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Hypnos last won the day on December 29 2016

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About Hypnos

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    Does anyone even read these?
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  • Member # 131060

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  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    Chicago Lockbox
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    Dallas TX
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    United Kingdom

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  1. Unfortunately they're now no longer eligible to file for AoS as an immediate relative (child under 21). They would need to wait around five years to seek a green card under either the F1 preference (if the I-130 was filed by a US citizen parent), or F2B (if filed by an LPR parent--and would also need to remain unmarried under this category)--or substantially greater than five years if they're from either Mexico or the Philippines. This was an entirely avoidable situation, and they will now pay the price for this basic error.
  2. He has a ten year bar that will be triggered if he departs the US. It would be highly inadvisable for him to leave the country without AP, since that will leave him unable to return anytime soon. You should file a fresh I-485 based on the K-1. Follow the guide: http://www.visajourney.com/content/k1k3aos
  3. If you're filing for AoS in the next couple of weeks then you don't need to do anything else; as stated above, once your I-485 is accepted by USCIS this places you into a fresh period of authorised stay which will persist until that application is adjudicated.
  4. Once in the US, your period of authorised presence is governed by your I-94, not your visa. The visa expiring has no effect on anything other than you cannot use it to attempt to enter on again.
  5. Slim to nonexistent, depending on the CO. Applying would be the only way to find out for sure.
  6. An I-864 can be withdrawn at any point before the I-485 is adjudicated; this includes at the interview. Him cheating on you would not be a valid reason to file under VAWA, if that's all that happened (and there is no physical and/or mental abuse which rises to the level of "extreme cruelty", which is the required standard for VAWA).
  7. Probably. It will mean they have to schedule you for a judicial ceremony rather than an administrative one; judicial ceremonies usually occur less often, so you may have to wait a little longer.
  8. It can take up to 30 days to receive receipt notifications from USCIS. You should always, always, always use a delivery service with tracking whenever you send anything to USCIS. You now have no idea whether it was actually delivered or not.
  9. 1) Nothing. 2) 90 days is USCIS' processing goal, but it can take longer. 3) Your I-485 would be considered abandoned and would eventually be denied by USCIS. The I-130 would proceed, but you'd then be pursuing an immigrant visa instead of obtaining a green card through AoS. You would probably not be allowed to enter the country again anytime soon without a visa. 4) Generally you're required to spend more time outside the US then inside when entering as a tourist. If you left after four months it would then be advisable to spend at least four months in Canada before again attempting entry. It's possible you may get in earlier; it's also possible you'd just be denied entry and told to obtain a visa instead.
  10. Right, but supposing he had an overstay bar that was "forgiven" if he AoS'd, it's back on again the moment he stops being an LPR. It doesn't matter that he was an LPR when he left. The bar is always triggered on departure, except when you're a US citizen. It's just that the penalties for the bar (becoming inadmissible for X years) don't apply to LPRs. Let's say he overstayed two years, from 2007-2009. Then in 2009 he AoS'd and became an LPR, but left the US shortly afterward. The moment he filed the I-407 with the embassy officially abandoning his LPR status, he would be re-barred for however long is left on the bar. In this example he would remain barred until 2019--ten years after departing the US in 2009. The bar can be waived under the normal I-601 process, but until that happened or he waited it out, he'd be inadmissible to the US. OP can clear up whether or not this is the case here.
  11. @MacUKmay be into something. The INA 212 overstay bars for overstaying 180 days (3 year bar) and 365 days (10 year bar) never truly go away until you become a US citizen; they just aren't enforced for LPRs. Once you've accrued enough overstay then the bars are still there floating around in the ether, even after becoming an LPR. And as soon as you cease to be an LPR they are back in play once again. This is one of the reasons it's so dangerous for so many people on these boards to say that "overstay is forgiven". This is completely incorrect. It's just that you only trigger the bar upon departing the US, and the penalty isn't enforced for permanent residents. Not sure if that is the issue here, but I strongly urge everyone to stop using the phrase "overstaying is forgiven" in these circumstances. That is certainly not the case, and you're giving out incorrect information every time you say it.
  12. What day does the tracking information say the package was delivered to USCIS?