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I received my I-130 notice of action, what should I expect next?

Jacksonville, FL |

I overstayed in the country for over a year and got married to my US citizen girlfriend last May2009. I received my i-130 notice of action, what should we expect next? How long we will wait? What are the necessary things that we should prepare (like documents to prove that we are married for love??) while waiting?

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Attorney answers 1

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A Notice of Action can really be several different types of notification from USCIS, among them that a case has simply been received for processing or that it has been approved. So, we don't really know the status of your case based on the fact that you received this. We also don't know exactly how the I-130 wwas filled out or what was requested on it - Adjustment of Status processing here, processing through a consulate abroad, etc.

It is also unclear whether the I-130 was filed alone or with an Application to Adjust Status in the U.s., which can be filed simultaneously if the I-130 is based on marriage to a u.S. citizen and you entered legally with a visa (you say you had "overstayed" which means that you did, and simply stayed past the expiration date).

If simply a receipt, you should expect to wait about five to seven more months and then receive either an approval or an inquiry of some sort. If an inquiry, you will have one to approximately three months to respond, and will receive a decision one to two months after that.

Since an Adjustment of Status application can be prepared/filed at any point, you should seek the assistance of an attorney in preparing one now - no need to wait for approval to file it. An attorney can assist you with compiling the necessary documentation that this is a "bona fide" (legitimate) marriage for the interview, as well as documenting everything else necessarily to show that you are entitled to adjust status in the U.S.

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