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I -130 I -485 concurrent, but complex, help needed

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  • I -130 I -485 concurrent, but complex, help needed

    New here so please bear with me ????. Sorry it's very long.
    I was widowed in December 2016 and turned to the internet for support. We had two kids. I met my current husband on a mutual ******** group for a TV series we both love.
    I flew out to meet him from Spain to the states in December 2017. I then flew out practically every other month and introduced the children to him also. He was at that time a permanent resident. In February 2018 he applied for citizenship. Attended an interview - no answer. We continued visiting and he proposed and we didn't really care about the outcome of his application etc we just loved each other and wanted to be married. We married in December 2018. More visits in 2019 and then finally we came for 6 weeks in the summer (we did the same thing last summer) June 2019. We were fully prepared and intending to go back and continue the wait for him to receive an answer from uscis. However while here on holiday he saw movement on his case and we decided to stay a little longer than the 6 weeks, in August he got notification of approval. We decided to stay and adjust status. The children went to school on the 28th August. We were still within the esta vwp 90 days. On September 15th we went out of status, on September 25th my husband was naturalized. We are making the applications now for myself and my two children.
    I'm wondering if the 90 day intent rule is an issue? If the case is considered complex and we should get a lawyer? It's just so so expensive. Would be grateful for any advice.

  • #2
    He disclosed during his naturalization process that he married, right?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      He disclosed during his naturalization process that he married, right?
      Yes he did. At the ceremony he told them he'd gotten married in between the interview and ceremony and gave them a copy of the marriage certificate.

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      • #4
        I don't think you should be worried about this situation.
        Here is my personal experience: Last year, after her 4th visit, (now my wife) and I decided to tie the knot in December. She never went out of status and we started our AOS in March 2019. After 7 months, she got last week her GC by mail. I have seen cases that wife/husband was out of status during the AOS and it wasn't a reason to deny their application.

        Good luck.
        My wife's timeline:
        03/04/19 - Forms 485,130 and 765 received by USCIS
        04/04/19 - Biometric
        07/16/19 - RFE issued by USCIS (asked for the 2018 Taxes)
        08/13/19 - Evidences received by USCIS
        08/26/19 - Interview was scheduled
        10/01/19 - Interview
        10/02/19 - New card is being produced.
        10/07/19 - I-797 received informing the I-130 and I-485 have been approved.
        10/07/19 - Card was mailed to my wife
        10/10/19 - Card received (7 months and 7 days but her card states "resident since 10/2")

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