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Filing I-130 and I-485 together with I-131 on I94 visa

By 50 cool 50 in Adjustment of Status from Work, Student, & Tourist Visas

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50 cool 50 Apprentice

50 cool 50   0

Posted
Filed: Country: United Kingdom
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Posted

Hi peeps

I am about to file my I-130 together with my i-485 and i-765

I came to the USA on a I94 ,

and we got held up receiving my wifes pay slips from her employer and now the I-94 is just expired :0(

to add to all this excitement, I now have to fly to Singapore November 1st for some business and i thinking of filing I-131 in the package when i send it off.

2 questions:

1. can i file the i-131 in the package if my I94 has expired?

2. If i can file the I-131 does the i-765 fee waiver still apply for filing all these forms in a complete package?

looking forward to your input on this connundrum

married to american with baby daughter!!

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

What visa did you come in on? A K-3? General wisdom is that you can file the I-131, and it will likely be approved, but you may be refused at the border coming back into the country if you leave, regardless, because of the overstay, and it is not worth the risk. However, this is from my reading the AOS from non-K visas; if you did come in on a K-3, others will have to answer.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted (edited)

*** not a k-3 visa question - moving to AOS forum ***

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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