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Yayamancatch

Submitted I-130 and have a visa interview date

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My wife came to the us when she was 3 months old with a visa. She overstayed the visa and has been here illegally since. I read somewhere that to avoid penalties we were to be married within 6 months of her 18th birthday. We did so.

So far we have filed the I-130 and have a visa interview in Juarez on June 23rd.

My question: should we have filed a I-485 as well?

is there a waiver to file so if anything goes wrong she wont be stuck in mexico?
should I file the I-485 now or if/when we return with the visa?

I just want to make sure everything is right before we go to mexico.

thanks to anyone who responds with helpful/useful info

sincerely,

This Guy

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So she came legally (on a visa, as a baby), overstayed, and never left the USA since? If so, you should do AOS without leaving the country.


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.

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Ohh yes, she should on not account leave the US without at least AP, she should adjust in country, most important.


“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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If she never left the US, you absolutely do not want to get a visa at CDJ -- everything can be done without leaving the US. Please give us any additional details about her stay in the US and why you are headed down the path you are on -- there is still plenty of time to change directions without inadvertently causing a train wreck.

Please tell us every detail about your decision, and unless there is something untoward, you want to file AOS/EAD/AP here. Depending on the details, her leaving the country for any reason before getting an AP could be a disaster.

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hi

adjustment of status, she shouldn't leave or she will trigger the 10 year ban and have to file a wavier

you should have filed concurrently with the i485, overstay is forgive if she entered legally to the country and marries a USC

file the adjustment of status packet

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Yes, it would have been best to file I-130 and I-485 together but you can send the second set of forms now.

You follow this Guide: http://www.visajourney.com/content/i130guide2


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.

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This is one time that the immigration laws work in your favor !! Read the AOS guide at the top of the page -- it will tell you everything, and then come back with any questions you have.

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So for the interview should I call and reschedule? What penalties if any will there be for missing/rescheduling the interview?

More directly, we have completed the affidavit of support, the boba dude marriage and the I-130. If I am to follow penguin-ie's advice, now we need the I-485 and the g-325? Will we be able to use the already submitted forms? Or have to resubmit?

Again thank you guys so much for helping out and helping me avoid a train wreck in Juarez. God knows I would not have loved that whole debacle

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If you follow the AOS guide, you will not go to CDJ at all, so cancelling is better than rescheduling, of if you are nervous about AOS -- you shouldn't be -- you could move the CDJ interview out in time 2 - 3 months, and by then you should have the EAD/AP card in hand.

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im filling out the I485 and I am confused.
there doesn't seem to be an option on part two: application type, that fits our particular situation as far as the reason she is filing AOS.
Also apparently we were supposed to receive a immigrant visa number??
is this confusion because of us not filing the I485?


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