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ShellzF

USC son wants to AOS mom

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Hey there,

My husband is a USC an active duty military. He petitioned for me to AOS after I had fallen out of status from F1 visa and we were given a conditional GC a week ago. Now here is the thing. He is also applying for his mom. I sent in my entire package together. His mom sent her's in piece by piece. We were wondering since they already approved me will they approve his mom? Also, we live in KY and she has been in NY for over 10 years - she over stayed her visa. I filed everything here in KY and she did everything in NY (dont even want to get into that). We called USCIS and they said she had not heard back on her petition because she filed in Feb of this yr and they are processing Nov of last yr right now. Will my husband have to go with her for an interview? Will I have to? What should we expect?

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Hey there,

My husband is a USC an active duty military. He petitioned for me to AOS after I had fallen out of status from F1 visa and we were given a conditional GC a week ago. Now here is the thing. He is also applying for his mom. I sent in my entire package together. His mom sent her's in piece by piece. We were wondering since they already approved me will they approve his mom? Also, we live in KY and she has been in NY for over 10 years - she over stayed her visa. I filed everything here in KY and she did everything in NY (dont even want to get into that). We called USCIS and they said she had not heard back on her petition because she filed in Feb of this yr and they are processing Nov of last yr right now. Will my husband have to go with her for an interview? Will I have to? What should we expect?

she could have sent the whole AOS just like you, overstay is forgiven. your husband can petition for as many immediate family members as he wants. If he had 10 siblings he can file for all of them, as long as he meets the affidavit of support criteria.

Because she lives in a different state, most likely he doesn't have to be there. and you definitly don't have to be there, the petition doesn't have anything to do with you.

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"Piece by piece" is very vague. If she is doing I-130 and then following instructions, she could be on the path for consular processing. This would require her to leave the country and incur a ban for reentering. What she wants to do instead, is what you did. She can change her path to what you did, but you'd need to be specific about which forms she has sent in and where she is in the process to be able to help. The bottom line is she would need to send a I-485 with her NOA1 from the I-130, and get all of the related forms.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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What I meant by piece by piece is first she sent in the G325A and the I130 in the correct order. Then she waited for them to request more information and she sent it. Then she got weary and finally sent in the remaining documents at which point she got her final NOA in Feb. So by Feb they had received all her documents. So now she is just waiting for a response.

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That isn't enough information for me to help, sorry. What is a final NOA? If she did not send in a I-485 then she is on a path for consular processing (in her home country), which is not what she wants to do.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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