Got married on B2, I-94 date problem

M

MCLN

Registered Users (C)
Hi

I met my husband (a American citizen) on a online game and within a year we liked each other so much that we wanted to visit each other. Because I didn't have a job I visited him first for a week (May '06), which went really well, and 2.5 months later for 3 months (Sept) on the Visa waiver program. I then applied for a B-2 because 3 months is just to short to really get to know each other.
Halfway January he visited me so he could meet my parents and we flew back together. I stayed for 6 months and returned again in July. Early September I went to visit him again for 6 months but I barely got through immigration (while in the ambassy in Amsterdam I asked if I could just keep on flying back and forward and I was told that I just had to make sure that there was a month in between).
Luckily the immigration officer understood why I kept on flying back and forward and let me through. He did tell me that I'd more then likely wont be able to enter the US again because I was flagged, since I spent more time in the US then in the Netherlands and told me that it was best if we just got married in the 6 months I was going to visit.
So we got married early december and we sent in the I-130 and G-325a's within a week.
Due to my husband missing 1 signature it got returned 3 weeks later and I sent it back the day after (with signature). 2.5 week ago I got a letter from USCIS that my case was pending and that they'll inform me when more action is required.

But now I have a problem : my I-94 expires March 2nd and I'm pretty sure that the paperwork is going to take much longer. While I was looking into to it yesterday I found out that I should have also sent in the I-485 and I-765. I have the forms filled in but since I need my birthcertificate it's going to take at least a couple of weeks to get it, get it translated into english and sent here. So right now I'm not sure what to do. I'm running out of time and I don't know if I'll be able to return to the US once I leave!
Does anybody know anything I can still try to do in the 5 weeks I still have untill I have to leave so I don't have to leave?

Thank you.
Regards Amanda
 
Verify this with a lawyer; this is not legal advice:

In my opinion, the smartest thing to do are:

1. Send the remaining documents and retain copies so that you can submit them incase they misplace your mailing and still send an RFE

2. Apply immediately for an extension of B1/B2, giving the correct reason: that you suspect that due to incomplete submission of documents decision in your case may be delayed, and that you need the extension to remain in lawful status in the United States while your case is pending.

There is a chance that this will work. USCIS, while purportedly unbiased, understands such arguments better from citizens of the EU.

Again, DO consult a lawyer. A consultation is cheaper thatn an airline ticket, and well worth the money considering your alternative.
 
Thanks for the tips,

I've found the extension form and I'll sent it in straight away tomorrow. I have to admit that I stole most of your sentence but you just wrote it down so clearly. ;)

I found out last night that the mother of a friend of mine used to work with immigration and that she might be able to help me out so I might not need a lawyer. What do they do for you anyway? Or is just that they make sure that you know exactly what and when to sent things in?

It's more then likely going to take at least a week before I can sent in the I-485 since I need to wait for my burthcertificate but everything is filled out and when I get it, I can sent everything out straight away.

Regards Amanda
 
I recommend a lawyer in cases when I know that I do not know a particular section of immigration law well enough to be sure that my advise is close to being the best.

You do not need a lawyer to file the extension.
 
It's been a while but I got my I-130 and I-485 approved and had my biometrics done yesterday (fingerprints and picture) and I was wondering what is going to be the next step.

Thanks!

Regards Amanda
 
Did you get the approval or notice of receipt.

Because if you got the approval then you would be going to a center for photo and prints for GC
 
You probably got receipt notices, not approvals. A marriage based I-485 needs an interview in 99% of the cases. If you haven't been to one, you are probably waiting for an interview letter as your next step.
Good luck!!!

MCLN said:
It's been a while but I got my I-130 and I-485 approved and had my biometrics done yesterday (fingerprints and picture) and I was wondering what is going to be the next step.

Thanks!

Regards Amanda
Click to expand...
 
Thank you for the response. :)

I've heard about the interview, do I need to prepare for it (besides taking evidence of our relationship with me)? And do you have any idea of how long it is going to take before I have to go there?

Regards Amanda
 
Can you please give me some examples because I can't really think of any evidence I could use.
We haven't bought anything on both our names yet and the only thing my name is also on is his bankaccount and mailbox. Unless I can dig up some reciepts which were sent to his mailbox and have my name on it...

Regards Amanda
 
(1) Rent/mortgage statements
(2) Gas bill
(3) Water bill
(4) Electricity bill
(5) Automobile insurance/registration

Surely some of these have both names?
 
Hiya again

Thanks again for the response triple btw. :)

I stil haven't heard anything anymore uptill now but now I have something new that could be a problem.
We're going on a cruise this september from my husbands work to Mexico, it's just a couple of days but I'll still be crossing the US border 1 way or another and I'm not sure if I should make preperations for it and my main question is of course what kind of preparations that would be.

Thank you.
 
You need to apply for that Advance Parole. Form I-131, if you leave the US without it your immigration case will be voided, because of abandonment.
 
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