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Tommy27

AoS help please: What if I'm currently out of status.

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Hey guys, I'm new to Visajourney. I apologize if this question has been asked and answered already.

 

I"m currently married to a US citizen but I am 2 years out of status. I am currently living in the US. Is it still possible for me to apply for AoS? Any advice would be incredibly helpful. 

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What visa did you enter on?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Then you're fine to AOS. The overstay will be ignored. Just file the same as anybody else.

 

http://www.visajourney.com/content/i130guide2


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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21 minutes ago, geowrian said:

Then you're fine to AOS. The overstay will be ignored. Just file the same as anybody else.

 

http://www.visajourney.com/content/i130guide2

Thank you for your info. 

 

May I just ask. How come my overstay will be ignored? I read that overstays normally have to file the overstay waver. Any context you could give? 

 

I'm just trying to understand my own situation as much as I can as I do this process. 

Edited by Tommy27

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15 minutes ago, Tommy27 said:

Thank you for your info. 

 

May I just ask. How come my overstay will be ignored? I read that overstays normally have to file the overstay waver. Any context you could give? 

 

I'm just trying to understand my own situation as much as I can as I do this process. 

No problem.

 

Overstay of an immediate relative (IR) of a US citizen (USC) is ignored by law so long as the beneficiary legally entered the country. A spouse is an IR. This question about overstay pops up here often.

 

An overstay waiver is needed if doing AOS for other reasons (i.e. non-IR based), being married to an LPR instead of a USC, etc.

 

Note: Notice I said "ignored". If AOS is denied, then the overstay still accumulates during the timeframe AOS was pending.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Because overstay are forgiven of spouses of US citizens. If your spouse was a permanent resident it would be a different story.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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12 minutes ago, geowrian said:

No problem.

 

Overstay of an immediate relative (IR) of a US citizen (USC) is ignored by law so long as the beneficiary legally entered the country. A spouse is an IR. This question about overstay pops up here often.

 

An overstay waiver is needed if doing AOS for other reasons (i.e. non-IR based), being married to an LPR instead of a USC, etc.

 

Note: Notice I said "ignored". If AOS is denied, then the overstay still accumulates during the timeframe AOS was pending.

Thank you! This was invaluable. Truely.

 

So just follow the I-130 guide and just do a regular AoS package? Anything else that comes to mind? 

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8 minutes ago, Tommy27 said:

Thank you! This was invaluable. Truely.

 

So just follow the I-130 guide and just do a regular AoS package? Anything else that comes to mind? 

Not really. Have your proof of a bona fide relationship ready, including co-mingling of fiances and such. You'll likely need a new medical as well. All that will come later, though.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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51 minutes ago, geowrian said:

Not really. Have your proof of a bona fide relationship ready, including co-mingling of fiances and such. You'll likely need a new medical as well. All that will come later, though.

One last thing, Do I need any legal representation? Hiring an immigration lawyer? Whats your opinion on that for my situation? 

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2 minutes ago, Tommy27 said:

One last thing, Do I need any legal representation? Hiring an immigration lawyer? Whats your opinion on that for my situation? 

Nope. Your case sounds pretty straightforward and DIY. All an attorney can really do for you is (if they're decent) remind you of the forms to send and act as a second set of eyes. They can't speed it up and aren't likely to increase your chances of success for a simple case.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, geowrian said:

Nope. Your case sounds pretty straightforward and DIY. All an attorney can really do for you is (if they're decent) remind you of the forms to send and act as a second set of eyes. They can't speed it up and aren't likely to increase your chances of success for a simple case.

While going through the forms I forgot one key thing. And I guess it's a big one. My passport is expired. Any advice on this? Thanks agian.

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10 minutes ago, Tommy27 said:

While going through the forms I forgot one key thing. And I guess it's a big one. My passport is expired. Any advice on this? Thanks agian.

Renew it. :P  Technically, an expired passport shouldn't be a problem, but I'm assuming you probably want to travel at some point, so getting it renewed is probably for the best. Also, an expired passport may not be accepted for all purposes as a form of acceptable photo ID, and having a valid photo ID (i.e. a driver's license) is generally encouraged.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

Renew it. :P  Technically, an expired passport shouldn't be a problem, but I'm assuming you probably want to travel at some point, so getting it renewed is probably for the best. Also, an expired passport may not be accepted for all purposes as a form of acceptable photo ID, and having a valid photo ID (i.e. a driver's license) is generally encouraged.

My Drivers is still valid. I guess I'll be using that.

 

Would I just renew it at a South African consulate here in the States? I mean I assume I can't even get on a flight between states with an expired passport. 

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Just now, Tommy27 said:

My Drivers is still valid. I guess I'll be using that.

 

Would I just renew it at a South African consulate here in the States? I mean I assume I can't even get on a flight between states with an expired passport. 

That's fine.

 

Yes, you can. Or if/when they do an outreach in your area, you can do it. I don't know the South Africa process, sorry.  Flights between states never checked my passport...only my boarding pass and license. YMMV


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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