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cedv

enter USA with b1/b2 visa, stayed in CA for a year and then got married

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

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cedv Rookie

cedv   2

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

please need some help!

I dated my now husband for 8 years.

in 2010 we had our daughter in CA and I didn't return to MX because he didn't want me to take the baby with me.

my I-94 expired on january 2011

in july 2011 we got married

my b1/b2 visa expired on august 2011

we apply for the I-130 and the AOS (don't remember the number of the form) on may 2012 and tomorrow I have my interview at the USCIS

so my question is:

is it going to look bad that I stayed here since 2010?

before that I was working in Tijuana MX and was going back and forth until I was 8 months pregnant.

I seriuosly don't know what I'm going to say!

should I say that I went back to MX with my daughter and came to visit often?

thanks!

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Boiler Grand Master

Boiler   45,541

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I can not see a problem, unless you lie.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

is it going to look bad that I stayed here since 2010?

No. I had been here since 2006 and been illegal since 2010 and adjusted without issue.

I seriuosly don't know what I'm going to say!

should I say that I went back to MX with my daughter and came to visit often?

thanks!

You should tell the truth. Nobody here is going to advise you say anything other than that.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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cedv Rookie

cedv   2

Posted
Filed: Lift. Cond. (pnd) Country: Mexico
 Timeline
  • Author
Posted

I can not see a problem, unless you lie.

I would not lie. It wouldn't feel right. I just want to know if staying here for a year with a tourist visa was like a big deal.

thanks guys

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KayDeeCee Grand Master

KayDeeCee   4,893

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

I would not lie. It wouldn't feel right. I just want to know if staying here for a year with a tourist visa was like a big deal.

thanks guys

Just answer truthfully to anything they ask you. Overstay is forgiven for someone married to a USC, so do not worry about being denied for the overstay.

Good luck!

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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cedv Rookie

cedv   2

Posted
Filed: Lift. Cond. (pnd) Country: Mexico
 Timeline
  • Author
Posted

Just answer truthfully to anything they ask you. Overstay is forgiven for someone married to a USC, so do not worry about being denied for the overstay.

Good luck!

oh, is not the "overstay" I worry about, it's the fact that I stayed here the year before my visa expired. Living in the states with a tourist visa... I mean, I was not staying here always but I spent like half week here and half week in mx.

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Lornaevo Collaborator

Lornaevo   48

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

YOu shouldn't be concerned about that. As everyone else mentioned. Just be honest with the IO. Don't volunteer information but don't lie if asked about something. It will be fine. I've been here since 2001 and I'm now adjusting. Good Luck.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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cedv Rookie

cedv   2

Posted
Filed: Lift. Cond. (pnd) Country: Mexico
 Timeline
  • Author
Posted

YOu shouldn't be concerned about that. As everyone else mentioned. Just be honest with the IO. Don't volunteer information but don't lie if asked about something. It will be fine. I've been here since 2001 and I'm now adjusting. Good Luck.

green card was approved!

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