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castormarina

Need some guidance on our situation - GC holder married to Visitor visa "overstayer"

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

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castormarina Rookie

castormarina   0

Posted
Filed: F-2A Visa Country: Cameroon
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Hello all!

 

I will skip to main points, as we seek some guidance about our situation.

 

Husband: permanent resident and eligible for N400 filing

Wife: Overstayed tourist visa (past both the 6 months and 1 year limits)

 

Complete the N400 process first? File at the same time (I-130 and N-400)  and upgrade petition when N400 is complete (concerned about overstay in this case)?

 

More details on request. Thank you!

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bloy Newbie

bloy   0

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I would suggest filing N400 first to become a US Citizen and then petition for the wife as Immediate Relative of a US Citizen as soon as you receive the Naturalized Certificate. Quicker processing and overstay will be forgiven for USC Spouse.

 

If an overstayed spouse of a LPR, she might be ordered to go home and wait to be processed there. Risking being barred.

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sparkles_ Proficient

sparkles_   456

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Filed: AOS (apr) Country: Morocco
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File the N400, naturalize and then file the i-130 ASAP.....overstay is only expressly forgiven as the spouse of a citizen

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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