CMBx3

Is it best for Jane not to sponsor her father then? 

The fact that this happened when she was a minor and innocent to the misrepresentation would it still affect her? 

Is there the chance that uscis wouldn't ask about the fathers marriage history or not not link his case with what the mother had done?

Not a personal story, I'm asking on someone's behalf.

What would happen in this situation.

Jane,  a US citizen wants to file for her father who is now out of status in the USA.  Jane became a resident as a child through her mom who married a us citizen. Problem is that before the mother married the us citizen she was previously married to Jane's father. They were never legally divorced and Jane's mother didn't make uscis aware of her previous marriage. The 2nd marriage was just to get Jane's mom legal status at the time, there hasn't been an ongoing relationship since then.  Jane's mom is still a resident  and still legally married to Jane's father and the us citizen who petitioned her. 

Jane wants to know if and how this will now affect her petitioning for her father?

Over 180 days of unlawful presence is a 3 years ban. It's not 6 months. It's 180 days.

Is this ban automatic in the system once day 181 hits and she has to be denied the visa or is it based on the interviewing officers discretion?

I'm feeling so sad for my friend she's in such a depressed state I'm trying to help her but don't have any experience on this issue. Thanks to all who's been giving their input so far

One more question. Since she knows now she'll need to apply for the waiver. If her husband has gathered all the evidence and has the package ready before the interview. Can they mail it before the interview takes place?

Thanks for your help. I'll pass the messages on

hi

she will be denied at the interview, then she will receive a letter letting her know if she qualifies or not for the i601 waiver

if she just overstayed then she will qualify, it doesn't matter that her husband is only a LPR

he will have to file the hardship letter with the waiver, he will need to show why her not being able to move here would be a hardship and also the reasons why he couldn't move to her country to be with his wife

Do you have any idea how long the waiver process is and do you think they should get a lawyer?

Do you have any idea how long the waiver process is and do you think they should get a lawyer?

Can they start the waiver process before going to the interview?

She left the usa on December 13th. That was 182 days of overstay.

hi

yes, if she overstayed over 6 months of her tourist visa, she had a grace period of 6 months after her i94 expired, so if she would have left a few days sooner, she wouldn't have a 3 year ban, which is an overstay between 6 months to a year

Thanks. What's the process for getting this waiver?

Can it be done before her upcoming interview? If so how will it affect the interview process?

Thanks. What's the process for getting this waiver?

Can it be done before her upcoming interview? If so how will it affect the interview process?

This site provided me lots of useful info while my case was processing now I'm back with questions that a friend needs some urgent help with.

Ok so this person is married to a green card holder for 3yrs. She has an upcoming interview in her home county in 4 weeks from today. The issue is that she previously overstayed in the usa. She overstayed by 182 days and it was because of medical reasons. I'm sure she's going to need some type of waiver, right?

WHAT ARE HER OPTIONS?

She's already back in her home country.

Her husband is not yet eligible for citizenship.

Would an applicant that has previously been in the usa for more than 6 months need some kind of police record from there also. If so how do you get one?

I'm confused. I why can I not do both? I've read somewhere that LPR spouses now qualify to file adjustment of status while waiting for their priority date to be current in the USA. If i get these documents in before my visa expires, wouldn't my status change to something like 'applicant filing adjustment of status' meaning it wouldn't matter then if my visa does expire during this status change? Please correct me if I'm wrong.

Hi all,

I haven't been around for a while due to some personal issues. My filing process has also been on hold during this time, and I'm just now resuming.

I've paid both my fees, one says paid & the other was rejected but is currently in process.

My question is,

I'm currently in the USA, my PD which is 03JUNE14 will be current on DEC 01 & my B2 visa expires on DEC 02. My case obviously isn't complete, I'll be sending in my IV & AOS packages tomorrow with overnight shipping. Can I also send in an adjustment of status application with my package? Could this work being so close to when my visa expires, or is it too risky? Please advise me on the best approach.

I know I'm in a tough situation here but I really wasn't in the right state to plan this better. We were dealing with a death in the family followed by financial issues and I've been awfully ill the last 3 months due to pregnancy. I'd prefer to remain here in the US for my prenatal care (which I have only so far received through a free clinic), but I really want to do this all legally.

