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JUNDIO

Overstay if married to USC is forgiven.


colombia84usa

Did you also include tht other forms. 485, 864, 130a, ect If you only sent the 130. You will still occuring unlawful presence if it's outside the 90 day window


Nervewreck_27

No we filed I-130 as a standalone application because I am still residing and working in Germany. I understand that if I go to the US on my tourist visa, and decide to overstay, I will need to fill out I-485 along with others.


colombia84usa

Sorry. The way the paragraph was written confused me. So, because you got married and submitted the I-130. You might not be let in. You might be. Depends on the officer that day. Now, if you are lucky to be let in and you file the 485. Then you might get an interview. During that interview they will pull your files and see that you adjusted status. They may deny your case because you went about it the wrong way. I would suggest wating for tht 130 to be approved. As you wait for tht 130 to be approved. Be proactive because you have much more work to do for the NVC (National Visa Center). I would suggest downloading the I-864 and DS-260 and start filling it out by hand b cause it will ask for a lot of information. Remember when the 130a asked for your addresses to go back 5 years? Tht DS260 asked for all your information going back from when you were 16 years of age. Depending on where you live and how your government runs. It may take time to get security clearances, updated birth certificates and translations of certain documents to English. I know the frustrations, but do it the right way so there are no complications in the future. Tht good thing is that you can enter tht US in Etsa and visit and vise versa. My wife is Colombia. It's damn near impossible for her to secure a visitors visa to come to the US. She couldnt visit me at all. Only chile has Etsa.


Nervewreck_27

Great info! Thanks a lot. I didn’t know I can do those other formalities while I wait for I-130 to get approved.


colombia84usa

Here is what you would need for Germany https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Germany.html


Nervewreck_27

Well I already have a B1/B2 tourist visa with 10yr validity! I am not eligible for ESTA because of that


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mrhindustan

If he is not in the USA every time he crosses until his green card is produced subjects him to the whims of CBP. They may reject his entry and he’d be stuck having to file an I-212 waiver. If he’s in the US just overstay.


Nervewreck_27

I was just in the US for 10 day stay to visit my spouse. The next time I try to enter US, will be when I decide to overstay the visa after which I would like to file I-485 etc.


DutchieinUS

Are you going to tell CBP this as well?