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  1. #1
    Join Date
    Jun 2006
    Location
    NY
    Posts
    1

    Question B1 / B2 Visa, and US Citizen Spouse

    I came in October 2005 on B1/B2 visitor visa and got married to my wife who is a U.S citizen. I went back to my country. I came back on a B1/B2 visa in March 2005 to visit my family and wife. As visitor we sent the I-130 and G-325 to Vermont Servicing Center and now we were told that we were supposed to send the other forms like1-485, G-325A, I-864, I-693, and I-765. I don't know what to do now. I sent the I-130 almost 3 months ago.

    1. Can we file the whole package which contains (1-485, G-325A, I-864, I-693, and I-765) with the I-130 receipt that says the form was received but not approved, to Chicago?

    2. Should we file the whole package with new I-130 to Chicago?

    3. If we send an entirely new package should we mention that we sent I-130 to Vermont 3 months ago and it’s still pending?

    4. If we send an entirely new package do we have to wait an additional three months to have a work permit?

    5. Is it better to wait until the I-130 is approved and then continue with the whole package with an I-130 approval receipt to Chicago?

    6. I came on b1/b2 visa. My I-94 will be expired in about 3 months. Do you think sending an I-130 will give me authorization to wait in the USA until I have approval and complete my application process, or do I have to file for an I-485 now to have authorization to stay with my wife in America?

    7. If my I-94 expires before the I-130 is approved can I still file an I-485 without any problems?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: B1 / B2 Visa, and US Citizen Spouse

    With the nature and extent of advice you want, you should consult an immigration lawyer.

  3. #3
    Join Date
    May 2006
    Posts
    8

    Default Re: B1 / B2 Visa, and US Citizen Spouse

    Quote Quoting George2006
    I came in October 2005 on B1/B2 visitor visa and got married to my wife who is a U.S citizen. I went back to my country. I came back on a B1/B2 visa in March 2005 to visit my family and wife. As visitor we sent the I-130 and G-325 to Vermont Servicing Center and now we were told that we were supposed to send the other forms like1-485, G-325A, I-864, I-693, and I-765. I don't know what to do now. I sent the I-130 almost 3 months ago.

    1. Can we file the whole package which contains (1-485, G-325A, I-864, I-693, and I-765) with the I-130 receipt that says the form was received but not approved, to Chicago?

    2. Should we file the whole package with new I-130 to Chicago?

    3. If we send an entirely new package should we mention that we sent I-130 to Vermont 3 months ago and it’s still pending?

    4. If we send an entirely new package do we have to wait an additional three months to have a work permit?

    5. Is it better to wait until the I-130 is approved and then continue with the whole package with an I-130 approval receipt to Chicago?

    6. I came on b1/b2 visa. My I-94 will be expired in about 3 months. Do you think sending an I-130 will give me authorization to wait in the USA until I have approval and complete my application process, or do I have to file for an I-485 now to have authorization to stay with my wife in America?

    7. If my I-94 expires before the I-130 is approved can I still file an I-485 without any problems?
    I am new to this but perhaps i can shed a little light on the situation. U were suppose to file the entire package at the same time because u were in the US, married in the US. (different procedure if immigrant is not in the US).


    Also, I wouldn't worry about the I-94 expiration, ( u must file those papers asap, preferrably b4 ur I-94 expires).

    u can call the Immigration number to ask or have US spouse call. They will provide the correct procedure for u to follow.

    There may be some type of penalty involved ($1,000 fine). I said "maybe" but I do believe u have the right to refile. u can onsult with an immigration lawyer in your state free of charge.
    Just make sure u go ahead and file the complete package asap.


    Do not leave the country for any reason for right now.

    Call Immgration and see if u can recant first I-130 and resubmitt whole package?

    i will try to find out more information to help u if i can.

    I am not an expert. I married immigrant on expired B1/B2 visa, and am only sharing what i know. OK

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