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June 29

Hello! I have a few questions and desperately need help. Plz take a min to read and maybe u can help...

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Filed: Other Country: Turkmenistan
Timeline

I want to apologize if I am doing this wrong. I tried to start a forum but I couldn't. So, I am posting my message here.

I am married to the US citizen. We are currently almost done preparing the I-130 and I-485 with all the required documents and I have just a few questions. If anyone could plz answer I will really appreciate it.

1. I have worked illegally in the past using a social security card that was given to me previously on J-1 work and travel program. I know I have to put that on my application. My question: Is there a waiver for my stupidity of working illegally? If yes, where can I find it? Is there a fee?

2. I used to be a J-1 student when I did an exchange program. It had the 2 year rule (the one that says that u have to go back home for 2 years.) Well, I went back home for a year and them went to college in Bulgaria. My residence was still back home. Does that mean I can count the years in Bulgaria towards the years of "being back home"?

3. My passport expires at the end of this year. Does it in any way matter to USCIS? There is no way I can go home and get a new one...

4. When all the forms and documents are ready, what is the best way of putting them all together? I read about people putting a cover letter and putting the pictures in plastic bags, etc. I just need some guidance 'cause seeing that stack of papers makes me lose my mind. And I am bad at organizing papers

Thank you all very much in advance! Please don't hesitate to answer even if you only know an answer to one of the above questions.

Sincerely,

June 29

Edited by Kathryn41
to remove personal information

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Filed: Citizen (apr) Country: Ireland
Timeline

**** Moving from Introducing Members to AOS From Student, Work etc visa for better answers ****


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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Filed: AOS (apr) Country: Canada
Timeline

Here's the guide for filing concurrently:

http://www.visajourney.com/content/i130guide2

I can't answer most of your questions, but others here will, I'm sure. I just want to strongly recommend that if that's your real name, you take it out. Or if you can't edit, request a mod to do it. It's never a good idea to put your real name in a public forum, and especially not while admitting to doing something wrong.


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Other Country: Turkmenistan
Timeline

Here's the guide for filing concurrently:

http://www.visajourney.com/content/i130guide2

I can't answer most of your questions, but others here will, I'm sure. I just want to strongly recommend that if that's your real name, you take it out. Or if you can't edit, request a mod to do it. It's never a good idea to put your real name in a public forum, and especially not while admitting to doing something wrong.

Thank you! I will do that right away!

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Filed: AOS (apr) Country: Canada
Timeline

Saturday nights are a little slow here, but no worries, someone will come here who has more knowledge on this subject than I do.

I know one thing that matters is if you claimed to be a US citizen to get your job. Do you remember filling out any forms where you would have said you were a citizen?


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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For the 2 Year Home Residency Requirement, my understanding is that you have to be physically in your home country for 2 years before that requirement is fulfilled. If you have the 2yearHRR, you will most likely get an RFE requesting for proof of exact dates when you were in your home country to show that you have in fact been there for 2 years since finishing your exchange program. If you have not, then you would have to try to get a waiver for the requirement before you are eligible for AOS.


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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Filed: AOS (apr) Country: Denmark
Timeline

As far as I know, both overstay and working illegally is forgiven being a spouse of a US citizen however there are too many if's in the question for it to have only yes/no replies. Someone might correct me if I'm wrong.

Doesn't matter if your passport expires. But probably would be a good idea to renew it/get a new one. Just scan your current one in case they take the old one, and if you need the info from the old one. They stamp your passport at your interview.

Try searching in the Visa Journey search field for home residency requirement, or a combination of keywords while you wait for some replies.

Good luck on your journey. :)


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Filed: Other Country: Turkmenistan
Timeline

Saturday nights are a little slow here, but no worries, someone will come here who has more knowledge on this subject than I do.

I know one thing that matters is if you claimed to be a US citizen to get your job. Do you remember filling out any forms where you would have said you were a citizen?

No, I never did. I just showed my social security card and they assumed that I could legally work. Thank u so much for helping me out.

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Filed: Other Country: Turkmenistan
Timeline

As far as I know, both overstay and working illegally is forgiven being a spouse of a US citizen however there are too many if's in the question for it to have only yes/no replies. Someone might correct me if I'm wrong.

Doesn't matter if your passport expires. But probably would be a good idea to renew it/get a new one. Just scan your current one in case they take the old one, and if you need the info from the old one. They stamp your passport at your interview.

Try searching in the Visa Journey search field for home residency requirement, or a combination of keywords while you wait for some replies.

Good luck on your journey. :)

Yes, I heard that they forgive you working illegally as long as you didn't forge any documents or didn't claim to be a citizen. What I don't understand is whether there is a waiver available and if I need to submit it with the I-130 and I-485..

I can't get a new passport cause I overstayed my visa and I was advised not to go back to my country even if I get the advanced parole.

Thank you very much for posting your comment!

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Filed: AOS (apr) Country: Denmark
Timeline

Your waiver is your spouse, so to speak. You don't need to submit something extra. Just make sure to put your employment history on the G325A. In that case you haven't misrepresented yourself by not including the information.

Your embassy/consulate told you that you can't get a new passport because of your situation?

