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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99416
Experience:  Private practice in several areas, including immigration
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I am immigrant married to U.S. citizen, who overstay the

Customer Question

hi, i am immigrant married to U.S. citizen, who overstay the visa more then 180 days,i want to make adjustment of status and i already have sent my i-130 form ,and receive recept notice ,my quastion is under what classification of imigrant i am and what is my next step?tx
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Normally the I-130 and I-485 are sent at the same time. The I-130 simply has USCIS recognize the marriage in this case. The I-485 has USCIS then grant a greencard. But sometimes, persons send the I-130 alone first, and then wait to file the I-485 until later. Anyhow, someone in your situation may wish to WAIT until the I-130 is approved. Then once it is, file the I-485. See here: Also see HERE. Someone in your situation would be a 201(b) Spouse ir1/cr1. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 6 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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