Advice regarding AOS from B2 to Green card.

[roveaz 0]

Just looking for some advice regarding my AOS, I have a Tourist Visa, and in the past I had a student visa, I been a TTP for 5 years also, two years ago I got married to my wife and we have a kid, I was working in my country and everything legal, but in one of our visits we decide to stay and start the processing of the AOS that way I can become a green card holder. 

 

I sent my paperwork to chicago Lockbox with I130, I485, I864, I765 and I131 on October 29.

They received my package on the 31 October

Got NOA1 on October 22nd 

Got NOA off biometrics on December 6 and needed to go on the 18 of this month

 

So this is my dilema, my I94 expires on the 23rd of this month, do I need to get an extension or another I94? I am good overstaying since I am in the middle of the process? Also the NOA 2 says if I don’t show up that means I am abandoning my case.

 

 What are your thoughts?

[Ayrton 965]

13 minutes ago, roveaz said:

Just looking for some advice regarding my AOS, I have a Tourist Visa, and in the past I had a student visa, I been a TTP for 5 years also, two years ago I got married to my wife and we have a kid, I was working in my country and everything legal, but in one of our visits we decide to stay and start the processing of the AOS that way I can become a green card holder. 

 

I sent my paperwork to chicago Lockbox with I130, I485, I864, I765 and I131 on October 29.

They received my package on the 31 October

Got NOA1 on October 22nd 

Got NOA off biometrics on December 6 and needed to go on the 18 of this month

 

So this is my dilema, my I94 expires on the 23rd of this month, do I need to get an extension or another I94? I am good overstaying since I am in the middle of the process? Also the NOA 2 says if I don’t show up that means I am abandoning my case.

 

 What are your thoughts?

When you apply for AOS, you are now on an authorized stay until the AOS interview. So technically there's no overstay (you're changing your status from tourist to LPR, while AOS is pending you have authorized stay). So you can't extend your visitor status, because you have no intentions of remain as a visitor.

 

Just FYI, you posted on the forum exclusive for K1 and K3 AOS. There's another forum for people adjusting status from other kind of visas. The moderator will probably move your topic to the right part of the forum.

 

 

[roveaz 0]

Gotcha, Thanks for the advice on that, I am just asking because I been reading many cases on different but related forums that people are overstaying and some of them are in process of deportation, others that they will get a ban for 3 years and other so 10 years, that's the main reason I needed to ask. besides everything else I was inspected at a port of entry because I came to to visit family and then we just decide to stay. 

[NikLR 13,227]

~~moved to AOS from work student and tourist visas from AOS family based~~

 

I assume you're married to a USC? 

 

You do not need an extension. As mentioned, your NOA1 from your I-485 allows you to have authorized stay. Do not leave the country without AP (advanced parole) or your AOS will be deemed abandoned. 

Edited December 12, 2019 by NikLR

[roveaz 0]

Yes Indeed I am married to a USC, and thank you for the info!

[Ramsep 21]

Congratulations, roveaz. Your best bet to find the status of your case is to go to the USCIS webpage and enter your "Receipt Number", It will tell you exactly where in the process you are.

 

https://egov.uscis.gov/casestatus/landing.do

[Paul&Anna 26]

I thought that if your married you have to do a CR1? Not just an AOS? 

[Boiler 45,489]

9 minutes ago, Paul&Anna said:

I thought that if your married you have to do a CR1? Not just an AOS? 

How can you AOS without being married?

[Paul&Anna 26]

15 hours ago, Boiler said:

How can you AOS without being married?

Sorry I did not state the correct sentence. I am still learning everything. What i meant to say is I thought if you were previously married prior to entering the US that the only route to take is a CR1. But I could definitely be wrong. 

[Boiler 45,489]

You are wrong, many adjust. VJ has a forum just for that process.