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Initial interview for AOS concern

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I hope someone might be able to provide some advice for my situation. I just received the initial interview appointment letter for my wife and stepson(8 years old) next month! We got married on April 10th, 2014 two months before their six month tourist visa stay expired. I consulted a lawyer to see what are options were and since I'm a U.S. citizen and she was here on a tourist visa, he suggested filing for AOS instead of the consular process. He was going to charge me close to 8k total. Since i don't have that kind of money, I did research on this forum and decided to do the paperwork myself. I filed for her and my stepson's AOS(I-130, I-485 and for her the I-785)in June 2014 two weeks after their six month stay expired. USCIS sent me confirmation that they received all my documents on June 27th. I never received any notices from them requesting any additional information on the case. My wife has entered the U.S. multiple times with her tourist visa and has received I-94's, but the last time she entered the U.S.(12/09/2013) we drove up from Mexico and at the border, the immigration officer just asked for all our paper work and let us through. We went to visit some of her family in southern California and then I proposed to her and she decided to stay and move to Washington state with me. Are we going to be in trouble at the interview for not being able to provide a I-94 from her last entry? Should I take a lawyer with me to the interview? Thanks for any advice.

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I don't know what happens and the US/ Mexico land border but coming by air I 94 are electronic now and retrieved from the internet, try googling I 94 retrieval and see if it gives you the option to get it.

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thanks for The reply. When I sent in the AOS packet, I printed out here electronic entry log and it didn't include her last entry in December 2013.I believe it doesnt since we told the customs agent we were staying near the border.I have our boarding passes from when we flew from California to Washington. I don't know if that will be enough prove to show she was in the U.S. I've been informed that if you enter the U.S. through the border, the person can assume they are allowed a six month stay. I don't know if that's true though.

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when is your interview?


 

Spoiler

 

AOS:

July 3, 2014: Mailed AOS, EAD & AP forms via USPS

Jan 20, 2015: Interview - approved

Jan 30, 2015: GC received.

 

ROC:

Nov 5, 2016: Mailed I-751 & documents

Dec 9, 2016: Biometrics appointment

 

N400:

Oct 23, 2017: Filed N400 Online (90day window)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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when is your interview?

Interview is set for September 16th

you can retrieve the electronic i 94 and print it out online. google it.

I retrieved the electronic I-94 and it doesn't have her last entry in December, it only has the previous ones.

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It was not stamped and she was not given a paper I-94. The officer only reviewed the documents and waived us through.

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I think you are right to anticipate that this could be a problem. From what you've described, she does sound eligible for adjustment of status, but the lack of documentation of her most recent entry may cause complications and confusion at USCIS. I would suggest consulting a qualified immigration attorney.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Hi

I dont think you need an attorney for this matter. You should contact the CBP (http://www.cbp.gov/contact), at the closest deferred inspection site (usually you will call them) from where you live and explain her situation.

According to their I94 fact sheet, she should have received a paper I-94 http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf

--------------++

Edited by lesthatsri

age.png

Matt, Juki and Janis:

05/01/2013: We met Online

06/04/2013: Matt asked me to be his girlfriend.

12/08/2013: I traveled to the U.S. under a J-1 visa to work in Maine.

12/28/2013: I traveled to Fort Wayne, IN to meet him in person for the first time.

03/17/2014: I returned to Indiana after my work time was over.

04/24/2014: We got married!!!

12/31/2015: Janis, our baby daughter, was born :D

AOS Timeline

Concurrent Filing: I-130 and I-485

06/10/2014 (Day 1) AOS package sent to Chicago Lockbox
06/17/2014 (Day 7) Received notification on text/email that package was received at 11pm.

06/19/2014 (Day 9) Fee checks were cashed.

06/20/2014 (Day 10) I-130 I-485 and EAD NOAs arrived in the mail.

06/24/2014 (Day 14) Biometrics App letter received

07/02/2014 (Day 22) Successful Biometrics Walk-in at Indianapolis ASC

08/05/2014 (Day 59) Interview Letter was mailed from USCIS. App scheduled Sept. 5th.

