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MrsPcanuck

Filed AOS, EAD and out of status, need info

By MrsPcanuck in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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MrsPcanuck Newbie

MrsPcanuck   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Hello, I am married to a Canadian citizen for almost 12 years now. I am a US citizen and we met online in 1999. We married in Canada, lived there over a year and my husband got a TN visa for a job in Maryland. He lost that job after a year and found another job while out of status with promises of a employer sponsorship which never happened.

Long story short, he has been here out of status since 2002. I filed to sponsor him as his wife in 2005 and one year later he was denied due to lack of paperwork not received. I had been told verbally that they had everything but not so and we were denied. After that my income did not meet the requirements for several years until 2010 and in that year I was approved to sponsor him again. He has not been working at all for three years now.

We filed his I-485, I-765 and his medical and they were received on May 1, 2011. He went for his biometrics on June 4, 2011. On June 24th we got a letter for an interview appointment on the 27th of July and are to bring most of the paperwork that we have already sent in with the I-130 as well as the second packet in May 2011. Is that normal for an interview?

Also I am concerned about his 'out of status' status! Is there some other document that we should be filing or taking with us? Will or can they send him back to Canada? Is there a fine? He's not working, does that make a difference?

The interview letter asks for us to bring 'All documentation establishing your eligibility for lawful permanent resident Status'?? Please help!

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

They don't fine you, they just deport you from the USA and ban you for a certain amount of years or for life.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

ryna Proficient

ryna   132

Posted
Filed: Citizen (pnd) Country: Colombia
 Timeline
Posted

Hello, I am married to a Canadian citizen for almost 12 years now. I am a US citizen and we met online in 1999. We married in Canada, lived there over a year and my husband got a TN visa for a job in Maryland. He lost that job after a year and found another job while out of status with promises of a employer sponsorship which never happened.

Long story short, he has been here out of status since 2002. I filed to sponsor him as his wife in 2005 and one year later he was denied due to lack of paperwork not received. I had been told verbally that they had everything but not so and we were denied. After that my income did not meet the requirements for several years until 2010 and in that year I was approved to sponsor him again. He has not been working at all for three years now.

We filed his I-485, I-765 and his medical and they were received on May 1, 2011. He went for his biometrics on June 4, 2011. On June 24th we got a letter for an interview appointment on the 27th of July and are to bring most of the paperwork that we have already sent in with the I-130 as well as the second packet in May 2011. Is that normal for an interview?

Also I am concerned about his 'out of status' status! Is there some other document that we should be filing or taking with us? Will or can they send him back to Canada? Is there a fine? He's not working, does that make a difference?

The interview letter asks for us to bring 'All documentation establishing your eligibility for lawful permanent resident Status'?? Please help!

As I understand it, as long as he entered legally with inspection, and it seems that he did on the TN, his overstay will be forgiven based on his marriage to a USC. Also, since only your financial standing/income is used to meet the I-864 Affidavit of Support, whether he is working or not is irrelevant.

I'm sure someone who knows for sure will verify this but I think you'll be OK.

N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Yes it's normal. Overstay is irrelevant/forgiven for spouses of US Citizens if your AOS is approved. There is always a remote chance it won't be. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

you should be posting/reading here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Ban Hammer Grand Master

Ban Hammer   13,716

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

one less than helpful reply removed along with one quoting.

be helpful, not snarky, please.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Dulcinea Apprentice

Dulcinea   1

Posted
Filed: AOS (pnd) Country: Belarus
 Timeline
Posted

I don't see anything unnatural in the process you are going through.As long as he entered the country legally he should be fine. As many others bring as much proof of your married life as possible. Most likely they wont't even look at most of it but be on a safe side. This time you were not denied, no additional docs were requested. Everything looks pretty good.

(0) 05/10/2011 - Package sent (I-130, I-485, I-765) via FedEx Overnight

(1) 05/11/2011 - Package Received

(21) 05/31/2011 - checks cashed

(27) 06/06/2011 - NOA received for I485, I765, I10; appontment letter for BIO ( 06/29)

(50) 06/29/2011 - Biometrics done ( tried to walk in on 06/20, was refused in Elizabeth, NJ)

(56) 07/05/2011 - EAD card production ordered

(59) 07/08/2011 - another update EAD card production ordered on 07/08/2011

(66) 07/12/2011 – interview letter received for Aug 15, EAD approved, letter sent out on 07/11

(68) 07/14/2011 – EAD card arrived in mail!

(100)08/15/2011 - interview – APPROVED!!!

(104)08/19/2011- Welcome notice received.

(107)08/22/2011- GC arrived in mail.

MrsPcanuck Newbie

MrsPcanuck   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

Just wanted to post an update regarding our situation. Today we got this message:

On July 7, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you.

Hooray!!!!!! We have the interview on the 27th so it looks like things are going along smoothly!

Cloudy9 Explorer

Cloudy9   11

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Just wanted to post an update regarding our situation. Today we got this message:

On July 7, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you.

Hooray!!!!!! We have the interview on the 27th so it looks like things are going along smoothly!

Since biometrics were in June I'd almost guess that the card production they talk about will be your EAD work authorization card.

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Since biometrics were in June I'd almost guess that the card production they talk about will be your EAD work authorization card.

I would hope that would be fairly obvious to the OP since each application - EAD, AP, and GC - has a different case number.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

  • 2 weeks later...
MrsPcanuck Newbie

MrsPcanuck   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

We received a second 'Card Preparation' email on the 12th, an email on the 13th stating that he was approved and would be getting a letter and the card itself arrived on the 16th! Hooray!! He has a job interview on the 22! Interview for the GC on the 27th. Yay, almost over!!

  • 2 weeks later...
MrsPcanuck Newbie

MrsPcanuck   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

Just got back from our interview and long story short, it was very pleasant, lasted about 20 minutes and all the interviewer was really interested in was our marriage. She approved the green card, I got the notification email and we will receive it in the mail within 30 days. HHHHHHHOOOOOOOOORRRRRRAAAAAYYYYYYYYY!!!!!!!!!!!!!!!!!!!!!!;)

la2011 Enthusiast

la2011   5

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Just got back from our interview and long story short, it was very pleasant, lasted about 20 minutes and all the interviewer was really interested in was our marriage. She approved the green card, I got the notification email and we will receive it in the mail within 30 days. HHHHHHHOOOOOOOOORRRRRRAAAAAYYYYYYYYY!!!!!!!!!!!!!!!!!!!!!!;)

Congratulations! I knew it would work out...

All the best to two very deserving people!:dance: :dance: :dance:

event.png

 
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