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I have applied for US residency, as a UK national married to…

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I have applied for US...
I have applied for US residency, as a UK national married to a US citizen. Approval has been granted, and is in process, but I don't know how long it will take.

I am in the US on a visitor's visa - this runs out in 10 days. How do I extend it?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 1 hour by:
6/14/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,792
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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What forms did you file? When did you file them?

 

Did you begin the process here in the U.S. of Adjustment of Status or did you do the K-3 spouse visa process or CR-1?

 

Also, did you enter the U.S. on a Visa Waiver?

 

Please try to answer all questions. Thank you.

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Customer reply replied 8 years ago
Forms:
1-797C
1-797
I-864
I-130

PLUS SUPPORTING FINANCIAL INFORMATION

NOT ENTIRELY SURE WHAT YOU MEAN BY THE SECOND QUESTION- I MARRIED A US CITIZEN IN DECEMBER 2009 AND STARTED THE PROCESS SOON AFTERWARDS


YES, I ENTERED ON A VISA WAIVER.


MY APPLICATION IS APPROVED, BUT I DON'T KNOW WHEN IT WILL BW FINALISED. IN THE MEANTIME MY VISA WILL RUN OUT IN 10 DAYS
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
You filed the I-130 while you were here in the U.S.? What I am trying to find out is if you are doing Consular Processing or Adjustment of Status? Adjustment of Status you also need to file an I-485. Are you now receiving correspondence from the Department of State instead of Department of Homeland Security? You would have originally started by getting things from Homeland Security.
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Customer reply replied 8 years ago
YES, I FILED THE I-130 WHEN I WAS ALREADY IN THE US.

RECEIVED CORRESPONDENCE FROM HOMELAND SECURITY FIRST, THEN DEPT OF STATE. IT LOOKS AS IF I NEED TO FILE A I-485, I HAVE NOT DONE SO YET.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

That would have been the correct method. You file the I-130 and the I-485 together. If you are still in status, you MUST file the I-485 before your I-94 expires. There is no way to extend your I-94. That's the big problem with the Visa Waiver. So file the I-485 now and include a cover letter requesting that the file be merged with the I-130. You would include a copy of your I-130 receipt (or approval letter if you have it). If you cannot file before then, then you should leave the U.S. and then you would need to file an I-824 which can be found at http://www.uscis.gov/. Let me know if you have any follow-up questions. Thank you.

 

Also, please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!



Edited by Guillermo J. Senmartin, Esq. on 6/21/2010 at 5:20 PM EST
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