Jump to content
Sign in to follow this  
mhaye

worried on aos

29 posts in this topic

Recommended Posts

Filed: Timeline

good day vjers! i'm new here, actually just signed up minutes ago.. i read lots of posts that find me helpful on my case.but still need a little help.;(

i got married this month,feb 2011, with a u.s. citizen,he is also 24 yrs of age.. i'm an out-of-status visitor. it expired last july 2010. i have all the necessary docs for the aos but will apply aos next month coz i'm afraid uscis will think i'm in a hurry to file if i file right away.. and might deny my application.. My husband just graduated college last 2009, and got his first and current job last jan 2010. I'm afraid uscis will deny my adjustment of status coz we both are young and uscis might think my husband couldn't support me coz he's young and he has only one tax return to be submitted, year 2010. Would that be a problem? Please advice.

and one thing, i have an unpaid loan in my home country, would that be a problem on my aos? please help. coz i'm really scared my unpaid loan would affect my aos..;(.. would that also affect my biometric result? ;( thanks.


north carolina

march 9, 2011 - sent aos package to chicago lockbox

march 10, 2011-received by chicago lockbox

march 14, 2011- noa 1 date( I-765, I-131, I-485, I-130)

march 18, 2011- noa for biometrics appointment for april 8, 2011

april 8, 2011- biometric appointment

april 21, 2011- received interview letter. date may 23.

april 27, 2011- online status- card/document production :) :) :)

may 5, 2011- received employment authorization card! :)

may6, 2011- applied for ssn

may 12, 2011- ss card received in mail

may 23, 2011- interview -APPROVED! / card production

may 31, 2011- greencard received

Share this post


Link to post
Share on other sites

I am the USC and I am 23, so don't worry about being too young. You can file now for AOS, it has been a long time since you arrived (hopefully not by visa waiver). Current income is most important but you can get a cosponsor if you like. The unpaid loan shouldn't be a problem.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: Colombia
Timeline

the loans are not a problem, your age is ok your over the age limit, they are looking for the most recent taxes, or job , paystubs you have to show you have the proverty guide lines, if you don't. then look for a co sponsor,

Share this post


Link to post
Share on other sites
Filed: Other Timeline

Nobody can give you any meaningful advice before you tell us if you entered the US with a visa (if so, with which one?) or without one as part of the Visa Waiver program.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

I am the USC and I am 23, so don't worry about being too young. You can file now for AOS, it has been a long time since you arrived (hopefully not by visa waiver). Current income is most important but you can get a cosponsor if you like. The unpaid loan shouldn't be a problem.

Why not by visa waiver?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

Why not by visa waiver?

Waiver of Rights

Aliens entering the United States under the VWP must waive any right otherwise provided in the Immigration and Nationality Act:

To administrative review or appeal of an immigration officer's determination as to their admissibility; and

To contest any action for deportation;

other than on the basis of an application for asylum in the United States as provided in INA §208.

Limitation on Period of Stay, Changes of Status, and Adjustment of Status

A person admitted under the VWP cannot be authorized to remain in the United States longer than 90 days, except that, in emergency situations the District INS Director may permit satisfactory departure within another thirty days without a violation of status. VWP aliens may not change nonimmigrant status within the United States under INS §248 and may not adjust status to permanent residence within the United States under INA §245, unless they are the immediate relative of a U.S. citizen, or pay the penalty fee pursuant to the provisions of INA §245(i) [Note: INA §245(i) has expired but some grandfathered aliens may still be entitled to use it].

Read this too: http://www.visajourney.com/forums/topic/256244-adjustment-of-status-from-visa-waiver-program-marriage-based/


http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

Share this post


Link to post
Share on other sites
Filed: Timeline

I am also out of status for a long time, my husband and I got married in 2008 and he is a USC, I advice if you are married in good faith you have nothing to worry as all the question they will ask, you probably know the answer, my husband just also started working in Jan. and cannot show any Tax forms, we ask his employer a letter stating how much he makes and an estimated annual salary and when he was hired, it has to be on a company letter head, you will also need a joint sponsor. I suggest start gathering all the paper works you need as this may take sometime, Best wishes to you and your husband.


