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Julie meza

I need guidance in the right direction

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Hello 😊

 

Me and my husband have been together for 3 years already and we recently got married on 08/26/2017. I really want to help him out since he is an illegal alien he was brought here at the age of 6/7. He is currently 20 years old and im just confused on where to start the process! Any tips ?

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How did he enter? EWI or did he enter on a visa? 

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Then unfortunately he cannot AoS. 

 

When DACA opens to new applicants again in a few days he can apply (a court recent ordered it) which will at least give him some protection. 

 

The I-130/I-601A route may be available to him, but he would need to travel overseas to his country of origin to complete it. 

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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2 minutes ago, Hypnos said:

Then unfortunately he cannot AoS. 

 

When DACA opens to new applicants again in a few days he can apply (a court recent ordered it) which will at least give him some protection. 

 

The I-130/I-601A route may be available to him, but he would need to travel overseas to his country of origin to complete it. 

So he can do the DACA even if he is over 18 and we are married?

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These are the requirements for DACA:

 

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Had no lawful status on June 15, 2012, meaning that:

- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;

 

  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

It hasn't been opened up to new applications again just yet, but has to within the next few days following a federal order directing DHS to do so. At that point he'd be able to apply, if he wished.

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Progress Reports to DACA forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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If he entered ilegally he cant adjust status here. He would have to apply for a waiver, my attorney told me you would have to prove hardship like a reason why his absence would affect you. Once he gets that approved, he will have to go to his country, get visa and then enter legally. Once he enters legally, you can proceed.  Good luck!

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Filed: Citizen (apr) Country: Colombia
Timeline
On ‎2‎/‎15‎/‎2018 at 1:39 PM, Hypnos said:

Then unfortunately he cannot AoS. 

 

When DACA opens to new applicants again in a few days he can apply (a court recent ordered it) which will at least give him some protection. 

 

The I-130/I-601A route may be available to him, but he would need to travel overseas to his country of origin to complete it. 

this isn't true. IF he applied for the I-601 THEN yes he would have to wait out the process in his country of orgin. BUT IF he goes with the I-130/I-601A like you stated then HE CAN actually stay in the US through out the whole process and THEN after it is approved, he would leave shortly to attend the interview. That is the whole difference with the I 601 and I 601 a.

 

The hard part is showing extreme hardship to the US citizen wife. not imposible, but deff something that will want to be done with a lawyer

***CURRENT STATUS: US CITIZEN***

N-400 Naturalization Filed in the Texas LockBox (GC Date of 08/05/13)

00 Days- 05/09/16 Package Sent

01 Days- 05/10/16 Package Delivered

***PRIORITY DATE OF 05/10/16***

10 Days- 05/19/16 Received NOA

17 Days- 05/26/16 Received Biometrics Letter For 06/06/16

18 Days- 05/27/16 Biometrics Walk-in

***TRAVEL ABROAD FROM 06/15-06/30***

57 Days- 07/05/16 In Line For Interview :)

64 Days- 07/11/16 Interview Letter Mailed with a Scheduled date of 08/18/16

102 Days- 08/18/16 Interview (L) "Recommended For Approval"

106 Days- 08/22/16 In-Line for Oath :dancing:

117 Days- 09/02/16 Oath Ceremony (L) Officially a US CITIZEN.

121 Days- 09/06/16 Sent EXPEDITE passport application :dancing:

129 Days- 09/14/16 Received Passport :)

I-751 REMOVAL OF CONDITIONS FILED IN THE CALIFORNIA SERVICE CENTER (GC EXPIRATION DATE OF 08/05/15)

00 Days- 05/07/15 Package Sent

01 Days- 05/08/15 Package Delivered

***PRIORITY DATE OF 05/07/15 Even Tho Package Was Delivered On 05/08/15***

19 Days- 05/26/15 Received NOA

40 Days- 06/16/15 Biometrics Done

42 Days- 06/18/15 Stamp On Passport I-551 (evidence of permanent residency for 1 year with expiration date of 06/17/16)

181 Days- 11/04/15 Approved VIA Text Message 8:30 PM Eastern Time!

186 Days- 11/09/15 Approval letter came in from Charleston, SC office!

189 Days- 11/13/15 Greencard Arrived (L)

AOS, I-765, I-130 ADJUSTING THROUGH MARRIAGE (CURRENT IMMIGRATION STATUS: DACA, But came legally with Turist Visa)
00 Days- 05/14/13 Package Sent

