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At the cross-road of my LIFE!!

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  • At the cross-road of my LIFE!!



    Hey Everyone,

    For those who remember my situation (an F1 who overstayed his visa - more than 180 days - in the US), I am about to make a serious consideration on marrying a USC. And guess what, I am thinking about the "M" word with a long close friend of mine, and trust me, this is not about getting a GC marriage, there is more than that involved.

    So, my question is, if my and this USC lady get married next month ( ), how long am I looking at to a green-card, and what are the benfits that will unfold (EAD, AP, etc), and how long will they take after the applying for AOS?

    As I understand, I dont need an I130 for marriage GC right? or is it concurrent filing?

    All generous advice and inputs welcomed.

    P.S. Looks like I might quit on waiting for 245i to be extended for myself alone...

  • #2


    Hey Everyone,

    For those who remember my situation (an F1 who overstayed his visa - more than 180 days - in the US), I am about to make a serious consideration on marrying a USC. And guess what, I am thinking about the "M" word with a long close friend of mine, and trust me, this is not about getting a GC marriage, there is more than that involved.

    So, my question is, if my and this USC lady get married next month ( ), how long am I looking at to a green-card, and what are the benfits that will unfold (EAD, AP, etc), and how long will they take after the applying for AOS?

    As I understand, I dont need an I130 for marriage GC right? or is it concurrent filing?

    All generous advice and inputs welcomed.

    P.S. Looks like I might quit on waiting for 245i to be extended for myself alone...

    Comment


    • #3
      When you marry a USC, don't bug her all the time!
      Formerly Josephine Schmo

      Comment


      • #4
        Mo,

        You might find the following link of interest, especially as it pertains to D/S "overstays".

        http://britishexpats.com/forum/showthread.php?t=258750

        Comment


        • #5
          You guys havent answered the general set of events that happens after the AOS filing, and what intervals. In other-words, how long for the EAD/AP/Interview (is it condtional green card if approved) after filing?

          Josie Jo: I will try not to .

          sphyrapicus3: looks like you learned a bit on this issue on the site you gave me. - from what I read, it looks like I should stay away from AP, and the rest should be fine.

          You guys are great... fill me in on my other questions.

          Comment


          • #6
            After marriage, you get no "goodie!"
            Formerly Josephine Schmo

            Comment


            • #7
              Mo,
              There's no separate interview for EAD/AP. When you submit your I-485 marriage based application, submit the I-765(EAD) & I-131(AP) forms as well so they can process them. I think all marriage based I-765/I-485/I-131 is now handle at the NBC, so it might take a couple of months to get the EAD & AP approved. As for the I-485 interview, it truly depends, my guess is about 6months-1yr.
              Your (future) spouse will still need to file I-130 to be submitted alongside with the I-485.

              Best wishes for the both of you

              Comment


              • #8
                Boston I485 processing times is a bout 6 months or less... but it doesnt say I485 familybased or marriage-based. I guess they both mean the same right.

                Which one will get approved 1st normally? the I130 or the I485? - should I follow the I130 processing time or I485?

                Thanks again

                Comment


                • #9
                  Hubby's timeline at Boston:

                  Filed Feb 2003

                  Interview June 2003

                  EAD/SS Card July 2003

                  Conditional Green Card, dated August, received Halloween 2003.

                  I'm filing I-751 May 2005 right?
                  Formerly Josephine Schmo

                  Comment


                  • #10
                    Thank you very much Jo Jo

                    So, you filed I130 and I485 together to get the interview right?

                    So, there is a single interview to get the conditional greencard, what about when the condition needs to be removed - any interview for that? and how long is the condition for?

                    Many thanks.

                    Comment


                    • #11
                      Mo,

                      You missed the point entirely of the link I provided.

                      The bottom line is that:

                      A) You are probably not an overstay
                      B) You could apply for AP

                      Read it again man, but this time with more focus.

                      Comment


                      • #12
                        Mo,
                        Why you stress your self over the green card and all that stuff?! Go get married, enjoy your time, say good bye to your roomates , think of a NICE WEDDING, remeber NICE WEDDING, before you give the vow cut a deal don't "NAG" me 24/7, I don't "BUG" you 365/year.

                        After you get married, throw your applications in the mail box and wait, don't stress yourself.

                        Congratulations in advance.

                        By the way, move away or far away from your mother in law, I'm so **** serious.

                        Comment


                        • #13
                          Don't BUG wife for "something special" ALL the time!

                          That's only for birthday's, MAYBE.
                          Formerly Josephine Schmo

                          Comment


                          • #14
                            Well, thanks again everyone.

                            I like the format everybody uses to answer questions here... a good advice, and the questions I asked slip-away.

                            But with great great respect for all of you, I thank once again for your valuable advice.

                            Comment


                            • #15
                              File I-130 and I-485 together. And EAD too.
                              Formerly Josephine Schmo

                              Comment

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