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randywill

Applying for AOS, while out of status

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

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5 posts in this topic

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randywill Newbie

randywill   0

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

Hi, my wife of 9 years recieved her citenzenship a year ago. I came here as a student 10 years ago and currently out of status. Dont ask what took too long but my question is, will we get disqualified because I have been out of status and secondly been working unauthorized. Please advise. Thanks

Inky Grand Master

Inky   1,111

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

Not adjusting from a family based visa.

Adjusting from a student visa. Moving to the correct forums.

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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

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Both overstay and unauthorized work are overlooked for spouses of American citizens when they adjust status. As long as you originally entered legally with inspection and can prove that, and you have never claimed to be a US citizen, and you have not traveled outside the US since your original student status expired and been mistakenly let back in, you should be fine to adjust your status. I would do it asap though, no need to hang in limbo any longer. File the AOS paperwork, the guide for that process is here: http://www.visajourney.com/content/i130guide2

You cannot leave the US until you have the GC in hand. Also come clean about all the work you have done - and if you have not filed taxes on the income you've made, then you should file for taxes now for all the years you still can.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Xanax Proficient

Xanax   349

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

No you will not be disqualified because you are.out of status. The AOS guide above should help you!

Good luck!

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Mike X Man Enthusiast

Mike X Man   37

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted (edited)

There are more pressing matters than how long you have been out of status or unauthorized working when marrying a USC. Have any of you been married before? <-Question is very pertinent if she's Kenyan and was previously married to a USC. Were you ever put in removal proceedings? How were you able to work unauthorized as far as paperwork is concerned? Did you falsify I9 (remember it's signed under penalty of perjury) and state you were a USC? The questions you asked are the least of your concern.

PS: The IO @ the AOS interview will definitely bring up you being out of status at time of filing...and why you didn't go home.

Edited by MikeX

 

 

 
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