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assembling I-485 package.

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Filed: Other Country: Mexico

Hi, I am filling all the forms to apply for AOS and have some questions.

we got married in the US in december 2010, I had to go back to Mexico in January 2011, got a new visa b1/b2 and come back in july 2011, my I-94 expired jan 2012.

we sent the form I-130 in september 2011 and got a notice of aproval on march 2012.

Now I am filling I-485 and have the following questions:

- current USCIS status?

- expires on? (next to USCIS status, is the expiration date of the I-94?)

- In part 2 i dont know which case should I choose, because I didnt entry as a K-1 fiance!

- I dont know if I should file the I-485 supplement A and pay the fee, and the I-601.

Thank you for your help, this site is being a huge help for us!

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Filed: Citizen (pnd) Country: Mexico

I take it you are still in the US overstaying your visa?. Well... what you have been doing is illegal. It is illegal to enter the US with intentions to marry AND it is illegal to enter the US on a tourist visa with intention to stay here.

Also, I don't really understand why you applied for I-130. Are you going back to Juarez for the interview??

After you got married in Dec 2010 You should have applied for both I-130 AND AOS (that if u had NO intentions to marry when entering the US). Hopefully you won't have any problems AOSing. Good luck!

K1 visa
Filed I-129: Dec 3rd 2010
Interview: July 6th 2011 APPROVED!

Filed: Oct 4th 2011
AOS Interview: Feb 7th 2012 - RFE sad.png
AOS Approved: Feb 9th - without sending RFE
Green Card received: Feb 17th smile.png


Filed: Nov 13th 2013

Approved: March 13th 2014

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Filed: Other Country: Mexico

Thank you for your reply, I applied for the I-130 because that's the process a lawyer recomended, and I don't have to go to Juarez because I am already in the USA.

we can demostrate I didn't come to USA with intentions of staying in july that's not a problem.

Can someone help me please? :)

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Filed: Citizen (apr) Country: Ireland

**** Moving from AOS from Family visa to AOS from Tourist visa as that is how OP entered the USA *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Why did you not file the I-485 with the I-130 in September..?

Your current status is the status you last entered with - so, based on your post, B2 tourist. Expiration of status is/was the expiration of your I-94.

Part 2 is A. It's always good to post the actual question you don't know the answer to (from the form), so that people don't have to go and download the form to see what "part 2" of I-485 is to be able to answer you.

Regarding I-601 and supplement A, it's unlikely you would have to file for them based on the information you've given here. If you read the instructions for those forms, the very first paragraph tells you who needs to file those forms.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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