help please

M

m&f

Registered Users (C)
I came to US with tourist (B2) visa and my I-94 expires in Oct 25. Three weeks ago I married a US citizen and now he is going to submit the applications for my permanent residency.
I want to know, is it ok for me to stay in US after my I-94 expires, if he submits the documents next week? or do I have to go back to my country and return?
We are filling out the forms nowadays but we are not sure if I have to leave the US, request an extension for the I-94, or just submit the forms to the immigration services as soon as possible?
Do we need a lawyer to help us? We also heard that it was illegal to marry in US with a visitor visa... is that true?

Thanks in advance for your help.
 
if you submit all the docs before your I-94 expires, you can just wait to adjust your status to legal permanent residency. You will be in legal "pending AOS" status. You don't have to leave. Of course, in this case you will have to prove that you didn't have the intention to marry AND immigrate (stay) when you entered the States on a non-immigrant visa. Good luck.

Other than that, you can leave and have your spouse submit the immigration docs and come in on an immigrant or a spouse visa later on. More legal, less to prove.
 
If you married less than 90 days after your entry then you MAY be in trouble for violating the non-immigrant intent. Thse terms are vague for us regular folks and there's no exact definition... if that's your case you must consult with a good lawyer how has experience dealing with such cases.
 
more questions...

Thanks very much for the quick answers.
I married my husband after four months of being in US but we lived together since I came (a common friend introduced us and he offered me to stay in his place while i was taking exams for medical license here, then he proposed to me when I was returning to my country to wait for the results).
We have filled "all" the forms (I-130, I-485, I-765, I-864 and I-131) and we are waiting for the medical clearance to submit them.
1. Is there any other form that we dont know about?
2. Is it faster if we hire a lawyer to help us?
3. I came as a visitor, what is my current status now that we are married?
4. I passed the USMLE 1 and 2 and before getting married I applied to hospitals requesting for H1 visa. What should I do now? I mean, can I still go ahead with the process through my husband (if I get EAD on time) or accept H1 visa (in that case I need to leave US before my I-94 expires???)
Help me please... I am so worried...confused... :(
 
Last edited by a moderator:
more help please

m&f said:
Thanks very much for the quick answers.
I married my husband after four months of being in US but we lived together since I came (a common friend introduced us and he offered me to stay in his place while i was taking exams for medical license here, then he proposed to me when I was returning to my country to wait for the results).
We have filled "all" the forms (I-130, I-485, I-765, I-864 and I-131) and we are waiting for the medical clearance to submit them.
1. Is there any other form that we dont know about?
2. Is it faster if we hire a lawyer to help us?
3. I came as a visitor, what is my current status now that we are married?
4. I passed the USMLE 1 and 2 and before getting married I applied to hospitals requesting for H1 visa. What should I do now? I mean, can I still go ahead with the process through my husband (if I get EAD on time) or accept H1 visa (in that case I need to leave US before my I-94 expires???)
Help me please... I am so worried...confused... :(
Click to expand...
 
No it's not faster if you use a lawyer - I think for your case, doing it on your own is okay as the forms are quire straightforward.

I would say file ASAP, get your EAD and start working much easier and faster than looking for an employer who would sponsor H1.

Finally - relax. Read all the instructions and double check the forms but even if you miss out something - they will ask you for more information (even lawyers make mistakes!)

Ps If you are in Texas there is a fast track process.
 
GerogeF,
The pilot program for Family based application in Dallas (not whole texas) allows you to get the GC in 3 months flat.

You take an infopass appointment and then file all the papers in person. The officer checks everything and asks you to make an Fingerprint appointment if everything is fine with the paper work. In 90 days after the appointment, they are supposed to approve the GC or at least let you know what is holding them.

No EAD or AP is allowed in this process.
 
Thank you, Swaiting! Honestly, I've never heard of it. It must make Atlanta and New York people... well, let's say "angry". :rolleyes:
 
You are talking about Atlanta or NY people, this even pisses off the Dallas people too.. You see this pilot program is effective from 1st May 2004 or something . So people who filled in Texas till April 2004 are going to wait for 3 years (this is the current wait time in Texas).. I know of people who filled in Jan 2004 and are planning to file again and spend the 570 $ again to take advantage of this...

