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Al1ygator

Former DACA, now illegal but just married citizen...what does she need to file to be legal?

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Filed: K-1 Visa Country: Tonga
Timeline

My friend and her husband are living with us. She is trying to file her papers so she can go to school next year. She was adopted (not legally, basically just given) by an aunt in the states from her family in New Zealand when she was 3, back in 1999. She had DACA until 2015 when it expired. She married a citizen in May 2018. What does she need to file? I-130 from her husband and the I-130A for her and the I-751 all at once?

Also, her New Zealand birth certificate has her mom's name spelled wrong and her dad's birthday is wrong. Dad is deceased. Mom is a dual citizen of Tonga and New Zealand and travels back and forth to the US legally on visas (never has overstayed). Should she put the info on the forms according to the birth certificate she has or the correct way on her mom's passport? (dad is deceased). 

 

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Not sure where you got that i751 form. That's the removal of conditions in green card form and your friend is not eligible for that just yet. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Thread moved to AOS from Work, Student & Tourist Visa, from AOS Family~~


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

 

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If she's a native of NZ then presumably she entered legally on a visa as a child, since the alternative would be swimming here. 

 

If that's the case, and she still has her I-94 and/or a passport stamp indicating she was legally admitted then she can file for AoS as the spouse of a US citizen. 

 

Follow the guide:

 

http://www.visajourney.com/content/i130guide2


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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