Proof for B2 visa at POE/Can I still file I-130 and I-485 if I become out of status? Please read!!

[Erica & L 52]

7 photos for immigrant, 1 for USC. It;s all in the instructions. If you didn't see it, read it again because there is probably something else you missed.

OP: I would not mention "intent" at all. You are AOSing based on your current presence in the US, your legal entry, and your marriage to a USC. That's all. No need to mention anything else.

And your code for EAD is C9.

Alright, thank you so much!

[Harpa Timsah 13,258]

I think I only have 5 for Beneficiary and 1 for USC because I'm not doing form I-131. Anyone can correct me if I'm wrong?

Yes, that is right if you are not including I-131.

[inlovesalem 17]

We got married THE DAY my stay was up, he proposed 3 weeks before that. And I only sent my package 3 months AFTER my stay was up..was friggin stressful being out of status, and I even got pulled over for a break light out, I thought for sure I would be deported or something, but the stress was over nothing.

Took us three months to get all our paperwork in order, as we had no real clue what we were suppose to do really to adjust status. Paperwork we thought would take a few days to get from Canada ended up taking me weeks upon weeks to get.

But like was said, overstay is forgiven in these situations. Also, don't let any nay sayers get you down...people were trying to scare me about intent when crossing and bull....yea maybe some people do, but most of us don't and to be put in same category right away is stressful and scary. I spent nights not sleeping worried USCIS would think my intent was to stay when I crossed because of the mumbo jumbo you hear on here.

Enjoy one another and send your AOS in as soon as you can and don't stress

<-- hypocrite here, stressing over my damn RFE right now...LOL

[Erica & L 52]

We got married THE DAY my stay was up, he proposed 3 weeks before that. And I only sent my package 3 months AFTER my stay was up..was friggin stressful being out of status, and I even got pulled over for a break light out, I thought for sure I would be deported or something, but the stress was over nothing.

Took us three months to get all our paperwork in order, as we had no real clue what we were suppose to do really to adjust status. Paperwork we thought would take a few days to get from Canada ended up taking me weeks upon weeks to get.

But like was said, overstay is forgiven in these situations. Also, don't let any nay sayers get you down...people were trying to scare me about intent when crossing and bull....yea maybe some people do, but most of us don't and to be put in same category right away is stressful and scary. I spent nights not sleeping worried USCIS would think my intent was to stay when I crossed because of the mumbo jumbo you hear on here.

Enjoy one another and send your AOS in as soon as you can and don't stress

<-- hypocrite here, stressing over my damn RFE right now...LOL

Yeah, stress is definitely a big thing for me too. Knowing I can apply even if I'm out of status makes me feel a little bit less stressed for time, but then again, I just want to send off everything and have it all paid for so my wife and I can start looking for a new rental and she can start looking for a new job etc.

One step at a time I guess, trying to stay positive!!

Thank you.

[inlovesalem 17]

Stay positive!! Really, it's stressful because we are going through it, and it's a new process to us, and people like to scare ya...My friend just had her interview yesterday (after a year's wait for concurrent filing) and she said it was painless and feels silly for getting so stressed over the whole thing.

Sending off my RFE today, hopefully get my ball rolling again

Good Luck !!

[newacct 688]

I think I only have 5 for Beneficiary and 1 for USC because I'm not doing form I-131. Anyone can correct me if I'm wrong?

Right but why not I-131? It is free, you have nothing to lose, and you never know when unexpected things will come up.

[Erica & L 52]

Right but why not I-131? It is free, you have nothing to lose, and you never know when unexpected things will come up.

Because at this moment, the only thing we have left to do for our application is get all the tax information, transcripts etc and my wife has to back file 2010 and 2011 which is going to take some time to mail in all the forms, wait for it to be processed, and have the transcripts available. I don't think we are going to make it before my I-94 expires on December 24th, which is over a month and a half way but you know how slow the IRS is. If I'm out of status, I know there is that 180 days grace period that can supposedly use the Form I-131, even if out of status. but the chance that'll need to is slim to none. I wouldn't be able to afford to leave the country even if I "needed" to, we barely have enough money to afford this haha, and and I have no major ties to anyone other than a few friends in Canada. No family or anything.

Edited October 29, 2013 by justfromerica

[Erica & L 52]

I guess I could file it, I just don't see the point in doing the extra paperwork or paying for the extra passport-type photos when I'm 98% sure I'm staying put/going to be out of status before I file. But if I do happen to file before December 24th, I probably will end up filing it anyways.

Stay positive!! Really, it's stressful because we are going through it, and it's a new process to us, and people like to scare ya...My friend just had her interview yesterday (after a year's wait for concurrent filing) and she said it was painless and feels silly for getting so stressed over the whole thing.

Sending off my RFE today, hopefully get my ball rolling again

Good Luck !!

Good luck to you too!!