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Filed: Timeline
Posted

Hi,

I have married overseas to my green card holder spouse. I have a B1 visa from a long time never use it as my time wasn't allowing me. After we got married overseas I came to US with my spouse planning to stay for a couple months then go back home. But, after we stayed for month he got a good job offer and he accepted and I got pregnant. in the same time he start to apply for his citizenship and surprisingly he got it very fast. Now, he can apply for me to AOS to get my green card. what I want to ask:

1- Do I need to go back home and my spouse apply for my green card through applying for K1 or K3 visa , or I can apply for it while I am here in US?

2- For our marriage certificate, do we need to translate it or we need to re- marry here in US to obtain US marriage certificate?

Thank you.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

You need to translate your current marriage certificate and submit that with AOS paperwork. You will not have to leave the States. Read the guides about adjustment of status.

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from B2 ~

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

Filed: Citizen (apr) Country: Poland
Timeline
Posted

He already is a citizen so therefore my answer is correct.

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The guide line Jay Kay posted. say I need to go back home and apply for I-130 ?

No. You do not have to leave the US. Just follow that guide and file the I-130 and I-485 at the same time.

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

Filed: Citizen (apr) Country: Italy
Timeline
Posted

You entered with no intent to marry, circumstances have changed, thus, you have decided to file for adjustment of Status... As Jay Kay said, file the 130 and 485

You entered with no intent to marry, circumstances have changed, thus, you have decided to file for adjustment of Status... As Jay Kay said, file the 130 and 485

Sorry meant to say no n tent to immigrate (meaning you had the full intention to return home while the citizenship was n process)

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Posted

Not only do you not have to go home, you should NOT leave the US until you have either your AP or the green card itself, or they will consider your AOS application to be abandoned. Good luck!

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: AOS (apr) Country: Philippines
Timeline
Posted

What everyone is saying is correct, just be prepared to deal with the issue of intent at the interview. Another thing, when you got the visa, did you tell the interview officer that you were married to a US green card holder?

We drilled for close to a hour about intent during our interview........and we were outside the 30/60 rule

I-485 Timeline

08/14/2013 (Day 0) Sent to Chicago Lockbox

08/15/2013 (Day 1) Received at Chicago Lockbox

08/20/2013 (Day 6) Received Texts/Emails

08/24/2013 (Day 10) Received all four NOA1's in the mail

08/29/2013 (Day 15) Received Biometrics Appointment for 9/160

9/03/2013 (Day 20) Successful Biometrics Walkin

09/07/2013 (Day 24) Text/Email notification of RFE

09/14/2013 (Day 31) Received RFE in mail for Medical and lost income tax return

09/18/2013 (Day 35) RFE response sent by Priority Mail

09/23/2013 (Day 40) RFE Review Status

10/08/2013 (Day 55) Testing and Interview Status Text Message Rcvd

10/18/2013 (Day 65) EAD/AP sent to production txt message rcvd

10/22/2013 (Day 69) Rcvd Text/Email for November 25th Interview

10/23/2013 (Day 70) Rcvd EAD/AP sent to production txt/email

10/25/2013 (Day 72) Rcvd Hard Copy of Interview Notice

10/28/2013 (Day 75) EAD mailed

10/30/2013 (Day 77) EAD/AP Combo Card Rcvd(wrong address)

11/25/2013 (Day 103) Interview -- Further Review

11/25/2013 (Day 103) Email/Text Card in Production

11/26/2013 (Day 104) Email notice of approval sent for i485 and i130

11/29/2013 (Day 107) Email Card mail with tracking number

12/02/2013 (Day 110) GC & Welcome to USA letter rcvd

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

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