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Kaygrace

Tried to apply my ( now husband) accidentally years ago for an I-539 will that affect applying our AOS?? Help please!

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I'm USC, Here is the situation, my (now) husband who was from Canadian came to visit me in 2010 for the first time after we met online. When he came our feelings got stronger and he ended up not going back like he had planned too ( I didn't know anything really about overstaying etc. at that time). In 2011 I started doing some research and read that he could stay in the US for 6 months at time so I got really worried I didn't know what to do and I didn't know what documents to fill out and we weren't married yet, ( I was only 17 yrs I knew nothing about immigration whatsoever) I filled the I-539 in 2011, because I thought that would allow him to stay in the US ( I had no idea about it or what was required to stay in the US, I just knew there must have been a way to stay longer and was panicking at the time it had said extended time and my naive 17yrs self thought it was that simple to stay in the US.....) :(

Well it wasn't processed completely because I never attached the proper fees or documentation, now fast-forward a year later (2012 I was still in high school) we were in love I wanted him to stay with me I couldn't bare to be apart, so we ended up getting married out of the blue, that's when I found out about the AOS we could apply for and forgiving overstays etc. Now we're finally in a position to apply for it ( I know I haven't life has been so chaotic, ill mother, bad financial situations, moving a lot, graduation etc,) and I had completely forgot about ever applying previously for I-539, and I just want to make sure that won't affect our AOS, We're very much in love and have a true relationship for years, I love him to death he has been through every family crisis with me and he is my world and all of my family whom I'm close to lives here in the US. I'm scared to death making that stupid and irrational mistake may prevent us from finally having peace of mind, I'm crying even typing this message because applying for the AOS alone is so scary to me ( I have bad anxiety on top of everything). As far as I know no further action was taken we didn't provide all the information ( since I had no idea what I was doing) and they didn't send anymore paperwork aside from I-767C action of notice saying to re-send with proper fees etc, and we never did because I assumed it was incorrect and didn't know what to do. I know being naive shouldn't justified making mistakes, but it did and I made them...we got married a year later and he was able to get a temporary Florida ID. So I am just praying everything is fine and we're good to send off our AOS?? (We've been married three years now) :clock:

Please I hope you can give me good news, and thank everyone so much for all the info. I would have never known about ANYTHING without this site.

(L)(L)(L)(L)


Met:4/8/10

Started dating : 04/17/10

He came to US: 8/3/10

( Was supposed to return 9/3/10)

Now we have been married since 3/23/12 heart.gif

Getting AOS packet together.

xw061add.png

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Your I-539 will have no bearing on any AoS application you file. Since it was never accepted for processing by USCIS (because of the deficient payment) then it doesn't really exist in USCIS' eyes. Even if it did, it would likely make no difference anyway.

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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Looking at your post I would strongly recommend you appoint a component lawyer.


“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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Your I-539 will have no bearing on any AoS application you file. Since it was never accepted for processing by USCIS (because of the deficient payment) then it doesn't really exist in USCIS' eyes. Even if it did, it would likely make no difference anyway.

Thank you so much for your reply. That's what I was hoping since nothing further came of it. I'm just going to go ahead and apply for the AOS like planned, cause my guess is he wasn't eligible and it wasn't processed.


Met:4/8/10

Started dating : 04/17/10

He came to US: 8/3/10

( Was supposed to return 9/3/10)

Now we have been married since 3/23/12 heart.gif

Getting AOS packet together.

xw061add.png

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Looking at your post I would strongly recommend you appoint a component lawyer.

I'm not sure why you'd say that... but I'm going to contact someone about it just to be on the safe side. I think I was just having a panic attack last night over it. I'm hoping it doesn't change anything. I'm sure other people must have applied for the wrong things before by mistake. :/


Met:4/8/10

Started dating : 04/17/10

He came to US: 8/3/10

( Was supposed to return 9/3/10)

Now we have been married since 3/23/12 heart.gif

Getting AOS packet together.

xw061add.png

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