Can anyone put my worrying mind at ease?

N

nattydreads

Registered Users (C)
First of all i posted this in the Citizens thread aswell (reworded it a bit)

Hello everyone my husband will finally become a US citizen on June 1st in Dallas....and he also received an RFE on my I-130 (filed in 2001) for G-325A and a passport size photo of us ....he has until July 18th i think to send it in....we received the RFE just around a wk or so ago. My question is shld we send this (RFE) in right away or wait closer to his ceremony date?.

For those of u who dont know my case.....i've overstayed (B1/B2 visa) since April/May of 2004 (sorry 2005)..... dats y i have all the concerns . I know a few of u have tried to put my mind at ease re: spouses of US citizens overstay is forgiven.

So my other question is, on the day he receives his naturalization certificate does he send a copy of it with requests for upgrade along with I-485 and the other paperwork dat goes with it? Or does he wait for the response for upgrade first? Im not too sure of the priority date but he did file end of April 2001....and can anyone tell me about how long after he becoming a citizen i wld have my other applications approved? So, this long saga with USCIS would finally come to an end. hopefully :rolleyes:
 
Is there anyone who could give a legitimate answer? Maybe Ari-4 :) can help....i've seen him give wonderful advice and helpful postings.
 
nattydreads said:
First of all i posted this in the Citizens thread aswell (reworded it a bit)

Hello everyone my husband will finally become a US citizen on June 1st in Dallas....and he also received an RFE on my I-130 (filed in 2001) for G-325A and a passport size photo of us ....he has until July 18th i think to send it in....we received the RFE just around a wk or so ago. My question is shld we send this (RFE) in right away or wait closer to his ceremony date?.
Click to expand...
You should respond to the RFE as soon as possible.

For those of u who dont know my case.....i've overstayed (B1/B2 visa) since April/May of 2004 (sorry 2005)..... dats y i have all the concerns . I know a few of u have tried to put my mind at ease re: spouses of US citizens overstay is forgiven.
Click to expand...
Thats right. Overstay is forgiven for the IR of a USC but DONT leave the US till you get your GC.


So my other question is, on the day he receives his naturalization certificate does he send a copy of it with requests for upgrade along with I-485 and the other paperwork dat goes with it? Or does he wait for the response for upgrade first?
Click to expand...
You could do it either ways. First your husband should call/write to USCIS and let them know that he is a USC now and wishes to upgrade the I-130. After that, some people wait for I-130 to be approved first before they send I-485, some people send the I-485 with the I-130 NOA, proof of US citizenship of sponsor. Some people withdraw the I-130 filed earlier and send in a new set of I-130/I-485. It is your call.

Im not too sure of the priority date but he did file end of April 2001....and can anyone tell me about how long after he becoming a citizen i wld have my other applications approved? So, this long saga with USCIS would finally come to an end. hopefully :rolleyes:
Click to expand...
Once your husband becomes a USC, the Priority Date becomes current and you are eligible to send in your I-485 after the I-130 is upgraded. As far as the time taken to approve your I-485, it depends on your DO and FBI namecheck
 
The forgiven of your ovestayed is only for I-485 eligibility purposes not for traveling. Since you have been for a year out of status you are already on the 10 year bar, so you should NOT apply for I-765-travel document/Advance Parole. You must wait until get your residency.

Good luck,
 
cherr1980 said:
The forgiven of your ovestayed is only for I-485 eligibility purposes not for traveling. Since you have been for a year out of status you are already on the 10 year bar, so you should NOT apply for I-765-travel document/Advance Parole. You must wait until get your residency.

Good luck,
Click to expand...
I know you meant I-131 ;)
 
Oh thank u so much for the information Ari4u and cherr1980......i thought everybody was just not responding to me for some kind of strange reason :rolleyes: thank u so much i really appreciate u taking the time to respond.

well i will try not to come back here till i have good news for u'll cuz this forum gets so addictive :eek: ....(i'm sooo addicted right now)...

Good luck to everyone.......
 
Don't worry...Ari is a good example of addiction...he even respond through his cell phone :p now while his wife is sleeping so he doesn't get caught hehehe :D :D
 
Hey Ari4u/cherr1980/anyone ...another question....

Yea i know i said i was trying to stay away but i really cldnt keep to my words.....u know how it gets :)

I know u said some ppl have cancelled their old I-130 like u stated and refiled it....but i'm just a little (well alot :eek: ) worried if we should do the same. You see, the thing is on the old I-130 and the G-325A which we are filling out pressently, to me they will conflict...cuz the I-130 stated that i had never been in the US and since then i did get my B1/B2 visa and now on the G-325A i will be stating my address here in the US. Would that pose some sort of questions/problems?

I really, really dont mean to be repetitive! :confused:
 
Let's see if I understood...your I-130 states that you had never been in the US but you were here by the time of the filing?
 
When my husband had filed the I-130 in 2001 i had never been in the USA b4.....but i was able to obtain a B1/B2 visa in 2004 valid for 1 yr...went back home after 6mths and came back. But back then he didnt know about this G-325A....hence why we are filling it out right now.
 
cherr1980 said:
Let's see if I understood...your I-130 states that you had never been in the US but you were here by the time of the filing?
Click to expand...

ari4u said:
some people send the I-485 with the I-130 NOA, proof of US citizenship of sponsor. Some people withdraw the I-130 filed earlier and send in a new set of I-130/I-485. It is your call.
Click to expand...

I really dont mean to be a pest but I want to send this G-325A forms out in the morning and we want to do things the right way....I know ari4u said its our call but wld either of u advise us to withdraw the previous I-130 and when he gets naturalized just go ahead and file a new I-130
 
You must log in or register to reply here.
Top