01 Days- 05/15/13 Priority Date
08 Days- 05/22/13 Received NOA
14 Days- 05/28/13 Received Biometrics Letter For 06/12/13
16 Days- 05/30/13 Biometrics Walk-in:

36 Days- 06/19/13 Interview & Scheduling

49 Days- 07/02/13 USCIS Online Notification (interview Scheduled For 08/05/13)

63 Days- 07/16/13 EAD APPROVED good.gif

71 Days- 07/24/13 EAD Received

84 Days- 08/05/13 INTERVIEW!!!!!dancin5hr.gif

84 Days- 08/05/13 APPROVED ON THE SPOT BABY!

 

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3 minutes ago, car0593 said:

this isn't true

It's very true. Everything I said is correct. 

 

- They cannot AoS. 

- They would need to travel overseas to complete the process. This is the case even for an I-601A. It just lets you remain in the US a little longer until the interview overseas. 

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Colombia
Timeline
23 minutes ago, HappyBunny said:

But then if it is approved he can come back and adjust. You're saying he cannot adjust. He will be able to once he enters legally after the interview in his country. The citizen has to prove hardship though

Exactly my point!

***CURRENT STATUS: US CITIZEN***

N-400 Naturalization Filed in the Texas LockBox (GC Date of 08/05/13)

00 Days- 05/09/16 Package Sent

01 Days- 05/10/16 Package Delivered

***PRIORITY DATE OF 05/10/16***

10 Days- 05/19/16 Received NOA

17 Days- 05/26/16 Received Biometrics Letter For 06/06/16

18 Days- 05/27/16 Biometrics Walk-in

***TRAVEL ABROAD FROM 06/15-06/30***

57 Days- 07/05/16 In Line For Interview :)

64 Days- 07/11/16 Interview Letter Mailed with a Scheduled date of 08/18/16

102 Days- 08/18/16 Interview (L) "Recommended For Approval"

106 Days- 08/22/16 In-Line for Oath :dancing:

117 Days- 09/02/16 Oath Ceremony (L) Officially a US CITIZEN.

121 Days- 09/06/16 Sent EXPEDITE passport application :dancing:

129 Days- 09/14/16 Received Passport :)

I-751 REMOVAL OF CONDITIONS FILED IN THE CALIFORNIA SERVICE CENTER (GC EXPIRATION DATE OF 08/05/15)

00 Days- 05/07/15 Package Sent

01 Days- 05/08/15 Package Delivered

***PRIORITY DATE OF 05/07/15 Even Tho Package Was Delivered On 05/08/15***

19 Days- 05/26/15 Received NOA

40 Days- 06/16/15 Biometrics Done

42 Days- 06/18/15 Stamp On Passport I-551 (evidence of permanent residency for 1 year with expiration date of 06/17/16)

181 Days- 11/04/15 Approved VIA Text Message 8:30 PM Eastern Time!

186 Days- 11/09/15 Approval letter came in from Charleston, SC office!

189 Days- 11/13/15 Greencard Arrived (L)

AOS, I-765, I-130 ADJUSTING THROUGH MARRIAGE (CURRENT IMMIGRATION STATUS: DACA, But came legally with Turist Visa)
00 Days- 05/14/13 Package Sent

01 Days- 05/15/13 Priority Date
08 Days- 05/22/13 Received NOA
14 Days- 05/28/13 Received Biometrics Letter For 06/12/13
16 Days- 05/30/13 Biometrics Walk-in:

36 Days- 06/19/13 Interview & Scheduling

49 Days- 07/02/13 USCIS Online Notification (interview Scheduled For 08/05/13)

63 Days- 07/16/13 EAD APPROVED good.gif

71 Days- 07/24/13 EAD Received

84 Days- 08/05/13 INTERVIEW!!!!!dancin5hr.gif

84 Days- 08/05/13 APPROVED ON THE SPOT BABY!

 

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He won't be adjusting. He would enter on his immigrant visa, if it were approved. 

 

No AoS is happening in this situation. 

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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1 minute ago, HappyBunny said:

 once he enters legally he can adjust. 

No

 

He will enter on an IR1 visa, which then means he is legal, and thus, nothing to adjust. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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