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lisenok

Overstay , marriage to US citizen, what forms to fill up?

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

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lisenok Apprentice

lisenok   0

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

First of all I want to thank everyone on this forum. It's so helpfull. It's my first post, but I was reading VJ for a while now :) I got married to the man i love this September. I've been in US already since 2004, came on J1 ( no 2 year rule), exchanged status to B2, overstayed B2 in 2005, since then I was out of status. Now my husband going to file for my "AOS". We can't really afford a lawyer right now, though everyone suggesting one because of my overstay. I think we can try to do it on our own. Just need to confirm where to start from, what forms to fill: I-130 with I-485, I-864 and all supporting documents, and application for employment card. Is it correct? I read a VJ guide many times, but wondering if there is anything else needed 'cause of my long overstay.

09/04/2011- got married

10/18/2011(day 0)- mailed AOS package to Chicago Lock box via USPS Express

10/19/2011(day 1)- packaged delivered

10/21/2011(day 3) - received email notification

10/24/2011(day 5)- Checks Cashed ($1490)

10/25/2011(day 6)- Hard Copy of NOA1 ( I-130,I-485,I-765)

10/29/2011(day 10)-Biometrics letter for 11/10/2011 11.00 a.m

11/01/2011----------Got my Drivers License with NOA1 ( for 1 year) :)

11/10/2011(day 23)-Biometrics done for I-765/I-485

12/16/2011- EAD production notice

12/21 & 12/22 - again EAD production/approval notice ( I guess it's mailed out)

12/24/2011- EAD card in hand

02/22/2012- Update on USCIC.com- interview scheduled for March 26th

xxxxxx Interview notice

xxxxxx Green Card

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Overstay is overlooked for immediate relatives of USCs, so that won't be an issue. Just do not leave the country until you have your green card in hand, or you'll be banned from re-entering for 10 years.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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lisenok Apprentice

lisenok   0

Posted
Filed: AOS (pnd) Country: Russia
 Timeline
  • Author
Posted

Overstay is overlooked for immediate relatives of USCs, so that won't be an issue. Just do not leave the country until you have your green card in hand, or you'll be banned from re-entering for 10 years.

Thanks. I know the overstay is forgiven. I was asking about the forms that I have to send to USCIS. If i need any other forms or waivers.

09/04/2011- got married

10/18/2011(day 0)- mailed AOS package to Chicago Lock box via USPS Express

10/19/2011(day 1)- packaged delivered

10/21/2011(day 3) - received email notification

10/24/2011(day 5)- Checks Cashed ($1490)

10/25/2011(day 6)- Hard Copy of NOA1 ( I-130,I-485,I-765)

10/29/2011(day 10)-Biometrics letter for 11/10/2011 11.00 a.m

11/01/2011----------Got my Drivers License with NOA1 ( for 1 year) :)

11/10/2011(day 23)-Biometrics done for I-765/I-485

12/16/2011- EAD production notice

12/21 & 12/22 - again EAD production/approval notice ( I guess it's mailed out)

12/24/2011- EAD card in hand

02/22/2012- Update on USCIC.com- interview scheduled for March 26th

xxxxxx Interview notice

xxxxxx Green Card

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Little_My Proficient

Little_My   464

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

The forms are listed under the "Guide" section of VJ. You seem to have the right ones already - I-130, I-485, I-765 for employment document, and then I-693 for medical check and I-864, affidavit of support. The only one you should not fill out is the I-131 for travel document, as you cannot use it because of the overstay.

The guide you want to be looking at is this one: http://www.visajourney.com/content/i130guide2

There are no waivers that are relevant to your case.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Thanks. I know the overstay is forgiven. I was asking about the forms that I have to send to USCIS. If i need any other forms or waivers.

No, that was my point. It's forgiven so it won't be an issue and you don't need a lawyer or waivers for it - so long as you don't leave the country.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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lisenok Apprentice

lisenok   0

Posted
Filed: AOS (pnd) Country: Russia
 Timeline
  • Author
Posted

Thank you. That's what i wanted to hear. :)

09/04/2011- got married

10/18/2011(day 0)- mailed AOS package to Chicago Lock box via USPS Express

10/19/2011(day 1)- packaged delivered

10/21/2011(day 3) - received email notification

10/24/2011(day 5)- Checks Cashed ($1490)

10/25/2011(day 6)- Hard Copy of NOA1 ( I-130,I-485,I-765)

10/29/2011(day 10)-Biometrics letter for 11/10/2011 11.00 a.m

11/01/2011----------Got my Drivers License with NOA1 ( for 1 year) :)

11/10/2011(day 23)-Biometrics done for I-765/I-485

12/16/2011- EAD production notice

12/21 & 12/22 - again EAD production/approval notice ( I guess it's mailed out)

12/24/2011- EAD card in hand

02/22/2012- Update on USCIC.com- interview scheduled for March 26th

xxxxxx Interview notice

xxxxxx Green Card

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