You are here:

Immigration Issues/NVC letter after I-130 approved

Advertisement


Question
I entered US legally on a tourist visa, but overstayed and currently out of status. My husband who is a permanent resident filed for me a stand alone I-130 which was approved and at this point visa number is available as well.
I understand that I can not adjust status until my husband becomes a US citizen, because of overstay.
Recently we received a letter from NVC. They were both similar in nature but mine (beneficiary's) contained case number and invoice number. In the letters they ask us to choose address and agent. In my husbands letter they ask for Affidavit of Support fee.
This is all very confusing to me. I always thought that we will send affidavit of support together with adjustment of status application, work permit, etc.
What should be our next step?

Thank you.  

Answer
Hi,

As you are planning on adjusting status in the U.S. after your husband becomes a U.S. citizen (you are aware that you cannot adjust status prior to that due to overstay), just disregard the letters, as they are relevant only if consular processing. When your husband becomes a U.S. citizen, you will file adjustment of status including supporting documentation at that time such as affidavit of support (Form I-864) and EAD application (Form I-765) which are normally filed with adjustment of status.

You can call our law firm during business hours at 212-268-3580 or email info@h1b1.com for guidance.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.