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Small Muffins

requirements for adjustment of status

By Small Muffins in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Small Muffins Rookie

Small Muffins   0

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Hello everyone! I have a quick query. My friend is currently processing her adjustment of status. She is in US already and came here under B1 Visa. She married her BF USC and now processing the petition. The lawyer she hired ask her a copy of NBI Records (philippines), i thought it was strange coz she is here already and came here under B1 Visa, she overstayed for a year before she married her BF...is there anyone here like her case who still required to get an NBI clearance (philippines)...

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Old Dominion Proficient

Old Dominion   26

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Because she stayed here illegally, the USCIS must follow the procedures used as if she were the beneficiary of a K visa (filing the I-130) as part of the AOS process. The police record must be provided.

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JERIII Enthusiast

JERIII   8

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Because she stayed here illegally, the USCIS must follow the procedures used as if she were the beneficiary of a K visa (filing the I-130) as part of the AOS process. The police record must be provided.

Why exactly is that? The I-130/I-485 package does not require a police record. It can be required for the I129F, but that is not required if filing for a spouse in the US. The processes are not the same.

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Small Muffins Rookie

Small Muffins   0

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Because she stayed here illegally, the USCIS must follow the procedures used as if she were the beneficiary of a K visa (filing the I-130) as part of the AOS process. The police record must be provided.

Why exactly is that? The I-130/I-485 package does not require a police record. It can be required for the I129F, but that is not required if filing for a spouse in the US. The processes are not the same.

thats what i thought of, the processing of petition in US is different from outside US.

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wifey246 Enthusiast

wifey246   0

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Filed: Citizen (pnd) Country: Philippines
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Hello everyone! I have a quick query. My friend is currently processing her adjustment of status. She is in US already and came here under B1 Visa. She married her BF USC and now processing the petition. The lawyer she hired ask her a copy of NBI Records (philippines), i thought it was strange coz she is here already and came here under B1 Visa, she overstayed for a year before she married her BF...is there anyone here like her case who still required to get an NBI clearance (philippines)...

There's no need for an NBI clearance. Your friend may want to reconsider hiring that lawyer. If her only concern is her overstay, there's no reason to worry. USCIS have provisions for spouses of USC who has overstayed B1 visas. If she can prove that the marriage is bona fide, her illegal stay is "forgiven".

I also adjusted from a 2-year overstay. I didn't hire a lawyer. But I did a lot of research. Everything has been going smoothly so far.

Edited by wifey246

DO: LOS ANGELES

04/24/09 - mailed N400

04/27/09 - N400 received

04/30/09 - NOA1 date

05/04/09 - NOA1 received

05/04/09 - check cashed

05/05/09 - touched

05/13/09 - walk-in biometrics

05/22/09 - biometrics schedule

06/02/09 - interview notice date

06/08/09 - received interview notice

07/30/09 - interview - PASSED :P

08/28/09 - Oath Ceremony

08/29/09 - Passport application

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