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Posted

Hi,

Hoping for some advice to ease my anxiety !!

Entered 03/05/2014. Got married 04/14/14 Yay !!! Mistake on marriage cert meant that we couldnt obtain it until 03/05.

Have all in place and ready to go to Chicago Lockbox then we realise my hubbys naturalisation cert is missing, so info not available to hand :-(

1) Should I go ahead and send in along with I-693, I-864, I-765, G-325? asap and start praying I receive NOP ???

2) I should be due to leave depart 06/02/14 having been here 90 days on VWP

I m scared senseless to stay, but hearing conflicting advice ......

Please help before I have a nervous breakdown guys!!!!

Thank you so much for reading :-)))))

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
Moved from K3 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas.

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

 

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

does he have USA Passport? a photocopy of the bio page will suffice, IIRC.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Posted

Hi,

Hoping for some advice to ease my anxiety !!

Entered 03/05/2014. Got married 04/14/14 Yay !!! Mistake on marriage cert meant that we couldnt obtain it until 03/05.

Have all in place and ready to go to Chicago Lockbox then we realise my hubbys naturalisation cert is missing, so info not available to hand :-(

1) Should I go ahead and send in along with I-693, I-864, I-765, G-325? asap and start praying I receive NOP ???

2) I should be due to leave depart 06/02/14 having been here 90 days on VWP

I m scared senseless to stay, but hearing conflicting advice ......

Please help before I have a nervous breakdown guys!!!!

Thank you so much for reading :-)))))

Why would you be leaving if you're filing for AOS? That would not be a good idea. If you leave before you receive your advanced parole your petition is considered to be abandoned.

Posted (edited)

Was it your intent to enter the U,. get married and stay? If so that is immigration fraud.

Saying that.If your intent is to remain, concurrently file the I-130 and I-485 and all the ancillary paperwork/fees as stated in the instructions for both these forms ASAP.

Edited by 2ndMessiah

Thank you, goodnight and may your gods go with you",

Dave Allen.

Posted

It is going to take time to get his Naturalization number. Would they send a RFE for this or just refuse application?

No we were not intending to marry until Xmas this year. March, Hubby was involved in a serious car accident and made us reflect and not delay things ......

Most likely I will not receive NOA before June 2nd ..... have my I-693 Medical tomorrow!

I am English .... we worry and do not want to be illegal immigrant status.

Thank you for your prompt replies !!!

Posted

Well no immigration fraud intended then. That is good.

I am sure you have pulled your home apart looking for his cert. Do it again, and get those forms sent in and NOA's in hand you will then be in another period of legal stay.

Did he make a copy of the certificate? Does he have a US passport? You can use that.

Any period of illegal presence is generally forgiven when AOS for a spouse but try no to accrue any.

Congratulations on being British by the way.......

Thank you, goodnight and may your gods go with you",

Dave Allen.

Posted

Thank you 2ndMessiah :)

No copies of his certificate unfortunately which is :content: as he usually copies / scans everything in sight! 2 house moves, job re-location and divorce and it has been mislaid somewhere along the line ! We looked into getting another $375 but it may take some time.

Fingers crossed they accept the application .... we shall enclose copy of bio-metric page of his US passport.

Thanks again for taking time :thumbs:

Filed: Timeline
Posted

I know, it's none of my business but does your husband gained GC/citizenship through marriage with that previous spouse whom he divorced from? If so, make sure you guys have a ####### ton of evidences to show that this time this marriage is bona fide, since USCIS might going to give you guys a hard time due to that. Good luck!

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

and one final bit -

the instructions mention something about who is eligible to file the I-130:

[paraphrased] if the petitioner gained USCitizenship through marriage to a USCitizen, then the time between granting of citizenship to filing the I-130 must be at or greater than 5 years.

---

check that, nowish.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Posted

and one final bit -

the instructions mention something about who is eligible to file the I-130:

[paraphrased] if the petitioner gained USCitizenship through marriage to a USCitizen, then the time between granting of citizenship to filing the I-130 must be at or greater than 5 years.

---

check that, nowish.

That flags an issue for me down the line. Where did you see that in the !-130 instructions. I am looking at it now.

Thank you, goodnight and may your gods go with you",

Dave Allen.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

page 1, right column, "Who may not file", item 5 - and I was off a bit - it's 5 years from first LPR status, not first USC 'as of' date.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Posted

and one final bit -

the instructions mention something about who is eligible to file the I-130:

[paraphrased] if the petitioner gained USCitizenship through marriage to a USCitizen, then the time between granting of citizenship to filing the I-130 must be at or greater than 5 years.

---

check that, nowish.

Don't scare the poor woman. looking at page 1 of the !-130 instructions this appears to only apply to a lawful permanent resident. Its on page 1 of the instructions under who may not file. I do not see mention of a US citizen time limit in this respect.

Thank you, goodnight and may your gods go with you",

Dave Allen.

Posted

Ha I am already scared .....

Went earlier to process my I-693. They can not do this as my passport is my ID and it is in my former name and not married name. So I do not have a SSN neither a CA Driving License as I do not have at least 30 days left before I should depart. I am only thanking god that I found this forum as there is so much conflicting info out there, especially when you have not employed the services of an Attorney, which in hindsight we should have :-(

His previous marriage, yes and no !!! He was UK citizen as is his former wife, married 20 something years. She was granted US Citizenship as her Father was American. They got citizenship in 1997. We have been in a long distance relationship for the past 4 years with many visits between US - UK. We actually met in 1984 .... teenage sweethearts, but too young to marry. Got back in touch in 2009 via fb.

Thank you all, much appreciated !!

 
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