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Loveday

Overstayed visitors visa, married, what now (title edited)

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

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Loveday Newbie

Loveday   0

Posted
Filed: Other Country: Nigeria
 Timeline
Posted

Hello friends,pls am new to visaJ and wld appreciate your candid help to my questions.

I came to US last sept 2012 on a B1/B2 vistor's visa and wedded on Feb 5th 2013 to a US citizen who happens to have come from same country in Africa wt me.

We knew ourselves back in 2011 when I visited US first and since then the love grew stronger.Not only being a US citizen,she is also divorced and has 2 kids.

I also got divorced from my ex wife in July 2012.Its 3 mths now since after our wedding here in US court but we have not filed yet.We plan

filing in june 2013 as my wife(a nurse) is taking her time to gather all the necessary documents.

Pls do we really need a lawyer here for filing? we have had no issues except that my visitor's visa got expired 2 mths ago.

If para adventure there is any hick up along the way,can we still hire the services of a lawyer?

Waiting to hear from u my concerned friends. Tnx.

Penguin_ie Grand Master

Penguin_ie   5,997

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

As the husband of a greencard holder, you cannot adjust status. Your best bet is to leave now, before you incur a ban for your overstay, and have her petition you asap. It will take about 2.5 years for a visa to become available.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

NigeriaorBust Grand Master

NigeriaorBust   4,087

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

As stated , you can't stay. As green card holder does have the privilege to get a spouse to adjust status. Having a lawyer will do nothing as there is no case to argue. When can your wife become a citizen ? How did she get her green card and when. Too rapidly marrying /divorcing and remarrying can cause headaches with immigration.

This will not be over quickly. You will not enjoy this.

caly Community Regular

caly   48

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

The title mentions a green card, but the OP talks about the wife being a USC. huh2.gif

If your wife is indeed a US Citizen, then you can stay and adjust status.. BUT as you have already been told, if she is not yet a Citizen, you are not eligible to adjust status.

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I am confused.

Please tell us about your current wife - is she a USCitizen or a Legal permanent resident ?

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 !

 

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted (edited)

*** Sorry that was my mistake- I split this topic from a 2 year old post about a greencard holder and gave a wrong title. Changed now. ****

OP, you can follow this guide though you do have some red flags. If you can give us a more exact timeline, we can advice you better: http://www.visajourney.com/content/i130guide2

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Loveday Newbie

Loveday   0

Posted
Filed: Other Country: Nigeria
 Timeline
  • Author
Posted

Hello friends,pls am new to visaJ and wld appreciate your candid help to my questions.

I came to US last sept 2012 on a B1/B2 vistor's visa and wedded on Feb 5th 2013 to a US citizen who happens to have come from same country in Africa wt me.

We knew ourselves back in 2011 when I visited US first and since then the love grew stronger.Not only being a US citizen,she is also divorced and has 2 kids.

I also got divorced from my ex wife in July 2012.Its 3 mths now since after our wedding here in US court but we have not filed yet.We plan

filing in june 2013 as my wife(a nurse) is taking her time to gather all the necessary documents.

Pls do we really need a lawyer here for filing? we have had no issues except that my visitor's visa got expired 2 mths ago.

If para adventure there is any hick up along the way,can we still hire the services of a lawyer?

Waiting to hear from u my concerned friends. Tnx.

Loveday Newbie

Loveday   0

Posted
Filed: Other Country: Nigeria
 Timeline
  • Author
Posted

Sorry,I wondered where the error came from.My spouse is not a green card holder but a complete US citizen.Could u read again my questions pls? "Hello friends,pls am new to visaJ and wld appreciate your candid help to my questions.

I came to US last sept 2012 on a B1/B2 vistor's visa and wedded on Feb 5th 2013 to a US citizen who happens to have come from same country in Africa wt me.

We knew ourselves back in 2011 when I visited US first and since then the love grew stronger.Not only being a US citizen,she is also divorced and has 2 kids.

I also got divorced from my ex wife in July 2012.Its 3 mths now since after our wedding here in US court but we have not filed yet.We plan

filing in june 2013 as my wife(a nurse) is taking her time to gather all the necessary documents.

Pls do we really need a lawyer here for filing? we have had no issues except that my visitor's visa got expired 2 mths ago.

If para adventure there is any hick up along the way,can we still hire the services of a lawyer? and what documents do we need to file along with our forms for the initial posting b4 the actual interview.

Meanwhile we have our lease ready,Wee energy ready,Marriage cert ready,Can we file with these three?

Waiting to hear from u my concerned friends. Tnx.



Sorry,I wondered where the error came from.My spouse is not a green card holder but a complete US citizen.Could u read again my questions pls? "Hello friends,pls am new to visaJ and wld appreciate your candid help to my questions.

I came to US last sept 2012 on a B1/B2 vistor's visa and wedded on Feb 5th 2013 to a US citizen who happens to have come from same country in Africa wt me.

We knew ourselves back in 2011 when I visited US first and since then the love grew stronger.Not only being a US citizen,she is also divorced and has 2 kids.

I also got divorced from my ex wife in July 2012.Its 3 mths now since after our wedding here in US court but we have not filed yet.We plan

filing in june 2013 as my wife(a nurse) is taking her time to gather all the necessary documents.

Pls do we really need a lawyer here for filing? we have had no issues except that my visitor's visa got expired 2 mths ago.

If para adventure there is any hick up along the way,can we still hire the services of a lawyer? and what documents do we need to file along with our forms for the initial posting b4 the actual interview.

Meanwhile we have our lease ready,Wee energy ready,Marriage cert ready,Can we file with these three?

Waiting to hear from u my concerned friends. Tnx.

ddkorestin Enthusiast

ddkorestin   10

Posted
Filed: AOS (pnd) Country: Nigeria
 Timeline
Posted (edited)

about the issue of lawyer, since u came in legally and ur case seems straight forward and u have previously visited usa, i think u can do it. it can be a bit stressful at times but if u have all your documents requested, then i see no problem. but its up you and if u have extra cash with u . i heard its between 2k to 4k depending on how complex ur case is and ur location. i have a lot of people from ur country and most of them did represented themselves. u said ur visa expired in 2 months time but am sure u were granted 6months upon entry on ur i94 and if u entered in sept 2012 then according to my calculation u have exceeded the 6months. well my cousin exceeded my his 6months by another 3months and he still got his green card. that shouldnt be a problem. am half nigerian and half ghanian

Edited by ddkorestin
Loveday Newbie

Loveday   0

Posted
Filed: Other Country: Nigeria
 Timeline
  • Author
Posted

Tnx Korestin & Igwe.My wife became a US via marriage over 10 yrs ago until her divorce.I believe I have a straight case but my question is; If para adventure there is any hick up along the way on or after interview,can we still hire the services of a lawyer? and what documents do we need to file along with our forms for the initial filing b4 the actual interview.

Meanwhile we have our lease ready,Wee energy ready,Marriage cert ready,Can we file with these three?

Tnx

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

OK - so, wife is USCitizen, you came in on B2 and are married to her, you are in the USA.

This is your new bible for the next 30 days:

http://www.visajourney.com/content/i130guide2

Read, read, and read.

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 !

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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