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So I'm about to become a citizen and I'd like to sponsor my mom. My wife and I make more than enough to support our family and meet the requirements to sponsor her. She came on a tourist visa 18 years ago and overstayed. She's married to a USC but would prefer I petition for her. Any advice would be appreciated.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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Why doesn't your mother want her USC husband to petition for her? I believe the process would be much easier/faster if he was to do it, instead of you.

Adjusting status from F-1 (student) following marriage to USC

Entered US for first time: December 2010

Met husband in class: August 2013

Started dating: February 2014

Engaged: 21 May 2015

Married (courthouse): 25 March 2016

Sent AOS packet to Chicago lockbox: 19 April 2016

NOA1 received: 24 April 2016

Biometrics appointment: 24 May 2016

Case ready to be scheduled for an interview: 2 June 2016

Infopass to request AP expedite: 30 June 2016 expedite approved

EAD/AP card in production: 1 July 2016

EAD/AP card received: 11 July 2016

Interview notice received: 17 September 2016

Interview date: 21 October 2016

APPROVED!

Green card received: 28 October 2016

Process took 192 days, no RFEs, from sending the packet to having green card in hand.

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I don't know exactly. She just asked if I could petition for her.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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I think Ejoriah is right. I don't think overstays are forgiving for parent petition. She is facing a 10 year bar. If her husband files for her he could at least file a waiver for the ban.

Maybe more knowledgeable members can clarify.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Actually overstays are forgiven for immediate relatives of USC as long as they entered legally.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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Actually overstays are forgiven for immediate relatives of USC as long as they entered legally.

Ah ok. But spousal visa is definitely the easier and possibly faster route.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Timeline

If you are at least 21, and you are a US citizen, yes, you can petition your mom and she can do Adjustment of Status with no problems.

You petitioning her may be simpler than her husband petitioning her because his petition would need to prove bona fide marriage, and the officer may or may not be satisfied with the evidence, whereas if you petition her it only depends on your mother-child relationship with her (with your birth certificate) which is not in doubt. Also, if she's been married for less than 2 years (and will still have been married for less than 2 years when AOS is approved), she will become a conditional permanent resident with the need to do Removal of Conditions, whereas if you petition her she will always become a non-conditional permanent resident.

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Filed: Citizen (apr) Country: Cameroon
Timeline

So I'm about to become a citizen and I'd like to sponsor my mom. My wife and I make more than enough to support our family and meet the requirements to sponsor her. She came on a tourist visa 18 years ago and overstayed. She's married to a USC but would prefer I petition for her. Any advice would be appreciated.

Agreed with newacct! You should do it as it will be much simpler since all you'll need to do is provide proof of relationship with birth certificate that she is your mom. Adjusting through her spouse will involve a lot of documentation to proof bona fide marriage. Again when mom gets approved she gets a 10 year resident card validity, which is better 2 if she's been married for less than 2 years saving her money and paperwork to go through removal of conditions again after 2 years. Her overstay is irrelevant and will be forgiven as she's an immediate relative of a U.S. citizen. You must be atleast 21 though to be eligible when the time comes to file for her.

Edited by Starkilla09

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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Thank you guys for your responses.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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