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Glorya

Marriage based AOS and few important questions

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

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Glorya Contributor

Glorya   0

Posted
Filed: Lift. Cond. (pnd) Country: Croatia
 Timeline
Posted

Hi everybody,

I have few concerns and I hope you can help chase my worries away.

My husband (USC) petitioned for my (marriage based) AOS in June 2006. I am assuming we will get interview invitation soon so I have few questions for people with more experience. Our marriage is bona-fide, we live together since we got married (I was au-pair prior to that and I lived with the family I worked for). We got married in DEC 05. My visa was valid till March 2006 and we took our time to prepare the whole application properly so I overstayed my visa for about 2 months before we sent the papers in. Do u think immigration officer might make an issue because of that? My other, far more important concern is the fact that I've been working without a work permit for the past 5 months. I have been paying my taxes. I know it wasn't the smart thing to do but because of unwanted and unexpected circumstaces, we were in a bad financial position and I had no choice but to start working. Also, my income was included in our Affidavit of Support as household's member income. Do you think they could refuse that income due to the fact that I was working without a permit. We haven't received any RFE's. Did anyone of you experienced the same issues? We are debating whether to come forward with the whole story and explain everything or just to keep it low and think of some excuse? Please advise. Thanks a lot.

J-1 (with 212e requirement), Croatian

Advisory opinion: 07/05; Not subject letter: 11/05

I-130, I-485, I-131 and I-765 (with FEE WAIVER REQUEST) sent to Chicago: 05/25/06

RD: 05/26/06; Fee waiver approved/date unknown

ND: 06/07/06

Noa in mail: 06/08/06

NOA biometrics in mail: 06/15/06

Biometrics: 06/22/06

LUD for all: 06/24/06

I-485 RFE: 08/01/06 (Supplement A to I-693 and employer's letter)

RFE sent 10/12/06

RFE received 10/19/06

I-485 touched 10/20/2006

I-485 touched 10/24/2006

Still no EAD or AP :((

EAD touched 11/7/2006

Interview letter received 11/7/2006

Interview scheduled for 12/18/2006 in Chicago at 8:30 AM (2nd Floor)

EAD approved 11/9/2006

EAD received 11/17/2006 YAY :))))

AP finally touched 11/17/2006 & 11/20/2006 & 11/21/2006 :)

AP received 11/17/2006 lol

12/18/2006 INTERVIEW-ADJUSTMENT OF STATUS APPROVED :)))

12/30/2006 GREEN CARD RECEIVED-BEST XMAS GIFT EVER :)))

01/12/2007 GOING HOME FINALLY

Chicago: I-751 received on 11/24/2008

12/17/2008 biometrics appointment

3/12/2009 interview appointment

Supposedly approved, waiting to receive green card

Green Card Received 4/3/2009-Online status never changed-Still showing as if my file is still processing

Chicago: N-400 received on 12/09/2009-Hoping to have an easy ride :)

01/11/2010-Biometrics

03/31/2010-Interview-recommended for citizenship

4/12/2010-Oath in Chicago (MISSED)

6/7/2010-Repeat Oath Letter

6/22/2010-Oath taken at 1:08p in Chicago

6/22/2010-Applied for US Passport at approximately 4p; ALMOST DONE THANKFULLY :)...

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

Most unauthorised work and overstays are forgiven at interview if you are married to a USC.... but saying that did you apply for EAD with your AOS??? if it was me I would stop work until I had the EAD and make sure you do not tell any lies at the interview....

Good Luck

Kezzie

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shirlJ831 Collaborator

shirlJ831   0

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

kezzie is right the wghole work thing is NOT good ! as for the overstay who knows I always tell people (from my own experience) it really matters WHO you get for the interview. Hope it goes ok

May God's Grace be all you will ever need ticker.png

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ian12312 Explorer

ian12312   0

Posted
Filed: Lift. Cond. (pnd) Country: England
 Timeline
Posted

I have never seen anyone have an issue with working. I myself worked for 3 weeks between my 90 days and getting my EAD and I was never even asked about it. I know it was a shorter period of time but I would say that you shouldnt spend between not and your interview going crazy about it.

