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Adjusting status for Wife that overstayed Esta

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Hello.

My friend (US cit)  just marry his Italian girlfriend that overstayed her Esta.   They have a question on this part of the I 485 application   Are you appling for adjustment based on section 245i

 The girl came with the Esta from Italy and she overstayed. What should he put in that question yes or no 

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Posted (edited)

Always be honest!

They can get in DEEP trouble if they lie on ANY USCIS application.

Edited by Becci391

AOS timeline

02/21/17 Sent AOS, EAD and AP to the USCIS Lockbox Facility in Chicago via UPS

02/24/17 USCIS received the application

03/14/17 Check was cashed

03/15/17 received NOA1s as text messages and emails( notice date is 03/13/17)

03/21/17 NOA1 hardcopies received in the mail

03/30/17 Biometrics Appointment letter received in the mail

04/11/17 Biometrics appointment

05/07/17 Day 75 -> called USCIS about my EAD/AP status: service request was made; my I-485 is still in the normal time frame

06/01/17 Day 100 since sending AOS to USCIS Chicago Lockbox

06/08/17 Day 107 -> new EAD status: New Card Is Being Produced( No RFE or RFIE)

06/12/17 Received NOA2 Approval Notice for EAD and AP in the mail

06/13/17 New EAD status: Card Was Mailed To Me

06/17/17 Day 116 -> Received EAD/AP combo card in the mail

10/18/17 Day 240 -> Green Card is being produced (no interview)

10/20/17 Day 242 -> Card Was Mailed To Me; Welcome To the United States-letter  was in the mail

10/25/17 Day 247 -> USPS couldn't deliver Green Card due to insufficient address; the mailman was too lazy to leave the letter on the porch

11/14/17  Day 267 -> Appointment at the USCIS Atlanta Field Office to request that USCIS resent my Green Card

11/15/17 Day 268 ->  Called USCIS and talked to an Tier 2 Immigration Officer: My Green Card will be resend to me

12/11/17 Day 294 -> Received a letter from USCIS saying that my Green Card will be resend within the next 30 days

01/09/18 Day 323 -> Filed a paperwork called DHS-7001 in order to talk to a USCIS Ombudsman about USCIS resending my Green Card

03/23/18                 -> My Green Card got finally delivered! :)

07/15/19                  -> File for ROC

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https://www.uscis.gov/sites/default/files/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf

 

 

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of status? A2. Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who:

Entered the United States illegally;

Worked in the United States illegally,

Failed to maintain continuously lawful status,

Entered under the Visa Waiver Pilot Program,

Entered as foreign crewmen, and

Entered as foreign travelers in transit without a visa. 

 

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**Moved from IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas**


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

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Most unlikely but not totally impossible.


“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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Been a long time since I saw a 245i but I assume there are still a few out there.


“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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