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Can she AOS through marriage or no?

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

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visasandheadaches Rookie

visasandheadaches   14

Posted
Filed: Timeline
Posted

I have a question....A friend would like to get married to a lady from Mexico, however she entered without inspection for the first time in the year 2000, and then three years later, she went back, got a B1 visa, returned, overstayed and has been here ever since. They would like to get married, but can they do a simple AOS or will there be problems because of her entering the first time without inspection??? ...

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amaguirr Apprentice

amaguirr   0

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

If she got a B1 visa after returning to Mexico I guess the US government never knew she had entered the country before as an illegal. Based on that I would say they should be able to do a simple AOS but my best advice is for them to get a lawyer in order to know what their options are.

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Penguin_ie Grand Master

Penguin_ie   5,993

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

***MOving from AOS from Family Visa to AOS from Tourist Visa ***

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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ceadsearc Proficient

ceadsearc   516

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

They can apply but the immigrant spouse will have to return to their own country for the interview & get a waiver. However, they did just announce some changes to promote family unity in this regard, have a look here: http://www.dhs.gov/news/2013/01/02/secretary-napolitano-announces-final-rule-support-family-unity-during-waiver-process

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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amykathleen2005 Proficient

amykathleen2005   441

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

You'd have thought having broken immigration law the first time entering without inspection that she wouldn't have tried it a second time to overstay!

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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

I'd be worried that she lied on her B2 application and will be denied for misrepresentation. Check with a lawyer.

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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