The Pilot program is active in LA too. My friend got in 47 days (start to finish) the actual card in his hand...
 
SWaiting said:
You are talking about Atlanta or NY people, this even pisses off the Dallas people too.. You see this pilot program is effective from 1st May 2004 or something . So people who filled in Texas till April 2004 are going to wait for 3 years (this is the current wait time in Texas).. I know of people who filled in Jan 2004 and are planning to file again and spend the 570 $ again to take advantage of this...
The Pilot program is active in LA too. My friend got in 47 days (start to finish) the actual card in his hand...
Click to expand...

Pilot my ass. Things like this really tick me off. And then they will put the director on the TV saying that they process all apps in 3 months and how great they are... :mad:
Stupid, supid, stupid. Imagine, if it didn't cost another $570 to reapply? All the poeple would just simply reapply and flood the express processing unit. GRRRR!
 
to the contrary, finally they have come to their senses and are doing things the same way like when you apply for Driver License or US Passport.
I beleive US Passport is the most tough thing to get with all the paper works and checks. But One can take an Appt at the National office and apply in person and get the US Passport 3 hrs later...

Similarly with the GC process, the file just sits there for 2 yrs. Then the Officer opens it and on average spends 17 min and then approves or disapproves it.

This Pilot process eliminates the file gathering dust process and is really good. Wish NJ or San Jose had it. LA is even better. Did it in 47 days for my friend...
 
m&f said:
We have filled "all" the forms (I-130, I-485, I-765, I-864 and I-131) and we are waiting for the medical clearance to submit them.
1. Is there any other form that we dont know about?
2. Is it faster if we hire a lawyer to help us?
3. I came as a visitor, what is my current status now that we are married?
4. I passed the USMLE 1 and 2 and before getting married I applied to hospitals requesting for H1 visa. What should I do now? I mean, can I still go ahead with the process through my husband (if I get EAD on time) or accept H1 visa (in that case I need to leave US before my I-94 expires???)
Help me please... I am so worried...confused... :(
Click to expand...


1) nope, that's pretty much it.
2) no
3) if you didn't file for AOS yet, you are still a visitor, until your I-94 expires. Once you file for AOS, your status will be AOS pending.
By the way, not all offices require that you submit the results of the medical exam with the AOS forms. For example, Atlanta office doesn't require it, because AOS takes 3 years, and they kind of like the results to be fresh, so you go through the exam right before your interview.
4) just wait for your EAD, I guess. You should get it within 3 months of your filing. I got mine within 1.5 months.
 
another question

Thanks LucyMO for your answer.

We finally submitted all the papers without a lawyer, and as we had them, we sent medical clearance and affidavit too.
I just read from USCIS.gov that NYC offices is now processing EAD from march 2004... that means that I will get my EAD in what? five months???
The problem is that I am getting interview calls from hospitals I applied as H1 visa petitioner... what shall I do now???
I mean, now that we sent the petitions I cant go overseas and come back because my I94 expires in one week, and what shall I say to the hospitals... i dont need the H1 anymore but I will have to wait until next year to get my EAD and start working with you guys???
Everything is getting worse and worse... thanks to all of you for your support...
 
Thanks

thanks UN for your reply... I am staying here until I get EAD. If I lose the hospital chances I will try next year...
 
time

We have submitted all the papers one week ago but we have not gotten any notice yet... is it normal to take that much time? is there any chance they might lost our documents or any USPS mistake??? They havent taken the money from our account yet... how long does it take to know if they are aware of our case???
thanks
 
It usually takes around 3 weeks between submission and getting receipts from USCIS - so I guess you still have some time to wait


One quick way of determining that they have received your application is to find out if the checks that you sent for the application fees were cashed and debited against your bank account. IF you have an image of the check, it will also show your receipt number on the back.
 
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