08/15/2014 (Day 69): Updated address with USCIS

08/18/2014 (Day 72): EAD in production state

08/23/2014 (Day 77): EAD arrived at home

09/05/2014 (Day 90): Interview day at Indianapolis. Recommended for approval afterwards!

09/05/2014 (Day 90) at 5pm: My case status updated - WE ARE APPROVED!!!!

09/09/2014 (Day 94) : GC arrived on the mail :D

I-751 Removal of Conditions

Fee waiver granted

08/19/2016 (Day 1) I-751 and I-912 packages sent to California Service Center.
09/15/2016 (Day 24) Received NOA with Fee waiver granted

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I think you are right to anticipate that this could be a problem. From what you've described, she does sound eligible for adjustment of status, but the lack of documentation of her most recent entry may cause complications and confusion at USCIS. I would suggest consulting a qualified immigration attorney.

Thanks for the reply, When I consulted a lawyer before we got married, he did mention she was eligible for the AOS. I might call him back to do an hour consulation to see if he can provide some guidance around this matter. It's a few hundred dollars for the consultation, that's why I was trying to find a less expensive route :)

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Hi

I dont think you need an attorney for this matter. You should contact the CBP (http://www.cbp.gov/contact), at the closest deferred inspection site (usually you will call them) from where you live and explain her situation.

According to their I94 fact sheet, she should have received a paper I-94 http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf

--------------++

thanks for the info. I hadn't thought about that. I will see what options they can provide. She never got one because it was never her intent to travel past San Diego. She has been here to the U.S. before and received a paper I-94 since she declared she was traveling to Washington state.

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mexicans can only stay 30 days on border cites without i-94.

  • BCC holders who are authorized to enter to the United States can remain up to 30 days and travel no more than 25 miles beyond the border. Those that wish to travel farther and/or remain longer must request a permit I-94 form (arrival/departure record) in the port of entry at a minimal charge. During the process of applying for the I-94 form, the custom and border protection officer can request updated versions of the same documentation that you presented to the American consular officer in the interview for the visa. They will determine the amount of time you will be permitted to remain in the U.S.
if her last i-94 was not expired when she crossed the border, she could use it , because is for multiple entries in 6 months for travel more than 25 miles. people do it all the time.
Edited by anitaAOS

ROC

01/19/2017 Package I-751 sent to California Service Center via USPS Priority delivered Saturday 01/21/2017

01/23/2017 NOA date

01/27/2017 NOA letter received

02/17/2017 Biometrics

06/25/2018 Aprroval letter without interview and no RFE

06/28/2018 Card mailed to my address

07/02/2018 Card received!

 

AOS

10/22/2014 I-130, I-485, I-765 & I-131 Sent to Chicago Lockbox PO Box via USPS Priority mail (Day 00)

10/24/2014 Package Arrived at Chicago Lockbox (Day 02) Friday

10/27/2014 Package formal receive online (Day 05) Monday

10/30/2014 4 text messages USCIS Aceptance Confirmation (Day 08)

11/06/2014 NOA hard copy received ( I-130, I-485, I-765 & I-131) (Day 15)

11/15/2014 NOA received for Biometrics appointment 11/24 (Day 24)

11/24/2014 Biometrics appointment (Day 33)

12/01/2014 Case status Changed: Case is ready to be scheduled for an interview form I-485 (Day 40)

01/13/2015 EAD/AP card was ordered to be produced (Day 83) Finally!!! :goofy:

01/16/2015 EAD/AP card was mailed to my address (Day 86)

01/20/2015 EAD/AP card was received by mail (Day 90)

01/28/2015 Apply for Social Security # (Day 98)

02/04/2015 Social Security card received at home (Day 105)

03/07/2015 Interview appointment letter received by mail dated 03/03/2015 (Day 136)

04/08/2015 Interview approved (Day 167)

04/13/2015 Approval Notice and Welcome Notice received by mail (Day 172)

04/15/2015 Card was mailed to me (Day 174)

04/16/2015 Green Card received!! (Day 176) :dancing:

 

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