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AOS for someone with unlawful presence married to USC

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Hey fellow VJer's!!

I have tried looking for a similar topic, and current!, but have not been able to find what I am looking for.

A close friend of mine, married her husband here in the U.S. in November of last year. She is a USC and he entered without inspection to the U.S. I have been told that he can file for AOS, along with an I-601a waiver, and he will not have to leave the country. Is this true?

Any input or information on this topic would be greatly appreciated! Thanks!



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20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

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hi

not true

, because he entered without inspection, he will have consular processing in his country of origin after the waiver is approved

for now they can only file the i130 and each of them fill out the G325A

the approved i130 will be sent to the National Visa Center, at that stage the pay the forms but don't send in the forms and documents. along with proof of payment of both forms, they send that with the waiver and the hardship letter.

wait for the approval and then continue with the NVC stage.

the last thing is the interview in his country

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hi

not true

, because he entered without inspection, he will have consular processing in his country of origin after the waiver is approved

for now they can only file the i130 and each of them fill out the G325A

the approved i130 will be sent to the National Visa Center, at that stage the pay the forms but don't send in the forms and documents. along with proof of payment of both forms, they send that with the waiver and the hardship letter.

wait for the approval and then continue with the NVC stage.

the last thing is the interview in his country

Thanks so much for your quick reply Aleful!

Let me see if I understand… They have to file an I-130 and a G-325A and whatever other paperwork goes along with that. He has to return to his home country. They have to file a waiver after sending the I-130 and wait for approval of this waiver. Finally, he will have the interview at the designated consulate.



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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hi

no, he doesn't have to return to his country until he has the interview, that's what the i601A is for, he can stay all that time in the US until a few days before the interview, because he has to get his medical, vaccination and fingerprints before the interview

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Does he have DACA?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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hi

no, he doesn't have to return to his country until he has the interview, that's what the i601A is for, he can stay all that time in the US until a few days before the interview, because he has to get his medical, vaccination and fingerprints before the interview

Oh, ok. Thank you. So, they file an I-130, and not an I-485, for AOS.

Does he have DACA?

No, Boiler. Not that I am aware of. No DACA.



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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DACA would give him other options, if he has not looked into it he should. Of course he my not be eligible, but then he may not be eligible for the I 601a either.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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DACA would give him other options, if he has not looked into it he should. Of course he my not be eligible, but then he may not be eligible for the I 601a either.

Home country is Mexico, I heard DACA does not apply. There is a chance he may not be eligible for I-601a??



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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hi

DACA has nothing to do with the country of origin, did he come to the US before he was 16 years old?

and why wouldn't he qualify for the waiver?

I think he was at least 16, but I have not asked.

I was reading on what is needed, and I believe that he does qualify.



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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I 601a has qualifying requirements, criminal history is the usual main issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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For an I-601a waiver you must prove extreme hardship (emotional, psychological, financial...) to the USC. There are denials, but the USCIS is not known to refer to ICE in those cases. So I guess there is no harm in trying (aside from losing a fair amount of money in the event the waiver is denied)...

You file the I-130. If you receive an approval, it is sent to the NVC. You pay the required fees (Affidavit of Support and IV) but do NOT send in any required documents/file the immigrant visa. Prepare the waiver application (with supporting documents) and file the the USCIS. If the waiver is approved, then it goes to the consular processing.

I strongly recommend using an attorney for the waiver application. Or really discussing thoroughly with someone who has gone through the process and had one approved. It's not a matter of just filing the application and a statement from the USC.

On a side note, DACA is applicable for those who came under the age of 16 before June 15, 2007 and that were present in the US on June 15, 2012 no matter which country they are from. DACA is not a path to a green card. It only protects you from removal proceedings and gives you an employment authorization document (and therefore a social security number). Waiver is the way to obtain a green card.

Good luck!

Edited by 1.618

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~Non-contributory comment removed. Keep on-topic or do not post.~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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For an I-601a waiver you must prove extreme hardship (emotional, psychological, financial...) to the USC. There are denials, but the USCIS is not known to refer to ICE in those cases. So I guess there is no harm in trying (aside from losing a fair amount of money in the event the waiver is denied)...

You file the I-130. If you receive an approval, it is sent to the NVC. You pay the required fees (Affidavit of Support and IV) but do NOT send in any required documents/file the immigrant visa. Prepare the waiver application (with supporting documents) and file the the USCIS. If the waiver is approved, then it goes to the consular processing.

I strongly recommend using an attorney for the waiver application. Or really discussing thoroughly with someone who has gone through the process and had one approved. It's not a matter of just filing the application and a statement from the USC.

On a side note, DACA is applicable for those who came under the age of 16 before June 15, 2007 and that were present in the US on June 15, 2012 no matter which country they are from. DACA is not a path to a green card. It only protects you from removal proceedings and gives you an employment authorization document (and therefore a social security number). Waiver is the way to obtain a green card.

Good luck!

Thanks for the info! I agree- waivers are very delicate matters (I had to get a lawyer to help with my fiancé, at the time)

I will relay the message. :)

Edited by vanmar820


event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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