I-130 Approved

[lostunderwaves 0]

I just got an email saying

"Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

This case has been approved. On June 20, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours."

Since my husband and I already live in the US (he came in December on a visa waiver, we got married in late February), we were hoping to do an adjustment of status. What is in store for us next? We haven't gotten the actual NOA2 in the mail yet, so I don't know what other forms/documents that contains.

Do you still have to do an interview if you're doing an adjustment of status? And as far as the affadavit of support, will they send the forms when they want/need them, or should we go ahead and have them sent now?

Thanks.

[Euro 3]

I just got an email saying

"Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

This case has been approved. On June 20, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours."

Since my husband and I already live in the US (he came in December on a visa waiver, we got married in late February), we were hoping to do an adjustment of status. What is in store for us next? We haven't gotten the actual NOA2 in the mail yet, so I don't know what other forms/documents that contains.

Do you still have to do an interview if you're doing an adjustment of status? And as far as the affadavit of support, will they send the forms when they want/need them, or should we go ahead and have them sent now?

Thanks.

Congratulations .......your service center was California right??

your husband came from England on the VWP??? you got married, and sent the I-130 to the service center???.................did you file any more papers??

http://www.visajourney.com/forums/index.ph...page=i130guide2

^^^ read this, is this what you did?

or did you just get married & file the I-130<<<if this is the case, then the UKC has overstayed his VWP

Edited June 21, 2006 by euro

[hampster 0]

Congratulations

I just got an email saying

"Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

This case has been approved. On June 20, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours."

Since my husband and I already live in the US (he came in December on a visa waiver, we got married in late February), we were hoping to do an adjustment of status. What is in store for us next? We haven't gotten the actual NOA2 in the mail yet, so I don't know what other forms/documents that contains.

Do you still have to do an interview if you're doing an adjustment of status? And as far as the affadavit of support, will they send the forms when they want/need them, or should we go ahead and have them sent now?

Thanks.

[lquin 0]

Congratulations !!!

[BrownHorse 2]

CC OO NN GG RR AA TT UU LL AA TT II OO NN SS !! !! !! !!

[Cygnet 0]

Lostunderwaves, congratulations on the approval of your petition.

I have the same questions as euro:

your husband came from England on the VWP??? you got married, and sent the I-130 to the service center???.................did you file any more papers??

http://www.visajourney.com/forums/index.ph...page=i130guide2

^^^ read this, is this what you did?

or did you just get married & file the I-130<<<if this is the case, then the UKC has overstayed his VWP

[lostunderwaves 0]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

[Euro 3]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

The best i can advice is, as you didnt file the I-130 with the I-485(I thik thats the form) somone will be along to correct me if not!!, but anyway he has now got an overstay, my advice would be for him to return to the UK A.S.A.P, and wait out the rest of the process, i'm not sure if he will need to file a waiver at the interview in London, but it will probably be approved if he does!!, but the important thing is, he must'nt overstay any longer, sorry this is not the news you wanted to hear

I would like to be wrong on this one !!

so c'mon people whats your advice???

[diadromous mermaid 36]

Once the petitioner and beneficiary submit the I-485 to adjust the alien's status (the I-485 could've been filed concurrent with the I=130) then the overstay will be forgiven upon a successful approval of the petition. If the application to adjust is denied, for some reason, VWP precludes appeal.

Edited June 22, 2006 by diadromous mermaid

[Yodrak 7]

lostunderwaves,

So, your husband did not apply for adjustment of status (form I-485) when you submitted your petition and to date still has not done so? If the answer is yes, he is out of status and has been since his VWP entry expired.

Have a consultation with an immigration attorney - preferably one who has had experience with cases of adjustment from B-visa and VWP entries - to find out what your options are so that you can decide what you want to do next.

Yodrak

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

Edited June 22, 2006 by Yodrak

[lostunderwaves 0]

I just spoke to a customer service representative for USCIS, and she said that we have no choice but to go to England (since his visa is being sent there anyway) because he overstayed. And that if we filed the I-485 here, it would be denied because he overstayed.

What should we expect when we get to England as far as paperwork? Do we file the I-485 there?

[meauxna 15]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

What *was* your intention when filing the I-130?

"we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

[lostunderwaves 0]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

What *was* your intention when filing the I-130?

"we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

[meauxna 15]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

What *was* your intention when filing the I-130?

"we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

Right. Well, that would be correct *if he had gone home to go to his interview (stamp his passport)*.

I'm sorry, there's just too much misunderstanding here and not enough time/comfort level to explain it all at this point.

My only pointer other than get some legal help is stop reading about CR/IR VISAS and start reading about Adjustment of Status.

[Yodrak 7]

lostunderwaves,

You need accurate legal advice based on the specifics of your situation, not mis-information from a USCIS contract employee.

Yodrak

I just spoke to a customer service representative for USCIS, and she said that we have no choice but to go to England (since his visa is being sent there anyway) because he overstayed. And that if we filed the I-485 here, it would be denied because he overstayed.

What should we expect when we get to England as far as paperwork? Do we file the I-485 there?