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BorowiczA

Adjustment of Status after being out of status for a long time

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Hi, I have complicated issue so please bare with me.


I came to the US with a K-1 visa 6 years ago. We applied to adjustment of status the same year we got married and the same year I arrived but I got denied because of insufficient income of my wife that time. We were struggling for money that’s why we didn’t get to apply for my greencard again right away. A year ago, we were gonna apply for my greencard, we went and get for my medical but still we didn’t get to do again once again because of the money. Now my medical is going to expire soon and we are planning on applying again but I am kind of nervous about it because it’s been a long time since I came here. However, I am always hoping that they will give us some slack because we applied for my green card once but got denied. Also, we are thinking if whether to get an immigration lawyer or do it ourselves to save some money. I hear some stories that people get green card after being out of status in the US for a long time and they didn’t even came here with a K-1 visa, some came with a student, or a tourist visa and get married and get a Greencard, and that’s what I’m always positive about that I came here with a K-1 visa and I should pass. Please help, this is really a nerve-racking feeling, every time I research about it, it always makes me nervous of what’s going to happen if we apply for my Greencard again. So please share some of your experience if you’ve ever had the same before or if you know something about it. And if getting a lawyer would make a big difference or are we better off doing it ourselves.


I’d appreciate all your thoughts and advices. Thank you very much.


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AOS now, no problem. 6 years was a long time for all kinds of commingling evidences so you should be fine because you are legit.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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For immediate relatives of a US citizen, such as a spouse, it doesn't matter that you're out of status. It only matters that you entered legally, which you did.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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As long as you are adjusting status with the original petitioner (your wife) for the K1 visa, you will be fine.

You will need to gather your evidence and prepare but I do not think that you will require an immigration lawyer.

They will not give you any leeway with regards to your medical. It is valid or not valid, there is no grey area with this matter.

Good luck with your process.


My AOS Journey

11/11/14 - POE

12/12/14 - Married

12/15/14 - AOS/EAD Submitted

12/22/14 - NOA 1

01/13/15 - Biometrics

03/20/15 - Notice Of Potential Interview Waiver Received - 6 Month Delay

09/21/15 - NPIW Expired

10/16/15 - Service Request 1 submitted - Local office past my case

10/17/15 - Service Request Response - Currently being adjudicated, No timeline. Please wait

10/19/15 - Contacted Local Congressman. Request Submitted

11/19/15 - Response from congressman. Currently being adjudicated. Please wait. No Timeline

11/27/15 - Letter from Local Field office requesting missing I-693.

12/21/15 - Infopass Appointment regarding notice - I-693 not required for K1 Visa. Officer stated he would request local officer to contact me

12/22/15 - 1 Year since NOA 1

01/06/16 - Service request 2 submitted

01/19/16 - Interview Appointment Received

02/09/16 - Interview - APPROVED

02/12/16 - Green Card In Hand

12/26/17 - ROC Submitted

01/08/18 - ROC NOA1 Recieved

 

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Thanks everyone for all your thoughts. We will apply for adjustment of status very soon. I have one more question though. We moved to the other state and there's a close USCIS office here. Should we send it here or the one that we sent our first case first, where I got denied?

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All family-based adjustment of status applications are filed with the Chicago Lockbox, regardless of where you currently reside.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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