Do or Die???

T

tough_situation

Registered Users (C)
HI Everyone,
I could use and advise or help that I can get. I am a canadian immigrant, married a USC 2 months ago. I recently entered the US and have decided not to go back to Canada. We have decided to apply for a change of status .We will be applying for change of status in 3 months and I heard that the whole process takes over a year to get GC. However my visitor visa expires in 6 months from now. Will that be a problem ? Has anyone done the same this before ? How safe is it to do this ? Any advise/comments will be appreciated.
Thanks
 
as long as you get receipt of your case, you can stay here legally. if you have to leave the country, make sure you do it after getting AP. you will be fine.
 
tough_situation said:
HI Everyone,
I could use and advise or help that I can get. I am a canadian immigrant, married a USC 2 months ago. I recently entered the US and have decided not to go back to Canada. We have decided to apply for a change of status .We will be applying for change of status in 3 months and I heard that the whole process takes over a year to get GC. However my visitor visa expires in 6 months from now. Will that be a problem ? Has anyone done the same this before ? How safe is it to do this ? Any advise/comments will be appreciated.
Thanks
Click to expand...

I think that since you are married to a USC you should be fine staying in the US and applying for AOS. Overstaying is pardoned when you are a spouse of a USC. My visa is running out soon, too, and I haven't even mailed my application yet!
As baltimore 2006 said, just don't leave the country without an Advance Parole (travel document), which you can apply for when your AOS is pending!

Good luck! :)
 
Thanks Guys,, Do you know how long it takes to get a legal work permit and what about the green card , how long does it take to get the green card.
I also had a question ,, i keep reading "name check" .what exactly is it ??? :confused:
 
tough_situation said:
Thanks Guys,, Do you know how long it takes to get a legal work permit and what about the green card , how long does it take to get the green card.
I also had a question ,, i keep reading "name check" .what exactly is it ??? :confused:
Click to expand...

Keep reading and you will find more and more......

Anyway:
1. Work permit(I-130 EAD) takes between 30-90 days and is processed by NSC.
2. GC (I-485) will be processed at your DO, usually between 6-12 months, it depends on your DO.
3. Name check: after you fill your AOS, name check, background check are made by FBI, by the time at your interview hopefully you will be cleared.
 
I believe once you get married to a USC and file the AOS application all will be okay and several people have done it before and they are fine.

Just make sure you are getting married for the right reason

cheers
 
tough_situation said:
HI Everyone,
I could use and advise or help that I can get. I am a canadian immigrant, married a USC 2 months ago. I recently entered the US and have decided not to go back to Canada. We have decided to apply for a change of status .We will be applying for change of status in 3 months and I heard that the whole process takes over a year to get GC. However my visitor visa expires in 6 months from now. Will that be a problem ? Has anyone done the same this before ? How safe is it to do this ? Any advise/comments will be appreciated.
Thanks
Click to expand...

This is NOT a do-or-die situation. It requires a lot of reading to understand the immigration rules and requirements.

In short, USC sponsor files I-130, you file I-485, I-765 and I-131 and other supporting applications. Make sure you apply for AOS before your I-94 expiry date (even otherwise your overstay would be forgiven as you are the IR of a USC, but it might be an issue travelling with an AP). You can start working after your EAD is approved and travel using your AP (bad idea if you overstayed your vissa before you applied for AOS). As far as timelines are concerened, it depends on how fast your DO churns out applications and interviews candidates. You may want to look at the timeline tables here in the forum to see how the DO in your area is doing.
 
good advice

Ari could you explain what the AOS is, i applied for my wifes i-485 174 days after the I-94 expired or K-1 visa for personal reasons our DO is miami but at the at the bottom of the I 797 receipt for the I-485 says Missouri which is governed by Texas Service center, Her receipt number starts with MSC-xxxxxxxxxx what part does Missouri play in this game, we probably have two more years to wait because Miami has the biggest back log our receipt date is Aug 7,2005 miami is on July 04

could you help me Sincerely Eric
 
Check this:

http://www.immigrationportal.com/showthread.php?t=188386

This threat was made and mantain by Ari4u.

For family based application your file first stop at Chicago Lockbox that is NBC, they collect the money. After that your file goes to MSC they are the one who send you all the receipts, they will make the appointment for FP & biometrics and they are the one who will tell you when your EAD is approved and order your EAD card. If something is missing from your file or they consider that they need more evidence they will send you a note (called RFE). When the timeline at your DO is current for your receipt date (or when the DO tell them that is good to go) then they sent your file to your DO and an appointment notice will be send to you by the MSC. At Ari's threat all the lingo is explained too.

Good luck,
PD Read is one of the best tools that you can have when immigration is an issue in your life. The uscis website explain the process but the real time process is well explain over here, just make a search and read.
 
We went to the lawyer for consultation. He told us that we cannot apply for the first 90 days. He said the process can only be started 90 days after i enter the country .Is this true. Is there anything else we can do to bypass this 90 day wait time. Will it help if we get married again here ???
 
tough_situation said:
We went to the lawyer for consultation. He told us that we cannot apply for the first 90 days. He said the process can only be started 90 days after i enter the country .Is this true. Is there anything else we can do to bypass this 90 day wait time. Will it help if we get married again here ???
Click to expand...

You can apply at any time. Your lawyer probably meant to say that you should avoid applying for AOS within the first 90 days of entry into the US as that raises a red flag as to your intent of entry. The problem is that you demonstrated a non-immigrant intent when you got into the US and soon you turn around and apply for AOS. The prescribed waiting period is 60-90 days but this is not a law or a USCIS rule, rather an interpretation by the lawyers based on experience. Its your call.
 
The rule is not over the "when you file your AOS", is when you got married and how you enter.

The two points here are:
a. If you married before you enter and when you enter if you disclose that you was going to meet your husband here.

b. If you married here, then the "rule" of 60/90 days is over when (time) you got married after you enter the US.

In any case, it is totally on the officer who interview you to void that issue, there are other people like you and got good stories so I wouldn't worry to much about it. You can wait for 90 days...anyway you will need time to collect all the information, certificates, photocopies and the medical examination and your tax returns.

Good luck,
 
Last edited by a moderator:
You have to get first your EAD (Employment authorization document), and then you go to the SSA and apply for your SSN. To ger your EAD is like 3 months after you file. (You must received first your NOA's with the receipt dates, you count from that date).

Good luck,
 
thanks cherr.... i have another question.as i mentioned earlier my visa will expire soon. not only that my I-94 that was stamped when i entered the country has expired too.is that a problem ???
 
You must log in or register to reply here.
Top