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matrevino

Why are we going to the consulate

By matrevino in Adjustment of Status from Work, Student, & Tourist Visas

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matrevino Newbie

matrevino   0

Posted
Filed: Other Country: Mexico
 Timeline
Posted

OK I am freaking out!

So my story is my wife has a B2 visitors visa and overstayed her i-94 date. We got married and had a baby. I finally submitted paperwork last July and have just been told we have to be at the Embassy/Consulate in Ciudad Juarez on 06/01. My question is why?

Did I not file things correctly, I now know more about AOS and is that the route I should have taken? Does this mean there is a possibility it will be denied? We have now been married for 3 years, and I have all these scenarios running through my head! help!

Penguin_ie Grand Master

Penguin_ie   5,994

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

*** moving from K3- an obsolete visa- to AOS from Tourist visa ****

I woiuld strongly suggest calling USCIS and see if you can re-file as AOS- this may involve withdrawing the current petition and re-filing with new fees. If your wife leaves the country, she will have a ten year ban due to the 3 year overstay.

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.

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Krikit Grand Master

Krikit   1,164

Posted
Filed: Timeline
Posted

Yes, you should have filed for adjustment of status. If you filed for a family-based visa that's why the interview is outside the US. She should NOT leave the country. Cancel the other application and start the AOS, immediately, so she is not in jeopardy of deportation.

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matrevino Newbie

matrevino   0

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

Yes, you should have filed for adjustment of status. If you filed for a family-based visa that's why the interview is outside the US. She should NOT leave the country. Cancel the other application and start the AOS, immediately, so she is not in jeopardy of deportation.

I've been reading the adjustment of status and it says that if she ovestayed for over a year then I am ineligible to fill our an Adjustment of Status. Should I still submit the application?

ceadsearc Proficient

ceadsearc   516

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

Are you a USC? If so, her overstay will be overlooked if you file AOS. She should NOT leave the country. She will receive a ban and need a waiver to return if she does.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Penguin_ie Grand Master

Penguin_ie   5,994

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

I've been reading the adjustment of status and it says that if she ovestayed for over a year then I am ineligible to fill our an Adjustment of Status. Should I still submit the application?

Where did you read that? it is absolutely untrue. The only way she would be inelligible is if she came here illegally- swam across the border sort of thing.

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.

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matrevino Newbie

matrevino   0

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

What exactly did you file? Did you also submit paperwork to the NVC? That is the only way for your case to go to Mexico.

[/quote

that is exactly what happened, I don't know where I went wrong, so I need to file an AOS? is there any other forms that I need to fill out? thank you are y'all have been a great help!

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

Yeah, all of that NVC stuff was most definitely not for you. No offense, but since you seem so confused, and tread for so long down the wrong path, I might suggest a lawyer.

You need to file a I-485 package and get them to send the I-130 back to the states. This may require a special form... I am not sure. You will lose all of your money you paid to the NVC.

Good luck.

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

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

jdh Community Regular

jdh   103

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

Wow, I wish you had come here first and read the very informative guides on this forum.

I have seen a lot of misinformation out there on other supposed immigration help sites and lawyer pages...this is the best site I have found for accurate information.

It sounds like you have a little bit of complicated situation now...hopefully it works out. I would contact USCIS and try to find out if there is any special paperwork you need to file to get your case back here, otherwise you will probably have to start from scratch with the AOS package. Obviously your wife can't leave the country, so following the way that you have it going now is not an option.

If you end up starting over here, please read the guides very carefully and ask questions before doing anything.

Good luck.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

Again thank u, I called ucis and the talked me through the process, ill lose some cash but the problem can be easily resolved. U all were great, thanks

I suggest you make an INFOPASS appointment at your local USCIS office, and ask someone in person. The people you call on the phone are often referred to as the "misinformation" line, so asking them for advice might be shooting yourself in the foot. At the least, you could run it by the people here. What course of action did they suggest to you?

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

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

Inky Grand Master

Inky   1,111

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

They said to file the I485 along with the permit to travel and work, and to notify ncv that I was taking an alternate route and the uscis would be contacting them to get my I 130 back from them.

Forget the travel permit she cannot use it. If she uses it she will not be allowed to re-enter the USA.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

 
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