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Moonspell360

Overstayed as a tourist but married to American citizen, what kind of forms are needed?

By Moonspell360 in Adjustment of Status from Work, Student, & Tourist Visas

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Moonspell360 Contributor

Moonspell360   1

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Filed: Other Country: Colombia
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A friend of mine has been living here in US as a tourist, her tourist visa expired a fe months ago, now she is married to an American citizen. What kind of paperwork does she have to fill out to apply for legal status? 

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Crazy Cat Grand Master

Crazy Cat   41,899

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Filed: Citizen (apr) Country: Taiwan
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http://www.visajourney.com/content/i130guide2

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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PollyC Collaborator

PollyC   119

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Filed: Citizen (pnd) Country: Hong Kong
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37 minutes ago, Moonspell360 said:

A friend of mine has been living here in US as a tourist, her tourist visa expired a fe months ago, now she is married to an American citizen. What kind of paperwork does she have to fill out to apply for legal status? 

 

Is your friend intention to come to US to get married? 

 

 

Here is the forms your friend need to file:

 

MUST FILE

"I-130 (Petition for Alien Relative)"    $535
"I-130A (Supplemental Information for Spouse Beneficiary)"    
"I-485 (Application to Register Permanent Residence or Adjust Status)"    $1,225
"I-864 (Affidavit of Support Under Section 213A of the INA)"    $0

OPTIONAL, BUT NOT HURT IF YOU FILE TOGETHER COS THEY WILL BE FREE IF YOU FILE TOGETHER WITH I-485

"I-765 (Application for Employment Authorization)"    $0

"I-131(Application for Travel Document)"    $0  

 

YOU CAN FILE TOGETHER OR WAIT FOR UNTIL YOU RECEIVE THE COURTESY LETTER COS THE MEDICAL REPORT JUST VALID FOR 1 YEAR ONLY

I-693 (Report of Medical Examination and Vaccination Record)    $0

  • Feb 17 2018 - Arrived USA with B2-Tourist Visa
  • Apr 01 2018 - US Citizen Boyfriend proposed
  • Apr 18 2018 - Got Married in Montana, USA
  • May 15 2018 - Mailed out USCIS applications (I-130, I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox
  • (Day 1) May 16 2018 - Mail arrived Chicago Lockbox (confirmed by USPS) 
  • (Day 19) Jun 04 2018 - Received email & SMS notification - case received (All money orders being cashed on this day)
  • (Day 24) Jun 09 2018 - Received all receipts (NOA) from USCIS, also the Biometrics Appointment letter (Appointment date: Jun 18) 
  • (Day 33) Jun 18 2018 - Arrived Helena ASC at 9.15am (Appointment at 10am), finished at 9.35am (Yea it was super quick!)
  • (Day 35) Jun 20 2018 - Received SMS & Email notification request for evidence for my I-485
  • (Day 40) Jun 25 2018 - Courtesy letter for I-693 (Report of Medical Examination and Vaccination Record) received
  • (Day 61) Jul 16 2018 - Case status of I-485 changed to "Case is Ready to Be Scheduled for An Interview"
  • (Day 64) Jul 19 2018 -  Case status of I-485 changed to "Interview Was Scheduled"
  • (Day 71) Jul 26 2018 - Interview notice received (Interview scheduled on Aug 23 - 9.50AM)
  • (Day 99) Aug 23 2018 - Interview approved on the spot! Yay! 🎉  I-485 status changed to “New Card Is Being Produced”,
  • (Day 100) Aug 24 2018 - I-131 & I-765 status changed to “Case Closed Benefit Received By Other Means”
  • (Day 107) Aug 31 2018 - I-485 status changed to “Card Was Mailed To Me”
  • (Day 111) Sep 04 2018 - I-485 status changed "Card Was Picked Up By The United States Postal Service"
  • (Day 113) Sep 06 2018 - Conditional Green Card Received!
  • May 23 2020 - Mailed out I-751
  • May 29 2020 - Received email & SMS notification - case received
  • June 1 2020 - Money order being cashed
  • July 15 2020 - status changed to “Case Was Updated To Show Fingerprints Were Taken” 
  • Feb 16 2021 - Status changed to “New Card is being Produce”
  • Feb 19 2021 - Status changed to "Card Was Mailed To Me"
  • Feb 24 2021 - New card received in the mail!
  • Feb 24 2023 - Filed N-400 online
  • Mar 11 2023 - Received Biometrics Appointment letter in mail (Appointment date: Mar 20)
  • Mar 20 2023 - Case status changed to "Case Is Being Actively Reviewed By USCIS"
  • Apr 04 2023 - Received online update "Interview Was Scheduled" (May 23)
  • May 23 2023 - Interview Passed on the spot
  • Oct 26 2023 - Status changed to "Oath Ceremony Notice Was Mailed" (on Nov 9th)

http://pa1.narvii.com/5800/c9829514dbe031b3b25782c40cae78c189bfc3ab_00.gif

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jdaveh Enthusiast

jdaveh   58

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Filed: AOS (apr) Country: Ukraine
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You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

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aznhouston Community Regular

aznhouston   132

Posted
Filed: AOS (pnd) Country: Vietnam
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I think it's not the matter of filing forms. Think of how you would convince them this is a bona fide marriage. Noone can fall in love and get married after a very short period of time.

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Moonspell360 Contributor

Moonspell360   1

Posted
Filed: Other Country: Colombia
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She has been dating this guy for about 2 years, so she might prove the marriage is legit. I think the problem is that she got married right after her visa expired

 

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