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Messan

Overstay for my wedding or leave and come back?

By Messan in Adjustment of Status from Work, Student, & Tourist Visas

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Usagi_tsukino Collaborator

Usagi_tsukino   89

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
7 minutes ago, Cocomessan said:

One more question please, 

I'm sure the most stupid question ever posted on this thread but I want to ask nevertheless. 

 

Could I call USCIS, tell them our plan and let them advice us? Like informing us the "absolutely not to do s" ? 

Call and say for example: Im still a documented imigrant, however me and my fiance recently decided that we want to STAY together absolutely. We are getting married and want to file. What are the steps to take or what are the better alternatives? 

 

I know it sounds stupid but was it ever done? 

Initially we the decision was taken, we wanted to go to their office but didn't find any close to us. Then we wanted to try immigration attorneys. But then thank God I found this site. Any advice would be grateful.

Ohhh, those people on the phone know less than us, lol. Last time i went to info pass they told me that my case is taking this long because there is no visa available to me (does not apply, and they were telling me that it applies to everyone). I believe those who answer phones are pretty much the same. May be a "good" one will pick up, but how do you know?
But nothing prevents you from calling : )

Edited by banana_princess

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

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N-o-l-a
N-o-l-a

For the love of everything holy in the universe, do not take advice from the misinformation line.  I can think of two concrete examples in my own case in which they told me completely incorrect inform

NikLR
NikLR

Forget about intent.  They cant deny your AOS for intent alone and intent really went out the window when you were admitted to the USA by the CBP.  You could say at an interview that you intended to m

Transborderwife
Transborderwife

Honestly, in this case it may look like a huge red flag divorcing one USC and marrying another so quickly.  By all means, stay marry adjust.  However you May have trouble 

Lemonslice Experienced

Lemonslice   4,852

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 hour ago, Cocomessan said:

 

As much as I love my man, my son means the world to me. I want to be able to have both in my life. 

It is nice to hear that your son is important to you.  In your situation, I would return home.  You are free to travel to the USA to see your fiancé/husband during the process, and you are right there for your son.  I just can't imagine leaving a toddler for months at a time.  

 

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N-o-l-a Grand Master

N-o-l-a   7,167

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
  • Popular Post
Posted
57 minutes ago, Cocomessan said:

One more question please, 

I'm sure the most stupid question ever posted on this thread but I want to ask nevertheless. 

 

Could I call USCIS, tell them our plan and let them advice us? Like informing us the "absolutely not to do s" ? 

Call and say for example: Im still a documented imigrant, however me and my fiance recently decided that we want to STAY together absolutely. We are getting married and want to file. What are the steps to take or what are the better alternatives? 

 

I know it sounds stupid but was it ever done? 

Initially we the decision was taken, we wanted to go to their office but didn't find any close to us. Then we wanted to try immigration attorneys. But then thank God I found this site. Any advice would be grateful.

 

For the love of everything holy in the universe, do not take advice from the misinformation line.  I can think of two concrete examples in my own case in which they told me completely incorrect information that was obviously just made up in their imaginations.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

can you be apart from your son for a year?? Incase that is how long it will take.. it may even be 2 years?

 

if you are thinking that this is going to be a few month process then absolutely go home!!! 

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