And for those who get very animiated about people working with out an EAD I am NOT condoning it or recomending it. It is something I chose to do and a risk a chose to take. For me it worked. Others have the right to make the same choice.

Ian & Kristen

UK / U.S.A.

01/OCT/05 - I-129F sent to Vermont Service Centre

12/OCT/05 - NOA1 received

26/OCT/05 - NOA2, application approved

02/NOV/05 - Case now at London Embassy

25/NOV/05 - Packet 3 received

08/DEC/05 - Medical

21/DEC/05 - Packet 3 sent back

03/JAN/06 - Packet 4 received

09/JAN/06 - Interview day (approved)

11/FEB/06 - Fly to USA

14/FEB/06 - Get married

AOS/EAD/AP

10/MAR/06 - AOS, EAD, AP sent

12/MAR/06 - AOS, EAD, AP received

17/MAR/06 - Checks cashed for AOS, EAD and AP

18/MAR/06 - NOA received for AOS, EAD and AP. Receipt dated 15/MAR/06

05/APR/06 - Biometrics appointment

08/APR/06 - EAD and AOS touched

27/APR/06 - EAD and AP touched

29/APR/06 - EAD and AP touched

25/MAY/06 - AP approved and EAD touched

26/MAY/06 - AP touched

28/MAY/06 - AP received

30/MAY/06 - EAD approved & AOS interview schedule for 11/JULY/06

11/JULY/06 - AOS interview scheduled - Approved!!

Removal of Conditions

Jun/08 - Preparing evidence

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Glorya Contributor

Glorya   0

Posted
Filed: Lift. Cond. (pnd) Country: Croatia
 Timeline
  • Author
Posted

Thank you Ian.

I won't worry. I'll just say the truth and stay positive :D

J-1 (with 212e requirement), Croatian

Advisory opinion: 07/05; Not subject letter: 11/05

I-130, I-485, I-131 and I-765 (with FEE WAIVER REQUEST) sent to Chicago: 05/25/06

RD: 05/26/06; Fee waiver approved/date unknown

ND: 06/07/06

Noa in mail: 06/08/06

NOA biometrics in mail: 06/15/06

Biometrics: 06/22/06

LUD for all: 06/24/06

I-485 RFE: 08/01/06 (Supplement A to I-693 and employer's letter)

RFE sent 10/12/06

RFE received 10/19/06

I-485 touched 10/20/2006

I-485 touched 10/24/2006

Still no EAD or AP :((

EAD touched 11/7/2006

Interview letter received 11/7/2006

Interview scheduled for 12/18/2006 in Chicago at 8:30 AM (2nd Floor)

EAD approved 11/9/2006

EAD received 11/17/2006 YAY :))))

AP finally touched 11/17/2006 & 11/20/2006 & 11/21/2006 :)

AP received 11/17/2006 lol

12/18/2006 INTERVIEW-ADJUSTMENT OF STATUS APPROVED :)))

12/30/2006 GREEN CARD RECEIVED-BEST XMAS GIFT EVER :)))

01/12/2007 GOING HOME FINALLY

Chicago: I-751 received on 11/24/2008

12/17/2008 biometrics appointment

3/12/2009 interview appointment

Supposedly approved, waiting to receive green card

Green Card Received 4/3/2009-Online status never changed-Still showing as if my file is still processing

Chicago: N-400 received on 12/09/2009-Hoping to have an easy ride :)

01/11/2010-Biometrics

03/31/2010-Interview-recommended for citizenship

4/12/2010-Oath in Chicago (MISSED)

6/7/2010-Repeat Oath Letter

6/22/2010-Oath taken at 1:08p in Chicago

6/22/2010-Applied for US Passport at approximately 4p; ALMOST DONE THANKFULLY :)...

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