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Nikki123

B2 Visa revoked , applying for AOS

By Nikki123 in Adjustment of Status from Work, Student, & Tourist Visas

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mushroomspore
mushroomspore

If OP had left the US, she would have incurred the ban. Since she stayed and has been married to a USC, AoS is available to her.

mushroomspore
mushroomspore

File AoS immediately.

Crazy Cat
Crazy Cat

You are out of status and you can be deported UNTIL YOU FILE THE I-485.......at that point, you will have authorized stay while I-485 is pending.

ThomasNC1988 Rising Star

ThomasNC1988   762

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted
2 minutes ago, Pengunista said:

Is that all she needs to file? Or does she need to file I-130 also?

I-130 as well hopefully she has consulted the guide.

 

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

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

This is the risk you take when you leave it so long to file. I would also strongly suggest you file for the EAD also since money seems to be a big problem for you. It’s free to file and once approved you will be able to work. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Posted

Your visa was actually revoked under INA 222(g) the moment you overstayed. 

 

As others have said, file for AoS and it shouldn't be an issue. 

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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Nikki123 Rookie

Nikki123   1

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5 hours ago, Hypnos said:

Your visa was actually revoked under INA 222(g) the moment you overstayed. 

 

As others have said, file for AoS and it shouldn't be an issue. 

So that's normal practice for an overstay? Forgive my ignorance, I'm not the sharpest tool in the box. I was very concerned with being deported immediately. We are working on getting our AoS completed as soon as possible. Thank you for your reply.

 

 

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Boiler Grand Master

Boiler   43,523

Posted
Filed: K-1 Visa Country: Wales
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Posted

You invalidated your visa as soon as you overstayed.

“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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Sarah&Facundo Community Regular

Sarah&Facundo   577

Posted
Filed: Lift. Cond. (pnd) Country: Argentina
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Posted

Why don't you just file now? My husband and I literally put it together in one day the week we got married. You are deportable at any moment until you get that filed. Why wait?

 

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Nikki123 Rookie

Nikki123   1

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2 hours ago, Sarah&Facundo said:

Why don't you just file now? My husband and I literally put it together in one day the week we got married. You are deportable at any moment until you get that filed. Why wait?

 

Because I've read some horrible stories about things being denied based on mistakes, in extremely paranoid about getting correct and gathering as much evidence as possible, his don't live in the same state and I'm waiting on them to get thier affidavit to me.

4 hours ago, Boiler said:

You invalidated your visa as soon as you overstayed.

Should I be very worried about being immediately deported?

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
11 minutes ago, Nikki123 said:

Because I've read some horrible stories about things being denied based on mistakes, in extremely paranoid about getting correct and gathering as much evidence as possible, his don't live in the same state and I'm waiting on them to get thier affidavit to me.

Should I be very worried about being immediately deported?

Affidavits aren't needed and provide very little value. Filing for AOS sooner is more important IMO.

 

It's unlikely that they would put you into removal proceedings in the very near future, but not impossible.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Nikki123 Rookie

Nikki123   1

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Just now, geowrian said:

Affidavits aren't needed and provide very little value. Filing for AOS sooner is more important IMO.

 

It's unlikely that they would put you into removal proceedings in the very near future, but not impossible.

But is that not part of prooving your marriage is valid? Thank you for your reply

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Sarah&Facundo Community Regular

Sarah&Facundo   577

Posted
Filed: Lift. Cond. (pnd) Country: Argentina
 Timeline
Posted (edited)
1 hour ago, Nikki123 said:

Because I've read some horrible stories about things being denied based on mistakes, in extremely paranoid about getting correct and gathering as much evidence as possible, his don't live in the same state and I'm waiting on them to get thier affidavit to me.

Should I be very worried about being immediately deported?

What evidence? For AOS you need the marriage certificate. The forms aren't that long or that complicated. A lot of it is your name/address/basic info. You can do it all in one afternoon. Fill it out, have someone proofread it, then send it along. Seriously, it took us a day. We did it the week of the wedding and we never got an RFE or anything. You don't need affidavits and even if you wanted to include them, it takes 1-2 days to send mail between states. 

Edited by Sarah&Facundo
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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
43 minutes ago, Nikki123 said:

But is that not part of prooving your marriage is valid? Thank you for your reply

It is something that can be provided with the initial filing or at the interview, but is definitely not required (we never had one for the K-1 visa or AOS).

Other forms of evidence are much more valuable (living together, lease/title together, shared accounts being used together, medical beneficiaries, retirement accounts together, etc.).

 

That said, what exactly would the affidavit do to show a bona fide marriage? Nobody submits a negative affidavit.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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