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Overstayed F1 to AOS

By kbhq in Adjustment of Status from Work, Student, & Tourist Visas

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kbhq Rookie

kbhq   4

Posted
Filed: H-1B Visa Country:
Timeline
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Hi everyone, I got my 1 year EAD in February 2016 and got married in 2017. I overstayed my visa and will be submitting my AOS package this week, but I have a few questions.

 

We have a joint sponsor already, but my wife has not worked in 2016 since she was a student and took a job in 2017 and made less than 10k. She did not file taxes in 2017, so if we send out the package before 2017 tax returns end, does she need to explain why she has not filed her taxes IN 2016? Or does she have to file 2017 returns no matter what? (Sending the package in February 5)

 

My EAD expired in February 2017, but I worked at the same job until August 2017, then quit. In I-485 form, there are 2 questions: 16: Have you ever worked in the US without authorization? 17: Have you ever violated the terms or conditions of your nonimmigrant status? Do I need to select YES for these 2 questions (overstay and work)

 

Thank you

ColoradoBeauty Collaborator

ColoradoBeauty   79

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

Your wife is not obligated to file 2017 return before sending AOS package out. You should include a statement/letter indicating absence of 2016 return. 

 

"Yes" for those 2 questions 

Spoiler

Aug 2011 - Arrived on F1 visa

09/06/2015 Started exchanging messages

10/13/2015 We met in person

07/01/2017 We got engaged!

10/31/2017 We got married!

11/08/2017 AOS Package (I-130, I-485, I-765, I-131) sent via USPS - Chicago Lockbox

                      (Priority Mail - USPS autocorrected zipcode to 60680-4187)

11/12/2017 Package delivered (Delayed due to USPS mistakenly took it to 60624 and Veteran's Day) 

11/13/2017 Received Date (Priority Date)

11/21/2017 Received 4 e-mails & 4 text notifications (01:30 AM EST); checks cashed

11/28/2017 Received 4 NOA1 hard copies

12/09/2017 Received Biometrics Appointment Letter (for i-485 and i-765)

12/21/2017 Biometrics Appointment

01/08/2018 **I-765 and I-131 Approved** (61 days)

01/16/2018 %%Received combo card%% (tracking shows USCIS sent it on Jan 11 from MO, then Jan 15 USPS closed for MLK day) 

01/20/2018 Received approval letters for EAD and AP

09/20/2018 Received text 'Interview was scheduled' and interview notice will be mailed

09/27/2018 Received Interview notice by mail

10/25/2018 Interview day

10/26/2018 I-485 case status updated to "We ordered your new card"

10/29/2018 Case Status updated to "We approved your Form I-485"

10/31/2018 Case Status updated to "We mailed your new card"

11/01/2018 My card was picked up by the USPS with tracking number assigned

11/05/2018 Green Card Received 

 

Side note: I turned my maiden name into second middle name. In the combo card, my given name is First Firstmiddleinitial, however on the back of the card, they attempted to list my second middle name. 

 

My application package:

Interview Experience:

 

 

 
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