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Overstayed While I-130 Pending

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  • 12-10-2008, 09:38 AM
    telemundo
    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:(
  • 12-12-2008, 04:07 AM
    LawResearcherMissy
    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!
  • 12-12-2008, 06:00 AM
    telemundo
    Re: Overstayed While I-130 Pending
    Thank you so much for the advice!
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