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ashlesha

AOS from tourist visa

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

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ashlesha Explorer

ashlesha   0

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
Posted

Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

2009-09-30 -> I-129 Approved

2009-09-30 -> I-130 Approved

-------NVC----------

2009-10-14 -> NVC Received

2009-10-15 -> Received/Sent DS-3032

2009-10-15 -> Received/Paid I-864 Bill

2009-10-19 -> Send I-864 Packet

2009-10-26 -> NVC Received DS-3032

2009-10-28 -> Receive/Pay IV Bill Pay

2009-10-29 -> Send DS-230 (Overnight)

2009-10-30 -> NVC Received (DS-230) 11:00 AM

2009-11-03 -> NVC Entered DS-230 in system.

2009-11-09 -> Received email requesting DS-230....

2009-11-12 -> Log in to Consular Electronic App Center failed!!

2009-11-13 -> Case complete

2010-01-12 -> Rescheduled from [2010-01-25] Interview [Approved]

2010-01-14 -> Pick up passport.

2010-01-17 -> Depart

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Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
 Timeline
Posted
Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

I think (and this is it, just my own taught) that once you start the AoS process, you are in a new category. So the time they have left shouldn't count anymore. But I could be wrong. So, please, if anyone knows, correct me. :innocent:

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted (edited)
Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

Are you a US Citizen? If not, I believe that you cannot petition for parents.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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ashlesha Explorer

ashlesha   0

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
  • Author
Posted
Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

Are you a US Citizen? If not, I believe that you cannot petition for parents.

Yes I am a US Citizen and thinking about petitioning for my parents.

My main concern is that if the AOS doesn't go thru in time before there stay time expires, do they have to return or do I have to file for extension.

Thanks for any feedback

2009-09-30 -> I-129 Approved

2009-09-30 -> I-130 Approved

-------NVC----------

2009-10-14 -> NVC Received

2009-10-15 -> Received/Sent DS-3032

2009-10-15 -> Received/Paid I-864 Bill

2009-10-19 -> Send I-864 Packet

2009-10-26 -> NVC Received DS-3032

2009-10-28 -> Receive/Pay IV Bill Pay

2009-10-29 -> Send DS-230 (Overnight)

2009-10-30 -> NVC Received (DS-230) 11:00 AM

2009-11-03 -> NVC Entered DS-230 in system.

2009-11-09 -> Received email requesting DS-230....

2009-11-12 -> Log in to Consular Electronic App Center failed!!

2009-11-13 -> Case complete

2010-01-12 -> Rescheduled from [2010-01-25] Interview [Approved]

2010-01-14 -> Pick up passport.

2010-01-17 -> Depart

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Wubzywub Explorer

Wubzywub   0

Posted
Filed: Timeline
Posted
Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

Are you a US Citizen? If not, I believe that you cannot petition for parents.

Yes I am a US Citizen and thinking about petitioning for my parents.

My main concern is that if the AOS doesn't go thru in time before there stay time expires, do they have to return or do I have to file for extension.

Thanks for any feedback

You can file an I130 and I485 at the same time for your parents. As long as you file the I130 prior to the date of expire on the I94, they'll be ok and legal in the USA

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TayRivers Proficient

TayRivers   4

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

Agreed... file the I-130 and the AOS together, once you have the NOA1 then you have proof that they have filed and can legally remain in the USA until their cases have been approved.

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km24 Collaborator

km24   0

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted
Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

Question is are you a US Citizen? Then if so, fine. You have to petition them first before filing for AOS. You should call the USCIS office and ask for advice.

Filed N-400 (Arizona Lockbox) - July 10, 2014

NOA received - July 22, 2014

Biometrics - August 8, 2014

In line for interview scheduling - August 12, 2014

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km24 Collaborator

km24   0

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted (edited)
Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

Are you a US Citizen? If not, I believe that you cannot petition for parents.

Yes I am a US Citizen and thinking about petitioning for my parents.

