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MsDropofrain

Filing Adjustment of Status (primary applicant and 2 derivatives)- together or separate?

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Hello, and I apologize in advance for asking too many questions.

 

A little backstory:

My mother is a US Citizen and she filed I-130 for my sister in March 2012. At that time my sister was married and was under the F3 category. In May of 2022, she and her children came to the U.S. under UHP parole due to war in Ukraine. Last year my sister's pending divorce was finalized and her category was changed to F1. In December 2023 she received the "Expedite Notification" that the U.S. Embassy in Frankfurt, Germany, approved the request to process my sister's immigrant visa case expeditiously.

 

We were advised that my sister can apply for AOS since they are lawfully present in the United States.

Questions:

 

I also need to make sure I understand the "Checklist of Required Evidence for form I-485" on the USCIS website. At first, they say this: 

Family Members: If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for adjustment of status and file your own application. You cannot qualify for adjustment of status as the derivative beneficiary based on the immediate relative’s application.

 

and  later below

  • A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-130 (unless you are filing your Form I-485 together with the principal applicant’s Form I-485);

 

 

1. Do we fill out 3 forms and submit them together? And we can include one check for all three?

 

2. When completing each form separately, what do we provide under the household income for the girls if neither works? My sister has a job now on a valid EAD.

 

3. I am a joint sponsor, so I am assuming I have to include three copies of the Affidavit of Support?

 

4. One of my nieces will turn 21 in March. Should we be concerned that she will "age out" while waiting on the approvals?

 

Any suggestions are appreciated. Thank you!

 

 

 

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Filed: Citizen (apr) Country: Kenya
Timeline

What's her priority date? You can only AOS if it's current.

@Crazy Cat

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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Filed: Citizen (apr) Country: Taiwan
Timeline
43 minutes ago, Timona said:

What's her priority date? You can only AOS if it's current.

@Crazy Cat

Looks like PD of 2012.

"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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1. PD is current as F 1 file now

 

2. Prepare 3 separate and complete packages …then put  them in a box and write Family of 3 , Do  Not Separate 

 

3  Write  Expedite Request Age Out on March xx, 2024 for the niece ‘s packet 

A long shot ..but worth trying. ..but send it out TODAY 
 

4. The Petitiondr /Sponsor  and you the joint sponsor only do ONE I -864 each that includes principal and 2 kids . Original goes in the principals package and copies for the daughters 

 

5. Write 3 separate filing fee checks 

 

 

 

 

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