Jump to content
mizzle

AOS for a dual citizen

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

 Share

8 posts in this topic

Recommended Posts

mizzle Rookie

mizzle   0

Posted
Filed: Other Country: Australia
 Timeline
Posted

I am wondering if anyone can shed some light on my situation.

I am a dual citizen (The Netherlands and Australia) and my husband is an US citizen and an Australian permanent resident. We have a daughter who is an Australian and US citizen. We have been living in Australia for the past few years and are wanting to try living closer to my husbands family now. We are in the USA (I am on a visa waiver) and are going to adjust my status and apply for a green card. Is there anything special I need to do or extra info I need to give being a dual citizen? Thanks.

Ontarkie Grand Master

Ontarkie   14,275

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

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR1/CR1 Process and Procedures - As the OP is already in the US.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

ValerieA Experienced

ValerieA   350

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

Having used visa waiver with the intent to immigrate you may be denied for fraud.

We don't know that's what the OP did, and anyway, as long as they didn't actually lie to the border officer, it is a nonissue.

OP, use this guide: http://www.visajourney.com/content/i130guide2

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

ValerieA Experienced

ValerieA   350

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

The 'intent' to immigrate issue is only raised on the VJ website. On the official gov websites (USCIS) and the US consulates in Australia it never mentions anything about AOS from a visa waiver being fraud.

AOSing from VWP is perfectly legal, or no one would be able to do it. Crossing the border on the VWP while intending to immigrate is illegal, but if they don't refuse you at the border (and you didn't lie to the border guard) then they obviously do not believe there was intent.

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

mizzle Rookie

mizzle   0

Posted
Filed: Other Country: Australia
 Timeline
  • Author
Posted

Thanks for your replies so far! I now have another question...

When I am filling out the I-485 form, at the bottom of part 1 it asks for my USCIS status. What is that?

Also, in section 2 of the same form do I check box A because I am married to a USC and a visa number is immediately available, but I am filing the I-130 concurrently?

And, on the same form, Part 3 asks about my non-immigrant visa number and where it was issued. I came on a visa waiver. How do I answer that?

Thanks so much for your help everyone:)

 
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
 Share
Go to topic listing
- 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...