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Filed: Country: Peru
Timeline
Posted

My parents brought me to the us when i was 13, (b1/b2 visa) I am 22 now and married to a us citizen, my wife and i are having problems and need someone to help us what we should do in order to fix my status. so far all we know is that we need to file i-130 and i-485, is this really what we need to do????? can some one guide us what should we do?!?!

Filed: Citizen (apr) Country: China
Timeline
Posted

Yes, you are way overstay and out of status, the only way you can change your legal status is to adjust it and get a green-card.

Leaving and the trying to return to the USA will result in a 10 year bar.

Start here: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Moving this to the AOS from Work/Student/TOURIST visa forum..

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Country:
Timeline
Posted
^ thanks for your answer and for your link, doe it matter that the visa expires on feb 2012???

Nope, what matters is that your period of authorized stay ended no more than 6 months after you originally entered. Then 6 months after your 18th birthday you started accumulating illegal presence. Once you hit more than 1 year of illegal presence you will get a 10 year ban if you leave before completing the AOS Process.

Posted (edited)

^ thanks for your answer and for your link, doe it matter that the visa expires on feb 2012???

When did the I-194 expired, that's when your overstay started. What type of visa did your family arrive on, if it was a visitor visa, then you can pretty much conclude that no visitor visa gives anyone years to visit at a time. You are using the incorrect terminology, a visa is a multi-entry pass. The I-194 tells you how long you can visit for that entry.

Your post leaves out alot of important information, please give the what, when, where and how facts to your story.

Edited by LIFE'SJOURNEY
Filed: Country: Peru
Timeline
Posted

thanks guys, i really dont know too much about the subject, im just asking so i don't do anything stupid.... so I should start with the I-130 and I485???

When did the I-194 expired, that's when your overstay started. What type of visa did your family arrive on, if it was a visitor visa, then you can pretty much conclude that no visitor visa gives anyone years to visit at a time. You are using the incorrect terminology, a visa is a multi-entry pass. The I-194 tells you how long you can visit for that entry.

Your post leaves out alot of important information, please give the what, when, where and how facts to your story.

my visa says R B1/B2....

Filed: Citizen (apr) Country: China
Timeline
Posted

^ thanks for your answer and for your link, doe it matter that the visa expires on feb 2012???

Nope, visa expiration has to do when it can last be used to enter the USA, noting to do with how long you can visit the USA, this is set by the POE, and noted on the passport I-94 card. Overstaying the time allowed by POE and noted on I-94 is what caused a bar.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Posted

Follow the guide linked. Overstay will be forgiven/irrelevant for processing your case. Just don't leave the country.

You will file a CONCURRENT I-130/I-485 package, but that package includes a lot more than just those two forms. You will get called to get your fingerprints taken, and then you will have an interview with you, your wife, and an Immigration Officer at your local office. You can apply for a temporary Employment Card, but once you get the GC, the temporary card is no longer needed. You can apply for a travel document, but you cannot use it (if you left the country before you have your GC, even with an approved travel document, you will trigger the ban) so don't bother with that form.

Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Country: Peru
Timeline
Posted (edited)

OK guys im stuck again with the g-325a form. i was doing some research and it says that only I (the beneficiary) need to fill out the g-325a form, however the guide says that both of us need to fill out one?? do we both need to or only the beneficiary?? also the form asks for "a" file number, i don't have one, neither my wife since she is a born us citizen what do we put in there?

Edited by eas2ki
 
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