leona2025

I didn't apply for that because we didn't think he would need it. He will not be traveling until the green card is in his hand, the problem with that is waiting and additional 2+ months for the new passport from the Kenyan Embassy. The AOS will not be pending it will be approved at that time.

His Texas Driver's License or social security card wouldn't suffice for id? Sorry we are adjusting from an expired student visa.

So I think we are just about through with our journey. Yesterday we got our AOS interview appointment in the mail and it's for the second week of Feb. I am confident that everything will be fine and my husband will be approved for the green card. The process has been really smooth with no bumps. The problem is still his Kenyan passport which is expired and it can take 8 to 11 weeks to get a new one. If we send it in right now he would get it back in enough time to travel, but is the original passport needed for the AOS interview? Also the paper said initial interview, does that mean another interview will be required? Is there any kind of emergency travel papers my husband can apply for that will let him leave the country? He would not leave until he had his green card in his hand. His father is very sick and his brother has been admitted into the hospital several times in the last month. We don't wanna wait until it is too late.

We got the card in the mail today!

Our AOS package was received on Sept 16. The work authorization was approved on Dec. 30. I have seen no movement on the i485 or i130. Small victories! So excited for the hubby. If they approved this chances are good that they will approved the other two right? Yes!

Is he adjusting from that overstayed student visa? If so, he MUST NOT leave the country until his AOS is complete. It sounds from your question as if you are aware of this, but it would be so horrible if I misread that understanding into your post and found out later he traveled out on his AP thinking he could...

We can't answer questions about how long it'll take the Kenyan Embassy to provide his new passport. If he has to send his expired one in, make sure you have full copies of all pages. Does he have an alternate photo ID of any kind? I don't see that there's any legal reason why he shouldn't apply for his new passport, you could update the forms at interview with his new passport number, but I would be very fussy about always carrying proof of status with me (alternate ID, proof of marriage, NOA1)

Again, it's very hard to say whether they've got everything they need for your case. I would guess, yes, if you've not received an RFE by now, you probably won't but no one can say for sure.

Sorry to hear about his Dad. I can't imagine how hard it must be for him, having to wait to travel. Best wishes and good luck for a quick and smooth AOS.

Thank You for answering. We know that he can not travel now. The plan is to wait until the AOS goes through. Yes he is adjusting from an overstayed student visa. I just wanted to go ahead and start the process of getting him a new Kenya passport so he would be able to travel immediately. He has all the regular IDS. State ID and a legal ssc. We started the process Sept 1 and only a few weeks ago did we we receive our biometrics appointment which is for today.

Ok so we started my husband's adjustment of status paper work in September. A little background: My husband came here on a student visa and overstayed. We got a notice a couple weeks ago for the biometrics which we are doing tomorrow. It took so long that I thought something had gone wrong.

I don't know how long it's going to take for the whole process to be complete, but we are hoping by February or March. My husband's dad is really sick and I want to send him to Kenya to see him before it's too late. His passport expired in 2001. The thing is that Kenya has new passport rules and he will have to apply for a new Kenyan passport. Is it possible to get the new passport before the adjustment of status so there will be no wait time when his aos goes through? Also if more information or proof was needed for our case would they have requested it by now?

The reason I didn't apply for him earlier is that I was naive and didn't think it was important since he was able to work. I didn't know it was suc a big issue or anything about the process at all. If I had known I would have done it sooner.

What was his entry into the US? Was it on a visa? Did he enter as a refugee, entry without inspection, etc etc?

From my understanding, many folks are forgiven at the AOS interview for the working, if certain actions have been followed. I don't know all the logistics of it, but I'm sure someone will come along to give you better information. It is good news that he did file for taxes, however, and has a legal SSN, as long as it wasn't obtained fradulently.

He entered the U.S. legally on a student visa. All his paperwork and inspection were legal. He overstayed the sudent visa. His ssn was also ontained legally.

This could be a pretty sticky situation. Did your husband file taxes? Did he use a fake social security number?

Yes he filed his taxes and he h.as a legal social security number, but the card says not authorized to work.

Yesterday we went to our case worker and we filled out all our forms and gave all our evidence for our 130 and 485. Everything is in order we were together 4 years before we got married and we've been married for 2 years. The whole time my husband has been working illegally. When he got laid off his current job he filed for unemployment and is now receiving unemployment. I'm wondering how this could effect out case and if we can be rejected because of it. Our case worker didn't ask about this and we were scared to ask. I am the american citizen and my husband is who I am sponsoring.

Hello,

So I've decided, based on the information I've read here and on the web that me and my husband should try to file for his AOS ourselves instead of using a lawyer, but I've already got a question and it may be stupid. On the i-485 part 2 it asks I am applying for adjustment of status because: and it has a list of reason a-h and I am confused as to which one I should check. We are filing the I-130 also if that helps and he did not come here on a fiance visa. I checked A.

Really don't know how to respond to a post like this, maybe it's because we take our idea of freedom literally, we are a country of some very strong laws that must be obeyed or if not, with severe penalty. We really watched my intended wife's I-94, when it was due to expire, she had to go back, it hurt like hell to have to leave a person you really want to be with, but it had to be done.

