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Filed: Country: Kenya
Timeline
Posted

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?

Posted (edited)

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?

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.

Edited by SunDrop

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Filed: Country: Kenya
Timeline
Posted

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.

Posted

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?

Depends on the Kenyan embassy/consulate - you should be able to get it renewed there prior to the AOS finishing. (as mentioned - since you know, don't travel till you have the GC in hand)

They can ask for evidence up till you get the GC in hand.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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