how long will I have to wait??

[Chantal&Marjo 4]

Hi to everyone!! I'm new in the forum, and this is my first topic!

Please, if someone can advise me, or is in the same situation please write to me!!

I'm italian and my husband is albanian, he won a green card lottery about four years ago.

We got merried 16 december 2011 in Usa, and I'm back after a month in Italy.( six days and we celebrate the second anniversary [on skype] ).

On february 2012 we filed form I-130, after 2 or 3 weeks we received a receipt number,with which I checked the status of our petition every day until now.

On 20 november 2013 I have seen on my case status this:

Post Decision Activity

On November 20, 2013, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

5 days later my husband received a Notive of action about our approval!! (I cried from happiness!)

In this NOA it says that, I will receive a notification within 30days, and if I don't receive nothing, I have to write an e mail to NVC (I have to wait another 10days before writing).

Naively I made two mistakes:

1. The first time I went to States with the Visa Weiver Program I wrong to calculate 90days, I count 15 September, October, November, 15 December, but damn I forgot foolishly October have 31days!!! So next time I'm back to the States I have problems, but they let me enter, saying that, the next time you needed a visa, only to voice nothing write. One year later not thinking I went to the States, but they stop me, I had to pay $ 500 for a visa there about, and after they let me enter.
2. The second mistakes we made, and I found out just now, talking to people, is our marriage, first we have to ask a visa fiancè. I had no idea existed!!

Sorry for my bad english, I tried to explain my situation, so

someone know the waiting times for Permanent Resident? (yes, I know are more long than U.S. Citizen)

could deny me the visa for these two errors?

someone is in a situation similar to mine?

Wanna say thank you to all who read or reply my message!!

Chantal

[AleGwi 11]

I regret that I cannot answer your questions confidently. However, I would like to offer some reassurance that I do not think those two mistakes will effect you.

The first mistake (the overstay) seems to have been dealt with now and should not make a difference. - if it does, this will be at your interview and as long as you explain the mistake and show any documentation supporting this (receipt for the $500 etc.) you should be ok.

Your second mistake isn't really a mistake I don't think. You don't need a fiancé visa (K1) because you say you are already married. So as long as you have filed for a Spouse visa (K3) I'd imagine everything is ok.

I'm not 100% sure! but I think you will be ok

[AleGwi 11]

someone know the waiting times for Permanent Resident? (yes, I know are more long than U.S. Citizen)

With regard to the wait times. I don't think anyone could say. Literally every case is different. Some quicker than others in some parts and some taking forever. Sorry

[dwheels76 5,468]

Hi to everyone!! I'm new in the forum, and this is my first topic!

Please, if someone can advise me, or is in the same situation please write to me!!

I'm italian and my husband is albanian, he won a green card lottery about four years ago.

We got merried 16 december 2011 in Usa, and I'm back after a month in Italy.( six days and we celebrate the second anniversary [on skype] ).

On february 2012 we filed form I-130, after 2 or 3 weeks we received a receipt number,with which I checked the status of our petition every day until now.

On 20 november 2013 I have seen on my case status this:

Post Decision Activity

On November 20, 2013, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

5 days later my husband received a Notive of action about our approval!! (I cried from happiness!)

In this NOA it says that, I will receive a notification within 30days, and if I don't receive nothing, I have to write an e mail to NVC (I have to wait another 10days before writing).

Naively I made two mistakes:

1. The first time I went to States with the Visa Weiver Program I wrong to calculate 90days, I count 15 September, October, November, 15 December, but damn I forgot foolishly October have 31days!!! So next time I'm back to the States I have problems, but they let me enter, saying that, the next time you needed a visa, only to voice nothing write. One year later not thinking I went to the States, but they stop me, I had to pay $ 500 for a visa there about, and after they let me enter.
2. The second mistakes we made, and I found out just now, talking to people, is our marriage, first we have to ask a visa fiancè. I had no idea existed!!

Sorry for my bad english, I tried to explain my situation, so

someone know the waiting times for Permanent Resident? (yes, I know are more long than U.S. Citizen)

could deny me the visa for these two errors?

someone is in a situation similar to mine?

Wanna say thank you to all who read or reply my message!!

Chantal

Well have you called NVC to see if your petition has arrived (I know its soon) but you should start calling. Go here to NVC filers thread and read Post #1 and #2 much to know and read.

He is a LPR so not sure if overstays are forgven. But they dealt with it so it shouldn't be a mark on your file. I will ask more expert folk to chime in on this not sure.

Here is the NVC filers link.

http://www.visajourney.com/forums/topic/468369-nvc-filers-december-2013/page-1

[Darnell 8,479]

1. you overstayed on esta by 1 or 2 days - unsure how this will affect you.

2. since I-130 petition is approved, you need to find out if the casefile is going to NRC or NVC.

--if NRC, be prepared to wait

--if NVC, get busy with more doc intake

3. if your Priority Date is current and you are inside the USA, you can file for Adjustment of status (I-485 + copy of I-130 approval notice + medical exam + other forms) and not leave the USA.

[Darnell 8,479]

Nota.Bene.: Getting married inside the USA was perfectly fine - you not violate any laws whatsoever.

[Chantal&Marjo 4]

Sorry, I'm new and another I don't speak so good english, I wrong to reply!!! thank you for every answers thank yuo so much too all!!yes, I have a receipt of payment and a ticket air!

I'm more quiet now for my marriage!

[NikLR 13,231]

Are you in the USA now or are you in italy?

Is your husband a US citizen or is he a permanent resident?

[Chantal&Marjo 4]

Hi NLR, i'm in Italy, and my husband is a permanent resident, maybe on january/february will start a process to become a U.S. Citizen.

[NikLR 13,231]

Oh okay. Let me see if I cant get your thread moved to the right forum!

[Penguin_ie 5,996]

**** Moving from K3 to Bringing Family of Greencard holders forum *****

[aaron2020 11,651]

You do not have a problem that would bar you from immigrating to the US.

1. You overstayed on the VWP. This made you ineligible to use it again. This is why you was given a break on the following trip and was required to get a visitor visa on the third trip.

Your 1-2 days of overstaying does not carry a ban or require a waiver. It's a non-issue.

The only consequence of your overstay is that you can no longer use the VWP and must have a visitor visa to visit the US.

2. People are wrong. You would only need a K-1 fiancée visa if you intended to enter the US to marry and adjust status.

It's perfectly okay to enter the US and marry and leave as you did.

Furthermore, your LPR husband could not have petitioned a K-1 visa for you. Only US citizens can apply for a foreign fiancée; LPRs can not.

You at fine. Have a safe journey.

Edited December 11, 2013 by aaron2020

[Chantal&Marjo 4]

thank you for all asnwer guys!! SOrry Penguin_ie, How I can move my post in the correct place? thank you!!

[Chantal&Marjo 4]

Thank you NLR!!! Sorry my english isn't so good!