It was a terrible experience at the ripe old age of 18 to be drafted to fight in a war you didn't believe in, and can only wonder how legal it was to be forced to take that oath to serve and die for this country. If you didn't say and honor it, would be tossed into prison. Many did avoid the draft and ran up to Canada, but were eventually forgiven, but if you did go through all those hardships in obeying the law, how does that make you feel?

Why is becoming legal now an issue with you? Should have been done five years ago, just file some papers and get it over with, what were you thinking back then?

Bet you would love to turn back the clock, but can't, can only throw yourself at the mercy of the court and hope for the best.

I guess I need to direct this post to my husband as I didn't know him then and even if I did I had no clue about immigration or the immigration laws. Since as you said you really didn't know how to respond to this post and you didn't add any helpful information maybe you should have just kept silent.

Just trying to help, you had no knowledge of his immigration status and apparently neither did your husband, he is a foreigner and cannot be expected to know the zillions of laws of this country. This may be your means to rectify your situation.

When receiving a I-94 when entering this country that is stapled to your passport, how many people know there is stuff written the the back of it like this?

And with the USCIS, really could not help but notice they do not send you any reminders for the important things that must be done, really a fallacy in the system, and they did let five years go by without even contacting or warning your husband that he could be in violation. It's been that way, I didn't know anything about immigration either when I met my wife, even thought we could get married and live happily ever after. But getting my feet wet, plastered my refrigerator door with reminders of the AR-11, I-865, how to renew a lost card, and the I-751 required filing. But my wife could have stayed here over six years now with an expired I-94 wihtout contact. Has to be some good intention on your part about discovering your predictment and making attempts to correct it rather than being caught. I sincerely wish you the best.

Thank you for that information. I do want everything to be legal. I want us to have a regular life. When I first started looking at this thing I was told the whole process cost 10,000. My husband was also only 17 when he came here. I was 16 when he came here we are only a year a part. We have a lot of dreams. I 'm finishing school in the next year and I want him to finish school also. I just don't want this looming over out heads. T

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How do I do this search? I would like to read about cases similar to mine.

Just click on the Forums Search link above and select the advanced option.

then put in "overstay" and select this forum for the posts.

Thanks so much!!

Really don't know how to respond to a post like this, maybe it's because we take our idea of freedom literally, we are a country of some very strong laws that must be obeyed or if not, with severe penalty. We really watched my intended wife's I-94, when it was due to expire, she had to go back, it hurt like hell to have to leave a person you really want to be with, but it had to be done.

It was a terrible experience at the ripe old age of 18 to be drafted to fight in a war you didn't believe in, and can only wonder how legal it was to be forced to take that oath to serve and die for this country. If you didn't say and honor it, would be tossed into prison. Many did avoid the draft and ran up to Canada, but were eventually forgiven, but if you did go through all those hardships in obeying the law, how does that make you feel?

Why is becoming legal now an issue with you? Should have been done five years ago, just file some papers and get it over with, what were you thinking back then?

Bet you would love to turn back the clock, but can't, can only throw yourself at the mercy of the court and hope for the best.

I guess I need to direct this post to my husband as I didn't know him then and even if I did I had no clue about immigration or the immigration laws. Since as you said you really didn't know how to respond to this post and you didn't add any helpful information maybe you should have just kept silent.

I thank you all that offered helpful information. I got into contact with an immigration lawyer who said he could handle my case. I know I will be back with more question and updates as to what is going on.

my husband over stayed about 2 years. We went to our interview and we now have to file 2 waivers. We have an immigration attorney because I needed the waivers done professionally. Being married to a USC does not forgive anything.

Actually, being married to an USC does factor into the "forgiveness" - in fact, only marriage to an USC gives you any chance for this.

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

However, as pointed out, if you have too many negatives, you do not get the AOS, it's not guaranteed.

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now. Just because you are married to a USC, doesn't guarantee anything.

BTW.... when we were at our interview, the interviewing officer was very , very nice BUT when she was telling us about how wrong it is to be in the US illegally, she raised her voice and said that they take that VERY seriously. She was almost yelling at us. I had to rephrase my statement to make her happy.

Again - everyone's circumstances are different. There are examples on this very forum where people in similar conditions were approved. A simple search here will show you that.

Your exactly right, it's not a gurantee...

One of the ways not to be "forgived" is if you entered without inspections (EWI) - they almost always reject that application.

How do I do this search? I would like to read about cases similar to mine.

Hello,

I am very confused about this whole situation. None of the guides seems to apply to me. I am a U.S. citizen and my husband is from Kenya. He came to the U.S. when he was 17 on a student Visa. His Visa expired in 2004. We have been living together since 2005 and we got married a year ago. What do I need to do to get him an adjustment of status and do I need an immigration lawyer? I keep reading about the spouse returning back to his native country and do not want that to happen. Will AOJ allow him to be able to work legally? What if he's already been working illegally here? I think he was allowed to work as long as he was in school and now that he's not in school that would make him working be illegal?