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chaffa

Confused about which forms to file :(

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Filed: Timeline

I am trying to figure out which forms should we (my wife and I) file given my immigration situation:

- I entered the country legally with a student visa (F-1)

- The visa expired on December 31st 2008, so obviously I have overstayed.

- We got engaged at the beginning of the year.

- Got married at the end of June.

- My wife is an american born citizen.

We had a "free" consult with an immigration lawyer, he just told us to "fill either the I-130 or the I-485 form" and do the process ourselves; which sounds like a good idea but really we dont know which of them should we fill. Some websites say we should fill both, but this contradicts what we were told.

Any help and extra information would be greatly appreciated.

Thanks

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Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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You would file both. The I-130 determines that a relationship exists and the I-485 is to apply for permanent residence based on that relationship. Refer to the guide above for info on the process.


This does not constitute legal advice.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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