and i recently got married. I was under B2 tourist visa. My visa is going to expire on 18 March 2010. It is NOT our intention to get married. It was a spontaneous decision. I need help over here. Can i overstay then only file for AOS here? We can only be able to file in May. Or can we file Form I-130 first (before visa expiration) then only I-485 later. Or must i file both together at the same?

Appreciate everyone help over here.

Thanks

You should be ok - however, after 18 March, you will be out of status, subject to ICE issues, until you get the NOA from the AOS.

File both the forms together - :guides: above will help you.

I think you mean your I-94 expiring, not your visa.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

juliava Proficient

juliava   80

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

I agree with Bobby+Umit. File everything together and make sure you find a way to prove that you didn't have the intention to get married when you initially entered US.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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