Overstayed While I-130 Pending
Here are the facts:
1. I got married on July 2006 (With a resident now a citizen)
2. I stayed in my country and came to visited him many times (With my visitor visa)
3. We filled the I-130 on May 2007 (I was here as a visitor when it was filled)
4. I overstay here since the last visit, January 2008 (With a visitor visa)
5. He became a citizen this week (December 17 2008)
Do I need a waiver? Please give me an advice:(
Re: Overstayed While I-130 Pending
Your husband has a phone call to make:
Quote:
If you become a U.S. citizen and your relative’s petition has not
yet been approved by USCIS, you will need to notify the Service
Center where you filed your relative’s visa petition. You should
send the notification to the Service Center address located on
the receipt notice you received when you filed your Form I-130
petition. Please include a letter with information regarding your
relative a copy of your Naturalization Certificate, and a copy of
the petition receipt notice. Call Customer Service at 1-800-375-
5283 for additional assistance or if you are unsure about the
status or location of your petition.
His citizenship will affect how your petition is processed - spouses of citizens get to file the I-130 and I-485 (adjustment of status) together, without returning to their home country.
Congratulations to your husband on his shiny new citizenship!
Re: Overstayed While I-130 Pending
Thank you so much for the advice!