I-130, spouse in US, what next?

[jannapa 12]

Hello All,

Please feel free to move this post wherever it belongs; I could't find any better place it would fit, so here I am, starting my own thread.

We have been married for 14 years - my husband is American, I am from Eastern Europe. We have two kids (10 and 12), both hold dual citizenship. When we got married, we did not consider US as a destination, so we never started any procedures back then. We lived in Europe for 13 years, as ex-pats, with regular jobs, paying taxes etc, neither of us in their own homeland. Some time last year my husband got a job offer in US which he accepted in April. Some time in May he filed I-130 for me (filed from abroad, sent to National Benefits Center). Back then the average decision times were around just over 6 months, so we happily moved our family life to US in the summer. I arrived in late July, didn't try to hide my intentions from the custom officer, was admitted as B-2 (my multiple entry visa that I have had since 2005 and which expires in June 2015) for 6 months with a word of advice to extend my stay should I need to. Exactly 6 months after filing I received a notification that my case was transferred to another office due to delays. The letter says they need 60 days before they have any news for me, but when called on the phone,I learn I should not contact them before 180 days have passed. Getting a little bit nervous about my stay here (I have two kids who need care, and a husband, whose work hours do not allow him to properly take care of the kids), I tried to call uscis three times to figure out what to do next. Unfortunately, to no avail, as if no one wanted to help anyone ever to move to US.

I also tried to extend my stay, but upon filling out the papers I learned that the uscis allows themselves 2.5 months to consider my application (which, at that point, was simply much too late).

So I am stuck right now, trying to figure out what to do next. Some officers from the US embassy we asked for some assistance (while we were still there) made us believe that filing I-130 is a sufficient step for a family in our situation. It is clear by now that it is not, as my B-2 visa is going to expire soon, and I do not want to become an illegal person in US. Please advise me what to do. I am considering filing I-485 from here, but I do not know (and can't really find any info) if that will allow me to stay after my official stay expires. As the situation is getting rather urgent, I will appreciate your prompt answers. I really don't want to act agains the law, but at the same time I can not afford to leave my family here and leave the country. Not to mention the fact that I do not have anywhere else to go, but my closest realtives who are here in US.

Thanks in advance.

Edited January 3, 2014 by jannapa

[OKflyboy 35]

I think you're fine. After the transfer most I-130s get approved in a matter of a couple of weeks. I would get that approval and file I-485. As a spouse of many years of a USC I do not think they would give you any hard time for a short overstay. And it is not against the law. The law states that once in the US, an immediate relative can file for AoS. It does not specify the way the relative got to the US, and overstay is usually forgiven to IRs, especially if not initially intended. I understand you did not hide your intentions upon entry.

Keep a record of all the forms you file to show that you did everything possible on your side.

I have a friend whose mother came on a B visa and overstayed two years before they could file for AoS, and USCIS never asked a question.

[jannapa 12]

I think you're fine. After the transfer most I-130s get approved in a matter of a couple of weeks. I would get that approval and file I-485. As a spouse of many years of a USC I do not think they would give you any hard time for a short overstay. And it is not against the law. The law states that once in the US, an immediate relative can file for AoS. It does not specify the way the relative got to the US, and overstay is usually forgiven to IRs, especially if not initially intended. I understand you did not hide your intentions upon entry.

Keep a record of all the forms you file to show that you did everything possible on your side.

I have a friend whose mother came on a B visa and overstayed two years before they could file for AoS, and USCIS never asked a question.

Thanks, OKflyboy!

I guess I'll get on my I-485 tomorrow.

Especially that we filed I-130 from abroad, so technically I should be there waiting for a decision.

Phew, this is all NOT easy.

Thanks again.

[A&M21 21]

file I-485, if I am right, you can file that form with an I-130 either pending or approved.

[jannapa 12]

Thanks again. What a wonderful source of info you guys are!

I am ready with I-485, all docs except medical, but I'll get it on Monday or Wednesday.

Further research made made me believe that submitting I-485 along with I-765 (employment authorization) and I-131(travel document or advanced parole) is a practical idea, but I have not found any information if such a step might have any effect on the length of the procedure. Has anyone done that? Please advise. Thanks!

[kzielu 1,149]

No effect on length. File it, doesn't hurt to do that.