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Timeline
Posted (edited)

My i-130 was approved last year October, I have overstayed my b1b2 visa. After a failed attempt to extend my b1b2, am confused as to what to do next. Though my approved i-130 file is with NVC , I would like to complete all procedure within USA without traveling out - married to a LPA and currently nusing my infant child. Please what should I do?

Edited by Get
Married to LPR
Crazy Cat Grand Master

Crazy Cat   42,381

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Are you married to a US citizen or a LPR?  Have you filed for adjustment of status (I-485)?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

Roel Experienced

Roel   7,193

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted
8 minutes ago, Get said:

My i-130 was approved last year October, I have overstayed my b1b2 visa. After a failed attempt to extend my b1b2, am confused as to what to do next. Though my approved i-130 file is with NVC , I would like to complete all procedure within USA without traveling out. Please what should I do?

If your petitioner is a green card holder then you have to leave US.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

If your spouse is a green card holder you cannot stay in the USA if you are out of status and you cannot adjust status when your PD becomes current as you currently have no status to adjust from. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Crazy Cat Grand Master

Crazy Cat   42,381

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

You are in danger of deportation even if you are married to a US citizen.........until you file an I-485.   If you are married to an LPR, then see the posts above by @Roel and @JFH

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

hi

 

how long have you overstayed? can your husband apply for citizenship?

 

you can leave now if it hasn't been too long, or if it has been a long time you will need to file a wavier and your husband do the hardship letter. the interview will be in your country

Crazy Cat Grand Master

Crazy Cat   42,381

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Oh, I missed the part about "married to a LPA".........if that means a green card holder, you can not stay and adjust status......you are in unlawful status......as was asked.....when did your I-94 expire?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
1 minute ago, missileman said:

Oh, I missed the part about "married to a LPA".........if that means a green card holder, you can not stay and adjust status......you are in unlawful status......as was asked.....when did your I-94 expire?

I think she edited it after we posted. I didn’t see that part in the original either but assumed the spouse was an LPR based on the sub-forum the question was posted in. 

 

 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Crazy Cat Grand Master

Crazy Cat   42,381

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

OP is reading (and reacting to) replies, but has not answered regarding when her I-94 expired.......curious.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

SusieQQQ Grand Master

SusieQQQ   11,587

Posted
Filed: Citizen (apr) Timeline
Posted

It’s an incredibly unfortunate situation with a nursing infant but unfortunately it was a really bad choice that was made and as others have said OP has no option but to leave, the critical focus now is whether or not a ban for overstay has been incurred.

Roel Experienced

Roel   7,193

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted
5 minutes ago, missileman said:

OP is reading (and reacting to) replies, but has not answered regarding when her I-94 expired.......curious.

No one likes to admit that they screwed up. ;)

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Crazy Cat Grand Master

Crazy Cat   42,381

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, Sunnyland said:

 

Exactly. And 99% of the time they don't even come back to answer any pending question. 

Yep.  I am left feeling like I did when they cancelled Buffy the Vampire Slayer mid-season....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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