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Should I file I-864 for my sister

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I really confused. Please, help.

Should I file I-864 and where I should submit: to NVC or USCIS? We already paid $120 to NVC and it was cleared. I am US citizen.

In 2003, I applied petition for my sister, I-130, while she been in her country. Then in 2004 she got a visa because my Mom passed away and she arrived US.

In 2004 she applied for an asylum and it is now in Appeal and still pending. But in April we got Welcome letter from NVC that she can apply for a AOS through the counseling process. But she is in US, can she do her AOS here, not through counseling process and what she has to do with her asylum case?

I'll appreciate your advice and help.

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I'm not sure she is eligible to file for AoS, since her asylum claim was denied and she's now appealing it.

You may wish to consult with an experienced immigration attorney, since your case is not straightforward.


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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Your case is not do-it-yourself. It is time for attorney.


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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~ Moved from AOS from Family Based Visas to Bringing Family Members of US Citizens to America -petition for sibling, debating AOS in US or consulate interview abroad ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hello, KayDeeCee!

I am not sure that your link answers to my Question. We preparing ourselves to apply for Adjustment Of Status with USCIS because my sister physically in the USA. But the link which you posted is for the Consular Processing. But anyway thank you for your help.

I am sure somebody probably had the same situation like mine. Please, post any answer who had the similar one. Thanks.

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You really need to consult an experienced immigration attorney.


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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There won't be any AOS as she's not in the country legally.

You really need an immigration lawyer for this.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Hello, KayDeeCee!

I am not sure that your link answers to my Question. We preparing ourselves to apply for Adjustment Of Status with USCIS because my sister physically in the USA. But the link which you posted is for the Consular Processing. But anyway thank you for your help.

I am sure somebody probably had the same situation like mine. Please, post any answer who had the similar one. Thanks.

I did not provide a link to anything. I just moved your post to the more appropriate forum for your situation. The forum you posted in is for those adjusting status after entering on family based K visas. That is not your situation.

I agree with the others. Get a good immigration attorney to help you.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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