My main concern is that if the AOS doesn't go thru in time before there stay time expires, do they have to return or do I have to file for extension.

Thanks for any feedback

You can file an I130 and I485 at the same time for your parents. As long as you file the I130 prior to the date of expire on the I94, they'll be ok and legal in the USA

No need to file for an extension. All I know is as long as you have pending petition, though your I-94 will expire, it doesn't mean you'll be out of status. That's what I know. Because based from my experience, I came here with B2 visa (11/2008) then I filed for F1/Student visa (03/2009) and I'm too worried because I haven't receive any decisions and my I-94 will expire on May 2009. Some explained to me that my stay is legal as long as the application is pending. I received a letter from USCIS on June 2009 saying that my F1 is approved.

So now you can file for I-130 petition for alien relative and I-485, etc.. Call USCIS for any questions regarding the forms to be used.

I got this from uscis.gov

To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations, and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis. gov

Edited by km24

Filed N-400 (Arizona Lockbox) - July 10, 2014

NOA received - July 22, 2014

Biometrics - August 8, 2014

In line for interview scheduling - August 12, 2014

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

no one touched on tenets of visa fraud? yiikes.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Unlike somebody who got surprisingly married to a US citizen, I can't think of any plausible reason to adjust status from a visitor visa.

So your parents visited you and now they, all of a sudden, decided not to go back to Nepal? Do they have ties to their home country, any reason they would have to go back? If not, it is indeed quite possible that the USCIS would assume your parents used their B2s with the intend to immigrate, which would bring your AOS to a screeching halt and them back on a plane home to Nepal.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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TayRivers Proficient

TayRivers   4

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
Unlike somebody who got surprisingly married to a US citizen, I can't think of any plausible reason to adjust status from a visitor visa.

So your parents visited you and now they, all of a sudden, decided not to go back to Nepal? Do they have ties to their home country, any reason they would have to go back? If not, it is indeed quite possible that the USCIS would assume your parents used their B2s with the intend to immigrate, which would bring your AOS to a screeching halt and them back on a plane home to Nepal.

As an immediate relative of a USC they are allowed to file to adjust their status as long as the did not enter with the intent to circumnavigate the immigration laws.. so unless they lied at POE they can legally file for AOS and remain in the USA.

99 % of all cases of immediate relatives (spouse, parents,minor children) are not even asked about their intent at POE. Those that are are usually asked when it was that they decided to remain in the USA.

USCIS will not assume that they used their B2 visa to immigrate unless their is evidence to prove they did...

There are 1000's of posts on VJ of immediate relatives who have entered on a VWP/Tourist Visas and have successfully completed AOS and now have their greencards.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

My apologies for my confusion - I hadna twigged the OP was a USC until moments ago.

Ya, sure - file I-130 / I-485 concurrently, NOW - should be a good amount of fun this weekend !! IMO (and I could be wrong) - prepare 4 I-864s - two for each parent - and have em step like this?

dad I-130 [hold I-864 till asked to send it in]

mom I-130 [hold I-864 till asked to send it in]

Dad I-485 [file I-864]

Mom I-485 [file I-864]

there's a 'original documents' requirement - but you should gather that stuff up soonish, copies on first filing are acceptable..

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
it is indeed quite possible that the USCIS would assume your parents used their B2s with the intend to immigrate, which would bring your AOS to a screeching halt and them back on a plane home to Nepal.

Just Bob is just wrong. Parents are immediate relatives. Even if they suspect prior intent to immigrate, The AOS will not be in jeopardy since they are immediate relatives of a USC.

Being the immediate relative of a USC is a positive factor that outweighs adverse factors of prior intent, work without authorization and overstays.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
You have to petition them first before filing for AOS. You should call the USCIS office and ask for advice. [/color]

Wrong. The I-130 petition should be filed in the same package with the AOS and sent to the Lockbox together.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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