Jump to content
Jjlm1017

AOS from expired H1B and H4? (split and merge)

28 posts in this topic

Recommended Posts

I am filing for my husband and his daughter. Section c question 18 asks: address in the u.s. where your relative intends to live.... well my husband is here in Maine due to work, but his daughter lives with her mother in Washington, what should we put for the address? We will eventually be moving out there but not for a little while...

Share this post


Link to post
Share on other sites

Are your husband and step-daughter seeking visas or adjusting status?


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

We can't answer that as we do not know what you're doing.

What process are you working on? Adjustment of status, Removal of Conditions, citizenship?

You posted in the US Citizenship General Discussion, this section is for ppl who are in the process of getting citizenship.

Once we know we can move your thread to the right section and get some answers.

Edited by Ontarkie

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

 

Share this post


Link to post
Share on other sites

In order to provide a proper answer to your question, these questions need answers:

  • What is your step-daughter's current status in the US? Citizen, Green Card holder, dependent child of work visa holder?
  • For your husband, did you only file an I-130 or did you file both the I-130 and I-485.

Without answers to the above questions, it will not be possible to give you a proper answer to your question because you have not made the process you have begun clear.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

~~Moved to AOS from Work, Student & Tourist Visas, from USC General information - As the OP is starting the AOS process.~~


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

 

Share this post


Link to post
Share on other sites

Is your husband a custodial parent? Otherwise how are you planning on taking a kid to live with you two from her mother.

I would put your current address down where you and your husband reside. The daughter is a minor right?


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

Share this post


Link to post
Share on other sites

Yes she is a minor. Does she need to live with us for me to ask for her as well as my husband? When we move we will be living in the same town as her mother. So if she needs to reside with us, she can.

Share this post


Link to post
Share on other sites

Yes she is a minor. Does she need to live with us for me to ask for her as well as my husband? When we move we will be living in the same town as her mother. So if she needs to reside with us, she can.

Yep. You need both legal and physical custody.

Share this post


Link to post
Share on other sites

hi everyone!

I am the petitioner of my husband and his daughter. He is an H1B visa overstay and she is an H4 visa overstay. We are in the process of filing the I-864, Affidavit of Support. For the past few years my income on my tax returns have been between $25000 and $26000. Due to a job change, it is going to be lower than that this year. Since my Income doesn't meet the requirements of the poverty guidelines for both my husband and his daughter, (possibly not even enough for one of them) we have a friend of the family who is willing to co-sponsor.

1.) If I'm not filing my 2016 taxes until next year, are they going to determine my income from current paystubs, or just go by what my taxes say I made in 2015?

2.) Should I have our friend be a co-sponsor for both my husband and my step-daughter? If they go by last year's taxes, I make enough to sponsor one of them myself. If they go by this year of being in between jobs, I may not make enough to sponsor even one of them by myself. Should he just be co-sponsor of both to make sure we are all set?

3.) In PART 1 question 1, I am the petitioner on both forms (answer 1a.) One for my husband, one for my step daughter. Now for our co-sponsor on the same question: would he answer 1d. ( I am the only joint sponsor) or 1e. ( I am the __ first __ second of two joint sponsors).

Please help! These papers are driving us mad!

Thank you.

Share this post


Link to post
Share on other sites

We are doing AOS because they are my family members. We are not asking for visas. They have been in the US for the last 9 years. I put the visas they were holding before as a reference of our story so others would understand where we are coming from. So please move us out of the work visa forum and back into the AOS for family members so that our questions can be answered properly. Thank you.

Share this post


Link to post
Share on other sites

We are doing AOS because they are my family members. We are not asking for visas. They have been in the US for the last 9 years. I put the visas they were holding before as a reference of our story so others would understand where we are coming from. So please move us out of the work visa forum and back into the AOS for family members so that our questions can be answered properly. Thank you.

He moved you to the right forum.

You may think it's family but they are adjusting from workvisa in the end and it will have nothing to do with the answers you get.

How old is the daughter now?


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites

Roxy 8989,

Is there a place that I can get a list of the forms we need to fill out? I am asking for my husband who is an h1b visa overstay and his daughter who is an h4 overstay. I am a usc. I see your list as I copied and attached below. We know about all those forms but we are wondering if there are more we need to file for his daughter?

So far this is what I've found that I need to do:

- I-130 completed by my husband, supplemented with copies of his birth cert, our marriage cert, passport photos, and evidences showing a bona fide marriage and spousal relationship

- I-485, with copy of my birth cert, copy of my passport, passport photos

- I-765, with a copy of my I94

- G-325A for husband and I

- I-864, with a copy of his birth cert, tax return, w2, pay stubs, employer letter

- I-693

- Check for $985+$85+$420

Share this post


Link to post
Share on other sites
 
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
- 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.
×