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Jason Mubata

Green card for out of status F1 student (merged threads)

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

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

She can only file i130 for now. I485 only when she becomes the citizen.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Timona Experienced

Timona   3,950

Posted
Filed: Citizen (apr) Country: Kenya
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Posted
25 minutes ago, arken said:

She can only file i130 for now. I485 only when she becomes the citizen.

I believe they can do concurrent at the table is all current, last time I checked 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
3 minutes ago, Timona said:

I believe they can do concurrent at the table is all current, last time I checked 

They can but OP is already out of status so uscis will ask for his status and will ultimately deny the AOS. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Timona Experienced

Timona   3,950

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted
25 minutes ago, arken said:

They can but OP is already out of status so uscis will ask for his status and will ultimately deny the AOS. 

 

Oooo yes...he needs to be in status because wife isn't USC🤦🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️

Thanks for catching that 👏

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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nastra30 Experienced

nastra30   2,001

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted (edited)
42 minutes ago, Jason Mubata said:

Thank you for your comment. I just wanted to get a second opinion before filing. I would most likely hire an attorney.

As @arkenmentioned above you can only file I-130 for now. You cannot file I-485 to adjust because you are out of status and currently your spouse isn't a USC. Overstays are only forgiven if your spouse is a USC. 

Edited by nastra30
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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
1 hour ago, Jason Mubata said:

I would most likely hire an attorney.

You can but in case your attorney charges you 1K just to say you can file i485 as well, don't waste money. You'll be wasting attorney fee and i485 fee.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted
25 minutes ago, Jason Mubata said:

@arken @nastra30 The lawyer wants to charge 4k and they even told me to wait till she's a USC. I will take your advices. Thanks guys

The lawyer isn't wrong.  

While your LPR wife can file an I-130 for you now, it's not gonna do anything to help you.  Might as well keep off the radar until she gets her USC, then file the I-130 with the I-485.   

 

Ultimately, you're gonna have to wait until she gets US citizenship to start on the road to being legal.  No reason for you to notify the US Government about you and your lack of status at the moment, right?

Think about it.  

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Kai G. Llewellyn Community Regular

Kai G. Llewellyn   823

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

Also agreed here on delaying filing the I-130 until you become a USC, best stay off the Govt's radar. Your worst situation would be to be picked up due to the I-130 and deported out with a 3 year/10 year bar. Not worth it in order to save a bit of time on the AoS which might end up being negligible in the grand scheme of things.

Edited by Kai G. Llewellyn

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

I-751 Submitted: 06/08/2023

I-751 Approved: 04/27/2024

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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Jason Mubata Rookie

Jason Mubata   1

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Posted

I’m currently out of status and I’ve been married to my wife for over a year. Her N400 application just recently got approved. She’s currently waiting for her oath ceremony to be scheduled. Do I need to wait for her naturalization certificate to be issued?

 

Also, can someone who has been at their job for a month file for Affidavit of Support?

 

Thank you

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Timona Experienced

Timona   3,950

Posted
Filed: Citizen (apr) Country: Kenya
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Posted

Since her oath is close, just wait and file as soon as she gets the certificate. Meanwhile, start filling the papers, gather everything and have them ready to ship. As soon as she gets it, you make a copy of it and ship same day.

 

Yes, provided tax returns for previous years shows enough $$

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Ryan H Grand Master

Ryan H   3,791

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

~~~Posts merged with existing thread~~~

 

On 7/2/2022 at 9:08 AM, Jason Mubata said:

I’m currently out of status and I’ve been married to my wife for over a year. Her N400 application just recently got approved. She’s currently waiting for her oath ceremony to be scheduled. Do I need to wait for her naturalization certificate to be issued?

 

Also, can someone who has been at their job for a month file for Affidavit of Support?

 

Thank you

 

On 7/2/2022 at 10:36 AM, Timona said:

Since her oath is close, just wait and file as soon as she gets the certificate. Meanwhile, start filling the papers, gather everything and have them ready to ship. As soon as she gets it, you make a copy of it and ship same day.

 

Yes, provided tax returns for previous years shows enough $$

 

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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