Our AOS Journey

March 4, 2011 Mailed 1-130 and AOS at the Chicago Lockbox thru USPS express mail

March 07, 2011, 9:44 am Delivered at Chicago Lockbox

March 25, 2011 NOA hard copy received

April 1, 2011 got an RFE for sponsors tax returns

April 15, 2011 biometrics appointment

May 12, 2011 rfe sent via usps priority mail

May 16, 2011 rfe recieved at lees summit

May 19, 2011 text/email notification rfe being reviewed

May 20,2011 I-485 touched/updated

May 27, 2011 Email/txt EAD Card Production

June 1, 2011 Email/txt notification for AOS Interview

June 3, 2011 Email notification EAD Card was mailed

June 7, 2011 EAD Card Received

July 6, 2011 AOS Interview *APPROVED*

Share this post


Link to post
Share on other sites

Why not by visa waiver?

Because they have been here several months after their stay expired meaning that if they applied for AOS based on a VWP entrance they would be denied without the right of appeal and sent right back home with a ban and no longer able to use VWP ever again.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Share this post


Link to post
Share on other sites

ok, does anybody know alot more about this? i read a little and I am still confused.

I filed a while ago, back in december, and my case seems to be held up. This may be the reason.

I arrived about 10 years ago as a child, on the VWP. went to school and etc. recently got married, and began the AOS process. Does this mean my application will be denied and i will be deportable?

Share this post


Link to post
Share on other sites

ok, does anybody know alot more about this? i read a little and I am still confused.

I filed a while ago, back in december, and my case seems to be held up. This may be the reason.

I arrived about 10 years ago as a child, on the VWP. went to school and etc. recently got married, and began the AOS process. Does this mean my application will be denied and i will be deportable?

Depending on where you are in the US, you may or may not encounter problems.

Before everyone get's you all riled up where are you in the US?


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Share this post


Link to post
Share on other sites

Texas - 5th circuit court.

Thanks.

Generally speaking the 5th circuit is one of the circuits that currently hold that any one that overstays on the Visa Waiver Program does not have the right to have their application adjusted.

We talked about it here in this thread Which States Are Denying.

There are several states that are denying VWP adjustment, others that are adjusting at this time(As far as we know) and others that are placing them on hold.

At this point there is not a lot you can do as the application has been filed.

I can only speculate at this point and say that perhaps there is a small possibility that your case is on hold which is why you have not had a straight denial yet. They may not know how to proceed with your case at the district office so rather than proceed with biometrics etc, it is just on hold at the stage that it is at. It may be that they are backed up (As you mentioned in your other thread) and they may not have gotten to you yet. Have you tried making an infopass appointment to see what is going on?

At this point no news is good news for you. You will have time to think about what you will do if you do have to leave the US as in your district there is no appealing a denial.

It is a possibility for all of us who overstayed on the VWP and are filing to adjust status.

Maybe others in the district that you are in will pipe in with information about what exactly is going on there in Dallas.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Share this post


Link to post
Share on other sites

Thanks.

Generally speaking the 5th circuit is one of the circuits that currently hold that any one that overstays on the Visa Waiver Program does not have the right to have their application adjusted.

We talked about it here in this thread Which States Are Denying.

There are several states that are denying VWP adjustment, others that are adjusting at this time(As far as we know) and others that are placing them on hold.

At this point there is not a lot you can do as the application has been filed.

I can only speculate at this point and say that perhaps there is a small possibility that your case is on hold which is why you have not had a straight denial yet. They may not know how to proceed with your case at the district office so rather than proceed with biometrics etc, it is just on hold at the stage that it is at. It may be that they are backed up (As you mentioned in your other thread) and they may not have gotten to you yet. Have you tried making an infopass appointment to see what is going on?

At this point no news is good news for you. You will have time to think about what you will do if you do have to leave the US as in your district there is no appealing a denial.

It is a possibility for all of us who overstayed on the VWP and are filing to adjust status.

Maybe others in the district that you are in will pipe in with information about what exactly is going on there in Dallas.

wow, thanks for your responses. I just completed my biometrics. Do you believe I will be able to receive an EAD to work atleast?

Share this post


Link to post
Share on other sites

wow, thanks for your responses. I just completed my biometrics. Do you believe I will be able to receive an EAD to work atleast?

I haven't heard of anyone who was denied or had their application held pending not being able to get the EAD. The problem was after interview where they were denied adjustment for overstaying the VWP or their application is currently pending adjustment.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Share this post


Link to post
Share on other sites

I haven't heard of anyone who was denied or had their application held pending not being able to get the EAD. The problem was after interview where they were denied adjustment for overstaying the VWP or their application is currently pending adjustment.

know of any deportation orders?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...