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Green card holder petioning husband

By mrshill in Bringing Family Members of Permanent Residents to America

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mrshill Apprentice

mrshill   0

Posted
Filed: Citizen (apr) Country: Venezuela
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Hello - I petioned my mother, she’s a green card holder now. She does not work she now needs to petioned her husband (not my father). Would the fact that she does not work affect anything? What forms that need to use ? He will be here in the US soon so it would be whatever form pls adjustment of status. Would she do form I-130 plus I-485 together? Thanks. 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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First, he cannot enter on a tourist visa with intent to stay / file for AOS. That is fraud.

Second, the beneficiary of an LPR petitioner cannot just AOS. They must wait until their PD is within the permitted filing period for AOS (https://www.uscis.gov/visabulletininfo). This is currently the Dates For Filing chart, but could change to the Final Action Dates chart in another month.

 

The mother will need to file an I-130 and wait for the PD to become current (ETA: ~2 years). Then NVC processing, then embassy interview, then POE.

 

She must either meet the requirements to support him, or find a joint sponsor (or eligible household member if an I-864A applies). She needs to file an I-874 either way. This won't come into play until the case is at NVC and ready for processing there (in ~2 years).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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mrshill Apprentice

mrshill   0

Posted
Filed: Citizen (apr) Country: Venezuela
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Posted
1 minute ago, ConOfficer said:

Prior answer is correct. If he's Venezuelan there's already a real risk of being turned around at the airport.

 

How old were you when they got married? If you were under 18 you can file for him as your stepfather. 

I was 22 years old so no I cannot file for him. So the suggestion is for her to start the process now from here? Filing I-130 and follow the process just like I did with her? So I-130 at USCIS then it goes to the Nvc then the embassy? Is that how it would go ? Is there another faster legal or proper way? 

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Alabamak1 Proficient

Alabamak1   688

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted
4 minutes ago, ConOfficer said:

Prior answer is correct. If he's Venezuelan there's already a real risk of being turned around at the airport.

 

How old were you when they got married? If you were under 18 you can file for him as your stepfather. 

The only venezuelan affected by the ban are certain politician, not the general public or Venezuelan citizens

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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ConOfficer Explorer

ConOfficer   167

Posted
Filed: Country:
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Just now, Alabamak1 said:

The only venezuelan affected by the ban are certain politician, not the general public or Venezuelan citizens

CBP turns around a lot of Venezuelan visa holders at the airports because of the economic situation there (lots of people working in the U.S. or just biding their time in Miami).

 

I wasn't referring to the limited travel ban. 

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mrshill Apprentice

mrshill   0

Posted
Filed: Citizen (apr) Country: Venezuela
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  • Author
Posted
2 minutes ago, ConOfficer said:

CBP turns around a lot of Venezuelan visa holders at the airports because of the economic situation there (lots of people working in the U.S. or just biding their time in Miami).

 

I wasn't referring to the limited travel ban. 

I knew what you meant. I’m not worried about that at all. This is an older gentleman who has visited with my mom several times in the past, we are trying to do every thing the right way not rushing anything or trying to commit any type of immigration fraud. Just looking for directions on how to do this the right way since my mom is already here and they obviously miss each other. 

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mrshill Apprentice

mrshill   0

Posted
Filed: Citizen (apr) Country: Venezuela
 Timeline
  • Author
Posted
38 minutes ago, geowrian said:

First, he cannot enter on a tourist visa with intent to stay / file for AOS. That is fraud.

Second, the beneficiary of an LPR petitioner cannot just AOS. They must wait until their PD is within the permitted filing period for AOS (https://www.uscis.gov/visabulletininfo). This is currently the Dates For Filing chart, but could change to the Final Action Dates chart in another month.

 

The mother will need to file an I-130 and wait for the PD to become current (ETA: ~2 years). Then NVC processing, then embassy interview, then POE.

 

She must either meet the requirements to support him, or find a joint sponsor (or eligible household member if an I-864A applies). She needs to file an I-874 either way. This won't come into play until the case is at NVC and ready for processing there (in ~2 years).

Thank you for your input. Just starting to research these and I was under the impression he could do that but I guess not. Thank you. 

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