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Filed: Citizen (apr) Country: Togo
Timeline
Posted

So you came on a visitors visa and didn't leave when the I-94 expired, becoming one of the many who overstay. Much later (over 365 days) you met your wife, got married and are now working to get legal status. Makes more sense now. As long as you had no previous unauthorized entries, its not too hard to adjust from there. I believe you need a waiver for the overstay. I'm not up on the exact process you'll need to go through.

Pertinent information is entry visa type (you legally entered the country), length of overstay (only relative to the ban period you'd face if you can't adjust status), and the marriage to a USC. Doesn't really matter what went on during entry, as long as they was no lying to the officials there.

Filed: Citizen (apr) Country: Togo
Timeline
Posted

Yes, I overstay my I-94. I have already filed and have gotten NOA via text and email that I-485, i -130 and I-765 have been accepted and forwarded to NBC for processing. I was just wondering if the comment by the CBO will have problem on my interview

Posted

Yes, I overstay my I-94. I have already filed and have gotten NOA via text and email that I-485, i -130 and I-765 have been accepted and forwarded to NBC for processing. I was just wondering if the comment by the CBO will have problem on my interview

Nope, it shouldn't. As someone mentioned, USCIS doesn't care about a border agent wrote in there about changing your status, you're adjusting status based on new conditions now. Adjusting Status, and Changing Status are two very different things to USCIS.

I see no waiver required either. You were legally let in and married a citizen.

http://www.nolo.com/legal-encyclopedia/i-overstayed-visa-am-marrying-us-citizen-i-need-i-601-waiver.html

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Posted

As regarding getting married, I didn't just get married upon Arrival. It took me A year before i might my wife and we got married. I didn't even know her before coming to the USA. As I said earlier, I had no intention of staying but things changed upon arriving here.

If you didn't know your wife prior to your trip, and, you are in a bona fide marriage, I don't see an issue with your adjusting status successfully. Best of luck.

100% Naturalized U.S.D.A. Prime American

proud_filipino_american_trucker_hat.jpg?

Posted

This is not to mock or to make anybody feel bad here.......but you came to america with a week visa and after like a year you still said you have no intention to overstay....well thats understandable to someone thats doesnt know the vibes, but trust me WE know your intention!!!....but i guess we are all here to throw advice, but as for me you just have to provide to show proofs i mean proof(es) cuz those people are not that stupid, the basic point is you have recieved your notification and very soon you should be able to recieve your EAD, so from there, you can probably get a lawyer or something.....thats just my take on this!! i mean it could go in your favor and it could go other way, so All this case are really delicate, am saying this cuz i know people close to me that all they do is renew their work permit year after year cuz the uscis refuse to change their status, cuz they keep failing on the interview....so plz if u know wht is best for you! take it serious

 
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