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Texein

Green Card and Overstay

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

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Texein Newbie

Texein   0

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

Hi,

I'm trying to apply for a green card but I have a few questions, I tried to hire a lawyer but he asked for 4500$...

So, I'm French, I met my husband in 2011 in Texas, I was an au pair (J-1 Visa.)

My Visa expired so we decided to move to France in July 2012. We were missing living in the USA so we moved back to the US, in October 2012.

I came here on a 3 Month tourist visa, and I was pregnant.

We got married on February 2013 and I'm still living in the US with my son (born in March) and husband.

Is it going to be a problem that I got married after my tourist visa expired? Is it a problem that I was pregnant when I came here?

The lawyer just told me that it would be something to work on if I hired him.

What did he mean? How do I work on that?

We're trying to fill out everything without the help of a lawyer but I'm scared. I don't want to commit any mistakes and be denied.

I would really appreciate some answers.

Also, I'm willing to pay some money to get help in real life, I didn't find any affordable organization or lawyer.

Any ideas?

Thanks!

Ryan H Grand Master

Ryan H   3,834

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

Moved from Adjustment of Status from Family Based Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

**Organizer hat off**

so we moved back to the US, in October 2012.

You don't just "move" to the US without an immigrant visa which by your own admission, you did not have at that time. When you went through inspection by CBP, did you misrepresent any material fact?

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Texein Newbie

Texein   0

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

Moved from Adjustment of Status from Family Based Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

**Organizer hat off**

You don't just "move" to the US without an immigrant visa which by your own admission, you did not have at that time. When you went through inspection by CBP, did you misrepresent any material fact?

I'm not sure I understand what you mean by "misrepresent any material fact". We didn't lie about anything when we went through the inspection. We only had one suitcase each.

At first, we were planning on visiting my husband's family but after two weeks, we decided to stay. We didn't realize it wasn't as easy as getting married and then applying to a green card. So now, I'm wondering if I still have a chance to get it knowing that I came here on a tourist visa?!

VanessaTony Grand Master

VanessaTony   3,567

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

You entered the US with intent to live here. You have committed immigration fraud by doing so.

Aside from that, no the overstay isn't a problem. Intent isn't questioned for AOS so you should have no problems adjusting your status.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Ryan H Grand Master

Ryan H   3,834

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

I'm not sure I understand what you mean by "misrepresent any material fact". We didn't lie about anything when we went through the inspection. We only had one suitcase each.

At first, we were planning on visiting my husband's family but after two weeks, we decided to stay. We didn't realize it wasn't as easy as getting married and then applying to a green card. So now, I'm wondering if I still have a chance to get it knowing that I came here on a tourist visa?!

Another way of stating "misrepresent any material fact" is did you lie. Since you did not lie about anything, there is no issue.

As the spouse of a USC, you are allowed to adjust status and the overstay you have accrued will be forgiven. The AOS process begins by filing forms I-130 and I-485 at the same time.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

olsan3 Enthusiast

olsan3   8

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

It happens.

There wont be any problems.

Just be able to prove everything. And follow the AOS directions on this forum very carefully and precisely.

I did, and im fine.

Goodluck

AOS FROM F1

Met -January 8th, 2011

Married - February 1st, 2013

5/29/2013 - Mailed AOS Package to Chicago Lockbox

6/03/2013 - Package Received.

6/06/2013 - Check Cashed.

6/07/2013 - Receipt Date on NOAs - Transferred to National Benefits Center.

6/11/2013 - Received Hard copy NOAs.

6/14/2013 - Biometrics Appointment Notice.

7/08/2013 - Biometrics Done and Successful in Baltimore.

7/17/2013 - I-485 status updated to "Testing and Interview".

8/07/2013 - Interview Notice Received.(online/text).

8/08/2013 - Interview Notice Received.(Mail).

8/09/2013 - EAD Approved.

8/17/2013 - EAD Received.

8/22/2013 - SSC Received.

9/12/2013 - AOS Interview - Further Review needed.

10/03/2013 - AOS APPROVED!!!
10/15/2013 - GC Received.

.....till 2015.

30/09/2015 - Mailed ROC Package to Vermont Lockbox

09/11/2015 - Biometrics Taken in Baltimore

19/08/2016 - RFE received

12/10/2016 - RFE response package sent.

04/11/2016 - ROC APPROVED!!!

25/11/2016 - GC Received.

  • 2 weeks later...
Texein Newbie

Texein   0

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

Hi,

I'm "reopening my case". I'm planning on sending my forms today.

I-130, I-1485 and I-385. I'm freaking out. I'd like to ask some more questions.

1) I typed most of the answers on the computer but I have 3 middles names that don't fit in the box.

I hand wrote them. Is it ok to mix computer and hand writing? I found different answers online. People suggest to add a sheet of paper instead but I find it more confusing and I don't know how to do it right.

2) We're not sure about my VIsa number, I came in with a tourist visa and filled out ESTA online before leaving. That's the ESTA number that we wrote.
Is it correct?

3) I read that filling fees keep changing. If I send everything today. 1040$ for I-130 + 470$ for I-485? Right?

4) Finally, I just can't wait to get approved obvisoly. When I met with the lawyer he told me that I could received my green card in 2-3 months with him! That sounds awesome. Is it realistic? When should I except to be approved for I-130 and I-145? I'm not talking about having the green card in the mail. Just being approved for the forms. Can you give me a timeline?

Thanks in advance.

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

1. Yes you can mix handwriting and typing.

2. You don't have a visa. You came on the Visa Waiver Program, which is not a visa. It is important you understand this. Therefore you have no visa number. You should put N/A, not your ESTA.

3. No. You can find the fees on the form instructions. It is $1070 for I-485 and $420 for I-130. I-765 and I-131 are free.

4. Expect it to take 4-6 months. It is pretty fast.

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

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

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

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