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chilenita

confused about status!!!!

By chilenita in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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chilenita Newbie

chilenita   0

Posted
Filed: Country: Australia
 Timeline
Posted

Hi

I am not sure if this is where I post this, my apologies if not!

I am an australian citizen married to an USC, for 2 Yrs 3mths, I have been in the US for 3 yrs or so, entered on visa waiver ........I am confused about my status, I have 2 children born here in the US......does my status automatically change because I have been married for more than 2 yrs?? please help

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

You are out of status and have been since your visa waiver expired... you need to file for Adjustment of Status and your spouse has to file I-130 see guide at the top:- US Citizen and Spouse both live/reside in the US:

You might want to talk to an immigration lawyer..... but whatever you do... DO NOT LEAVE THE USA UNTIL YOU HAVE A GREENCARD.... because you have been out of status for more than 1 year you will receive an automatic 10 year ban if you try to re-enter the States...

Hope this helps

Kezzie

kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

Looks like you are out of status, having overstayed the time you are allowed in the US on VWP. You do not acquire status from being married to an USC, regardless of whether it's 2 yrs. Don't leave the country until you figure out what the next steps are -- you may be subject to a ban.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

chilenita Newbie

chilenita   0

Posted
Filed: Country: Australia
 Timeline
  • Author
Posted
You are out of status and have been since your visa waiver expired... you need to file for Adjustment of Status and your spouse has to file I-130 see guide at the top:- US Citizen and Spouse both live/reside in the US:

You might want to talk to an immigration lawyer..... but whatever you do... DO NOT LEAVE THE USA UNTIL YOU HAVE A GREENCARD.... because you have been out of status for more than 1 year you will receive an automatic 10 year ban if you try to re-enter the States...

Hope this helps

Kezzie

Thank you

will me being married for more than 2 yrs help my situation?

kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

It should help establish that your marriage is genuine, you probably have a lot of evidence for living as husband and wife, and the kids on top of that. So, there should be no doubt that you are a married couple. It does not help with the overstay however. You may want to consult an attorney on how to proceed.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

It would not matter whether you were married 2 years or 20 years... you will need to prove joint living together for AOS.... having 2 kids will help....

The guides are good and will help you fill in all the forms.... and of course feel free to ask for help too...

You may still want to run everything past a immigration lawyer.....

Kezzie

 
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