Thank you all.

I'm now also able to log into ceac and pay my AOS fee

AOS fee now finally available for me to pay. Was getting the termination message everytime I logged in before

I AM CONFUSED,WHAT IS THE DIFFERENCE ETWEEN F2A AND IR1. IM A LPR FILING FOR MY DAUGHTER(MINOR)

F2A is the category for a permanent resident filing for their spouse or minor child to also become a permanent resident.

IR1 is the category for a USA citizen filing for their spouse to become a permanent resident

Even in our case we haven't received any welcome letter but we fill DS 261 and after 2/3 days we are able to pay AOS fees and on May 8 we received IV fees invoice. Also we have sent our AOS / IV package to NVC last week.

Did you have them review ds261 over the phone or did you just check after 2/3 days and saw that you could pay?

It's been 4 days since I completed but still not able to payment. Wondering if I need to call them or should I just wait it out?

Even though I completed ds-261 on friday the 15th, just today the 19th I received the welcome letter. It was dated the 15th though.

Fee still not invoiced but we aren't in a rush since we're having a little trouble finding a suitable joint sponsor.

Yes I always suggest before that as soon as ds 261 is available you can fill it up but some people keeps telling me that we need to wait for the welcome letter and we must follow the NVC instruction but the decision is still up to us. Anyway I posted an attachment. I wonder if this is what you need to be able to pay the AOS and IV fee. I'm not really sure. Let us wait for others comment about this.

Did you go ahead and fill ds-261??

Sent the form DS-261 on sunday and received the welcome letter today.

Still not able to pay the AOS fee.

PD april 9th.

What's the date on your welcome letter?

Wow. Congrats ! I just want to ask. After you got your approval. What's next its been 1month and half since i received my approval.

After NOA2, USCIS will forward your petition to NVC. When NVC receives your case they will send you an email with your case # and inform you that they've received it but there isn't a visa available for you atm and they will start to process it once your PD is current or close to being current. Maybe a month after receiving this email you can call them and ask for your IIN if you'd like. Once your case is ready for further processing they'll inform you with the 'welcome letter' and instructions to how to proceed.

Whats your PD?

Good luck!

Many from 2013 already have cc yes, but I definitely can see for myself and agree that quiet a few others still have their cases open at NVC.

It makes you wonder what really is going on there at NVC..?? and why they don't try a put a little more structure to how they process cases.

I mean, if the situation is that they will be trying to use all visas available then obviously they would HAVE to move the vb quiet a bit further to accommodate this. This will be great news for some but can easily be a horror stories for others. Being that all these 2013 cases are still being processed they'd probably end up having a retrogression soon after the new fiscal year begins or the vb would be dormant for a while like it was after vb was current in 2013, they would have to do this to allow all those cases to 'catch up' and then to process those visas before moving on again.

I really cant understand though, why NVC still allows this to happen after so many flawed years they should instill strategies to make this whole process a little more smooth.

Hello all, 2 questions...

1, My husband has been a LPR since 2011. However, he remained outside of USA for most of the time until 2013 since he was enrolled in college in a different country. In the USA full time since then he's still studying and only been working part time. Therefore, he's only filed taxes for year 2013 and 2014. What does he have to do now since NVC asks for 3 years taxes for AOS? or wont it be a problem to just submit for those two years even though he's been a lpr for 4 years?

2, Since he's only been working part time for those 2 years his income in under the poverty line for the household size and I know we will need a co sponsor. 2014 income was about 14,500 and our usc child is listed as a dependent. How much should our sponsors income be to be able to qualify?

Thanks,

Wowwww Congrats.

Congrats to all those who got access. My husband got his citizenship and now its almost 4months, we are still waiting for the case to get upgrade. I guess before it get upgrade we might get the PD

Also Ritbiv got her visa approved.

Thank and congrats to your husband. Is it normal to take so long for the upgrade??

I hope for you to get a response soon. Keep updating

SIVIN I hope you proceed to the next step ASAP.. Congratulations to CMBX3.. ??

OOMMMGGGG you're already approved!!!!! That's so so awsome. Big congrats to you

We still have to consider though, the many many cases between September 2013 and January 2014 whose cases aren't closed and probably wont be CC by July.