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MWOOD2020

Filing for AOS before or after ESTA expires?

By MWOOD2020 in Adjustment of Status from Work, Student, & Tourist Visas

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MWOOD2020 Newbie

MWOOD2020   0

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Hello!

 

My partner came to visit me in California on October 7th of this year.  He's a British citizen.  We decided that with all this craziness going on in the world that we wanted to be married ASAP.  We had tiny backyard ceremony on November 11th, and it was so amazing. :) We now want to file for AOS while my husband is here.  We are just unsure about the timing.  Do we have to file before the Visa Waiver (ESTA) expires on January 4, 2020?   Or can my husband overstay and we file within a month or so after it expires?  Would the new president taking office on January 20th make a difference? 

 

Thank you!

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Crazy Cat Grand Master

Crazy Cat   39,778

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Filed: Citizen (apr) Country: Taiwan
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Once his I-94 has expired, he will technically be subject to deportation.  Once a proper I-485 has been filed, he will be granted authorized stay until the I-485 is adjudicated.  Authorized stay is not a legal status, but it prevents/stops unlawful presence while the I-485 is pending. To be completely safe,  I recommend he file the I-485 package before the expiration of the I-94.  Good luck....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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ultrasoul Explorer

ultrasoul   51

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Filed: Citizen (apr) Country: Malaysia
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1 hour ago, MWOOD2020 said:

Hello!

 

My partner came to visit me in California on October 7th of this year.  He's a British citizen.  We decided that with all this craziness going on in the world that we wanted to be married ASAP.  We had tiny backyard ceremony on November 11th, and it was so amazing. :) We now want to file for AOS while my husband is here.  We are just unsure about the timing.  Do we have to file before the Visa Waiver (ESTA) expires on January 4, 2020?   Or can my husband overstay and we file within a month or so after it expires?  Would the new president taking office on January 20th make a difference? 

 

Thank you!

@MWOOD2020 

 

File your combo I-130 & I-485 package ASAP- it does you no benefit to wait especially since you are only an appellate court judgment away from the stalled Oct 2020 fee increase taking effect again.

 

You can pay the fees thru credit card using the G-1450 form- you will need 2 separate G-1450 forms one to pay the current lower $535 I-130 fee and one to pay the $1,225 I-485 fees. Be sure to also concurrently file for the I-131 advance parole and I-765 EAD for free for now.

 

Once an appellate court judgment allows the stalled Oct 2020 fee to increase, instead of paying $1,760 you will have to pay $2,830 (I-130 $560, I-485 $1,130, I-131  $590, I-765 $550)

 

So yeah file ASAP. 

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

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