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youthful Newbie

youthful   0

Posted
Filed: Timeline
Posted

Here are the facts:

1) Recently got married to hubby here in the US.

2) Hubby EWI once from Mexico at young age and never left or tried to recross.

3) Hubby left to Mexico before reaching age 18 1/2 years old (read something about how illegal presence doesn't start accruing until six months after turning 18)

Questions:

1) Will his EWI prevent him from getting a visa at the interview?

2) What problems do you VJ members think we will encounter?

Thanks! Any other comments will be appreciated.

sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted (edited)

Have you filed for AOS within the US? Or a CR-1 from Mexico?

As a result of his EWI, he doesn't qualify for AOS because you must have an original visa to AOS from. So he will be denied at the interview.

From what I understand, deportation proceedings will then be started against him. You can apply for a CR-1 providing he can overcome a ban by filing a waiver.

If you don't have one, get a lawyer immediately.

When's your interview?

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

youthful Newbie

youthful   0

Posted
Filed: Timeline
  • Author
Posted
Have you filed for AOS within the US? Or a CR-1 from Mexico?

As a result of his EWI, he doesn't qualify for AOS because you must have an original visa to AOS from. So he will be denied at the interview.

From what I understand, deportation proceedings will then be started against him. You can apply for a CR-1 providing he can overcome a ban by filing a waiver.

If you don't have one, get a lawyer immediately.

When's your interview?

We will not be filing for AOS within the US. We went the CR-1 route and are at NVC so no interview date yet. From what I understand since he didn't stay past 180 days after his 18th birthday and left to Mexico, we won't need to file a waiver? Is this correct or can someone clarify for me?

sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted (edited)

I'm not sure about the 18 years of age issue so I'll let someone else comment here.

PLEASE fill in your time-line.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

The illegal prences begin accumulating at the 18th birthday. Not to say you won't have any issues since we don't know you're full case but the illegal presence should not be an issue

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

youthful Newbie

youthful   0

Posted
Filed: Timeline
  • Author
Posted

I don't really know what to put for a time line but I can tell you all that:

10/90 Hubby born

07/09 Married and filed I130

08/09 Hubby left back to Mexico

11/09 I130 Approved

Currently at NVC waiting for a case complete...

sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

Timeline is in your profile. Click on it and press edit/add.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

 
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