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chely5093

Process went wrong instead apply for Adjustment of Status

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I have a friend that started her process for Green Card through her U.S. Citizen husband, she got into the US with a Visitor visa but without I-90 and stayed after her visitor visa expired. Her I-130 was approved late 2010, and the person who was filling the forms instead apply for Adjustment of Status with the petition continued the process with National Visa Center after the I-130 was approved.

The case still in NVC just finishing with several checklist she had. The appointment will be in Cd Juarez Mexico.

My question here is if she goes finally to Cd Juarez, could be possible that her Immigran Visa can't be denied for staying in the USA after her visitor visa expired? She is very scary and doesn't know what to do.

Or would be better to start over with new petition and Adjust Status in USA because then she won't have a risk to have a denial in Cd Juarez Mexico? I understand she will pay again!! Can NVC accept to cancel the process started with them without any consequences for her?

What would be the smartest decision ?? Thank you for your help....

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The process can be slow but not 5 years.

She leaves and she incurs a ban.


“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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I would adjust but bearing in mind what has happened so far I would be getting a Lawyer to do it.


“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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Not that complicated, but not something for everybody, certainly this situation proves that.

She could have been a US Citizen by now.


“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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Yes, I understand the process to adjust status is not complicated. But how a mistake from others can affect a case and must pay more money to do the right thing.....well is the consequences to pick the wrong person or ignorance!!

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Probably both.


“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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I would recommend speaking to an attorney, but she can notify NVC that she will be adjusting in the US. She can do a 601-waiver for the time stay after her visa expired before she goes to her visa interview in mexico. She will need to proved extreme hardship with the 601 waiver. However if she enter the US legally she can adjust the status here, would need to notify NVC that she is adjusting here.

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Can't she just notify NVC that she is in the US and will adjust status from there?

I don't understand what happened after the petition was approved.. did the person filling the forms submitted the AOS while the NVC process kept going? Is that what happened?

I am curious to know more about that.. you know.. for.. umm.. a friend. <_<


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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The fact UnaMexicana is that the beneficiary never applied for Adjust of Status, after the I-130 was approved the case was sent to NVC instead the adjustment of status

She paid all the fees in NVC The person who did all the paperwork went in wrong direction Big mistake!!!

Now the beneficiary has this big issue to solve!!!

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Chely5093,

I would advise the beneficiary to call NVC directly and explain that she would like to proceed with AOS and to get directions there and how to go about that...

Do you think this is an option?

I know many people here suggested lawyers. If she decides to go that route I would only advise to contact one experienced in her situation... our has been nothing but a pain in the behind.

All the best,

UnaMexicana

The fact UnaMexicana is that the beneficiary never applied for Adjust of Status, after the I-130 was approved the case was sent to NVC instead the adjustment of status
She paid all the fees in NVC The person who did all the paperwork went in wrong direction Big mistake!!!
Now the beneficiary has this big issue to solve!!!


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

event.png

event.png

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Depending on the reason for the 5-year delay at the NVC (that really seems odd) your friend should be OK to send in the I-485 package. Just make sure they send in a copy of the I-130 approval so USCIS can marry up the files.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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