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Nina&Roland

In need of help for a friend!!!

By Nina&Roland in General Immigration-Related Discussion

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Nina&Roland Apprentice

Nina&Roland   0

Posted
Filed: K-1 Visa Country: Latvia
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Posted

Hi!

I'm really trying to help my friend here who barely speaks English and is in a difficult situation. She came to US on a tourist visa, got married to LPR then got her visa extended for 6 months more. During that period of time she got pregnant and due to a difficult pregnancy and doctors recommendations she couldn't leave the country. So she ended up staying illegally in the country. Her daughter was born in US and is a US citizen. My friend and her husband hired the lawyer who says that the husband can apply for the citizenship next year June and then they can adjust her status as well. But by that time she'll be in the country illegally for almost 3.5 years. So my question is what are her husband chances to get a citizenship having his wife being in the country illegally? And what will happen if she'll try to file for AOS now? I really appreciate all the thoughts and advices regarding this topic. Thank you in advance

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Carla V Enthusiast

Carla V   43

Posted
Filed: Citizen (pnd) Country: Mexico
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Posted

since he is a lpr her overstay wont be forgiven, so she would have to depart and do the petition from her home country... as far of him gaining citizenship and aplying for her... someone with more experience will probably answer that... Good luck

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heo luoi Proficient

heo luoi   206

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
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Posted

since he is a lpr her overstay wont be forgiven, so she would have to depart and do the petition from her home country... as far of him gaining citizenship and aplying for her... someone with more experience will probably answer that... Good luck

Agree, and if they think she married to extend her tourist visa, or came on tourist visa w/ intent to get married, gist on old threads is that is a definite no bueno.

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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
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Posted

Intent is a non issue. Matter of Cavasoz and battista. I believe that once a citizen her overstay is forgiven during aos

Agree, happens all the time, not exactly a new scenario, he naturalises and then files for her to adjust. No problemo.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ontarkie Grand Master

Ontarkie   13,904

Posted
Filed: Citizen (apr) Country: Canada
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Posted

~~1 Post removed. answer the question or do not post.~~

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Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Ontarkie Grand Master

Ontarkie   13,904

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to General Immigration Related Discussion, from Tourist Visas - Since this is not about the tourist visas. Since the topic is about 2 different steps (Citizenship and AOS) that will be filed in the future it fits better here.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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dwheels76 Grand Master

dwheels76   5,459

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Hi!

I'm really trying to help my friend here who barely speaks English and is in a difficult situation. She came to US on a tourist visa, got married to LPR then got her visa extended for 6 months more. During that period of time she got pregnant and due to a difficult pregnancy and doctors recommendations she couldn't leave the country. So she ended up staying illegally in the country. Her daughter was born in US and is a US citizen. My friend and her husband hired the lawyer who says that the husband can apply for the citizenship next year June and then they can adjust her status as well. But by that time she'll be in the country illegally for almost 3.5 years. So my question is what are her husband chances to get a citizenship having his wife being in the country illegally? And what will happen if she'll try to file for AOS now? I really appreciate all the thoughts and advices regarding this topic. Thank you in advance

No problem for her just stay put until he is citizen and file. Also tell make sure she isn't working illegally or anything like that. And she can not leave the country.

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ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
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Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted

But what about the citizenship for her husband? Won't it effect him that his spouse is illegal in the country?

His citizenship is NOT tied to anyone's status but his. So even if his entire generation was illegal it still wouldn't matter since he is a lawful permanent resident. He is good to naturalize when he meets requirements. For the meantime his wife should lay low and hang on until then so she can adjust her status once he natiralizes.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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