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JeWcHee

Should I file I-485A and I-485 and pay penalty?

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

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JeWcHee Explorer

JeWcHee   3

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

Hello guys, I have friend who who's a naturalized citizen and married her out of status wife. THe wife is less than 365 days out of status, question is what appropriate form should we include in filing. Do we have to pay the penalty? What is I-485A? ENLIGHTEN ME PLEASEEEEEEEE!! Just tryin to help out a friend. THanksss all!good.gif

K1 Visa -

AOS Timeline
AUG 24 2011 > K1 Visa POE San Francisco CA (Finally
OCT 06 2011 > Got Married in Redwood City CA (Ehem!)
NOV 14 2011 > SUBMITTED I-1485, I-765 & I-131 Application via USPS to Chicago Lockbox
NOV 18 2011 > Received text and email (I-797 Notice of action was sent via mail)
NOV 26 2011 > Received Biometrics Appointment Letter for DECEMBER 13...
DEC 13 2011 > BIOMETRICS DONE
JAN 07 2011 > Received INTERVIEW Notice for FEB 1st!
JAN 14 2012 > EAD RECEIVED
FEB 01 2012 > INTERVIEW DONE we got APPROVED for conditional GREENCARD yESSSS!!!

I-751 Removal of Condition Journey
DEC 27 2013 > Sent I-751 packet Laguna Niguel Office, CSC
JAN 2 2014 > Packet sent back because of wrong filing fee (wrote $585 instead of $590)
JAN 2 2014 > Re-sent I-751 packet with the correct filing fee this time
JAN 6 2014 > They have received my packet

JAN 9 2014 > Check enchashed

JAN 12 2014> Received Biometrics Appointment

JAN 31 2014> Biometrics done!

April 30 2014> GC Approved

May 4 2014> Letter received Card in production

May 7 2014> Received 10 yr GC! WEEEEEE!!! THANK GOD!

Watch our cute wedding video!

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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

I-485A does NOT apply to spouses of US Citizens who entered with inspection and overstayed.

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

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

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kcoyclay1 Proficient

kcoyclay1   98

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

No. She does not pay the penalty. Marriage to a citizen gives her "forgiveness" and she is excluded from penalties even if she worked.

Harpa hit it right on the head. As long as she was inspected when she arrived.

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card
10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

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VanessaTony Grand Master

VanessaTony   3,567

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

Hello guys, I have friend who who's a naturalized citizen and married her out of status wife. THe wife is less than 365 days out of status, question is what appropriate form should we include in filing. Do we have to pay the penalty? What is I-485A? ENLIGHTEN ME PLEASEEEEEEEE!! Just tryin to help out a friend. THanksss all!

HER out of status wife? Is this a same-sex marriage? USCIS doesn't recognise same-sex relationships for immigration benefits.

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

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aleful Veteran

aleful   1,905

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

Hello guys, I have friend who who's a naturalized citizen and married her out of status wife. THe wife is less than 365 days out of status, question is what appropriate form should we include in filing. Do we have to pay the penalty? What is I-485A? ENLIGHTEN ME PLEASEEEEEEEE!! Just tryin to help out a friend. THanksss all!good.gif

ditto, was it a typo? you wrote married her wife. same sex marriages aren't considered for immigration purposes.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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

Some people with English as a second language mix up the words him and her. No biggie.

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

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

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ceadsearc Proficient

ceadsearc   516

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

I assume, as Harpa said, that it was a mix-up of pronouns. Based on that, no, there is no penalty to pay, and the overstay should be forgiven if there are no other extenuating circumstances.

You should file all the forms listed in the VJ AOS guide, minus the 131 (AP) if she has acquired 180 days of overstay.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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JeWcHee Explorer

JeWcHee   3

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

HER out of status wife? Is this a same-sex marriage? USCIS doesn't recognise same-sex relationships for immigration benefits.

I meant to say "HIS".......my bad. Thank you for the quick response!

K1 Visa -

AOS Timeline
AUG 24 2011 > K1 Visa POE San Francisco CA (Finally
OCT 06 2011 > Got Married in Redwood City CA (Ehem!)
NOV 14 2011 > SUBMITTED I-1485, I-765 & I-131 Application via USPS to Chicago Lockbox
NOV 18 2011 > Received text and email (I-797 Notice of action was sent via mail)
NOV 26 2011 > Received Biometrics Appointment Letter for DECEMBER 13...
DEC 13 2011 > BIOMETRICS DONE
JAN 07 2011 > Received INTERVIEW Notice for FEB 1st!
JAN 14 2012 > EAD RECEIVED
FEB 01 2012 > INTERVIEW DONE we got APPROVED for conditional GREENCARD yESSSS!!!

I-751 Removal of Condition Journey
DEC 27 2013 > Sent I-751 packet Laguna Niguel Office, CSC
JAN 2 2014 > Packet sent back because of wrong filing fee (wrote $585 instead of $590)
JAN 2 2014 > Re-sent I-751 packet with the correct filing fee this time
JAN 6 2014 > They have received my packet

JAN 9 2014 > Check enchashed

JAN 12 2014> Received Biometrics Appointment

JAN 31 2014> Biometrics done!

April 30 2014> GC Approved

May 4 2014> Letter received Card in production

May 7 2014> Received 10 yr GC! WEEEEEE!!! THANK GOD!

Watch our cute wedding video!

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