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disregard

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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A waiver for unlawful presence must have a qualifying relative which would be a spouse or parent. The waiver will have to show how it would be an undue hardship on his wife is he is not permitted to immigrate AND how they cannot live together in another country.

Probably won't happen.

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It is possible, but as I said the hardship to be proven would have to be that your mother (his spouse) A, needs him (your father) to come live in the US and it would be an undo hardship on her if he was not permitted to immigrate to the US and B. that the two of them cannot live in another country together.

Since your mother will be a recent immigrant I think it is going to be hard to prove the two points......but. ,,,, it never hurts to try. Visit immigrate2us.net and see what they think. A lot of people there are experienced in waivers.

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Agree, Mother will be the QR, I have certainly seen it done, obviously more interesting when she has been here 10 minutes, but happens.


“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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Qualifying Relative


“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 believe that the hardship must be to the petitioning relative. Assuming that the OP was the petitioner for mom and dad, then no waiver possible. Mother will have to file a preference petition for her husband, and then file the 601 when it is approved and current. I think about a year currently.

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Not so


“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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Original Poster but otherwise ignorable.


“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 believe that the hardship must be to the petitioning relative. Assuming that the OP was the petitioner for mom and dad, then no waiver possible. Mother will have to file a preference petition for her husband, and then file the 601 when it is approved and current. I think about a year currently.

It means your father will not come under the category of immediate relative (IR 5) like he did when you petitioned him. He will now be petitioned by your mother under the category F2a ie spouse of permanent resident. this is a preference category as visas are limited thus not immediately available.

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