They're absolutely right about staying in the US while AOS is pending, even with AP in hand. It's up to the individual CBP officer to let you back into the US, and since you overstayed it's better to play it safe for now.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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The biggest concern I have is what did they put on your I-9 where you were working - did they check the "A citizen of the United States" box? If so, you may need to get a lawyer.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Timeline

I want to apologize if I am doing this wrong. I tried to start a forum but I couldn't. So, I am posting my message here.

I am married to the US citizen. We are currently almost done preparing the I-130 and I-485 with all the required documents and I have just a few questions. If anyone could plz answer I will really appreciate it.

1. I have worked illegally in the past using a social security card that was given to me previously on J-1 work and travel program. I know I have to put that on my application. My question: Is there a waiver for my stupidity of working illegally? If yes, where can I find it? Is there a fee?

2. I used to be a J-1 student when I did an exchange program. It had the 2 year rule (the one that says that u have to go back home for 2 years.) Well, I went back home for a year and them went to college in Bulgaria. My residence was still back home. Does that mean I can count the years in Bulgaria towards the years of "being back home"?

3. My passport expires at the end of this year. Does it in any way matter to USCIS? There is no way I can go home and get a new one...

4. When all the forms and documents are ready, what is the best way of putting them all together? I read about people putting a cover letter and putting the pictures in plastic bags, etc. I just need some guidance 'cause seeing that stack of papers makes me lose my mind. And I am bad at organizing papers

Thank you all very much in advance! Please don't hesitate to answer even if you only know an answer to one of the above questions.

Sincerely,

June 29

Answers:

1. Illegal work is not a problem for spouses of U.S. citizens, provided you never claimed to be a U.S. citizen fraudulently.

2. No, the home residence requirement is a requirement to be physically residing in your home country. You will need a waiver for this before you apply for adjustment of status.

3. No, you don't need an unexpired passport. But you should be able to get a renewal in the U.S. by applying to your country's consulate.

Edited by Kathryn41
to remove personal information from quote

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Filed: Country: Poland
Timeline

I want to apologize if I am doing this wrong. I tried to start a forum but I couldn't. So, I am posting my message here.

I am married to the US citizen. We are currently almost done preparing the I-130 and I-485 with all the required documents and I have just a few questions. If anyone could plz answer I will really appreciate it.

Congratulations on your marriage!

1. I have worked illegally in the past using a social security card that was given to me previously on J-1 work and travel program. I know I have to put that on my application. My question: Is there a waiver for my stupidity of working illegally? If yes, where can I find it? Is there a fee?

There is no waiver. Unauthorized employment is forgiven if you're adjusting as a spouse of a US citizen. It's a non-issue for you. As long, of course, as you have not misrepresented yourself as a US citizen at any time. I would double check your I-9's you filled out with all your employers.

2. I used to be a J-1 student when I did an exchange program. It had the 2 year rule (the one that says that u have to go back home for 2 years.) Well, I went back home for a year and them went to college in Bulgaria. My residence was still back home. Does that mean I can count the years in Bulgaria towards the years of "being back home"?

This _might_ be an issue. What you should do is contact the nearest embassy/consulate of Turkmenistan (here's the link to the embassy with a phone number: http://www.turkmenistanembassy.org/) and ask about a "No objection" letter. Tell them about your situation and that you're a subject to the 2 year foreign residency requirement. It is a common issue so they should know what you are talking about and help accordingly.

3. My passport expires at the end of this year. Does it in any way matter to USCIS? There is no way I can go home and get a new one...

I can't answer if it matters or not, more experienced members might say a word or two. I know for sure you should be able to obtain a passport while you are in the U.S. You need to contact your embassy and/or consulate in the U.S. to apply for a new passport.

4. When all the forms and documents are ready, what is the best way of putting them all together? I read about people putting a cover letter and putting the pictures in plastic bags, etc. I just need some guidance 'cause seeing that stack of papers makes me lose my mind. And I am bad at organizing papers

I will speak from my personal experience. When I was filing my I-129F, I used:

- plastic sleeves

- binder tabs

- prong paper fasteners to clip the whole file together (these ones: http://www.officedep...aper-Fasteners/)

- paper clips

- adhesive labels

I divided the whole file into sections:

- check, cover letter, I-129F with supplement, G-1145

- G-325A, photographs

- Proof of citizenship (passport copy)

- Letters of intent

- Proof of meeting

Each section was preceeded by a binder tab describing it, put separately into a plastic sleeve with a paper clip holding all the papers together. Everything was put together using a pair of paper fasteners. Any pictures I attached were put separately in zip lock bags with adhesive labels, clipped with two paper clips to a blank piece of paper.

You are also more than welcome to read the I-130/I-485 guide: http://www.visajourn...tent/i130guide2

Cheers!

Edited by Kathryn41
to remove personal information from quote

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Filed: Other Country: Brazil
Timeline

If you are subject to the two-year rule then you cannot petition for an Adjustment of Status if you have not yet met the Foreign Residency Requirement. You need an waiver to overcome the requirement ok.

http://travel.state.gov/visa/temp/info/info_1296.html

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