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AOS from Tourist Visa married to U.S Born Citizen

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

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rcjr Apprentice

rcjr   0

Posted
Filed: AOS (pnd) Timeline
Posted

HI everyone! My wife and I are just about ready to file for AOS and want to make sure we qualify.

We met through her sister a coworker of mine in 2009, dated and fell in love. She overstayed her tourist visa and has never left the country since.We got married December 2012 and had our baby girl in the Summer of 2013. I have a clean record:never been arrested, no misdemeanors or felonies of the sort.

We have been compiling as much as we can to document our marriage (cable, cell phone bills, joint bank account and not much more). We applied for an ITIN and have two years of filing MFJ on my taxes. I had her added on to my credit card but was unable to add her to our lease due to not having an SSN.

I make enough to be her sole sponsor according to these guideline for a family of 3 (My daughter, wife and I).http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

I've been following this guide but just want to verify if we qualify for AOS http://www.visajourney.com/content/i130guide2

We've decided on not waiting for the 2 years of marriage to apply for her residency and get it done ASAP. Just waiting for her to update her "Matricula" with our new address.

Any advice or suggestions would be sincerely appreciated.

Thank you!

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aussie_jason Rising Star

aussie_jason   195

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

As long as your wife entered the country legally, which she must have if she had a tourist visa and she hasn't impersonated a US citizen in order to work then you should be fine as both overstays and working without authorization are forgiven when adjusting status to Legal Permanent Resident through marriage to a USC.

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rcjr Apprentice

rcjr   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

As long as your wife entered the country legally, which she must have if she had a tourist visa and she hasn't impersonated a US citizen in order to work then you should be fine as both overstays and working without authorization are forgiven when adjusting status to Legal Permanent Resident through marriage to a USC.

She did, just a little nervous as you can imagine. We will be filing on our own without an attorney, but it looks like we qualify :)

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carocaro Enthusiast

carocaro   22

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

Just keep reading on here...try not to be terrified. Overstay and marriage that changes status aren't popular discussion on this site because it appears to others on the list like we have taken the cheating route, but it happens! (Voice of experience here)

Complete your paperwork and be honest...and keep on reading. Try and skip the scary stuff that isn't about your situation ;-)

:-)

Caro

Caro

...........
2010-07-07 visit to my 2nd home in Phoenix, US
2010-07-24 got married!
2010-09-17 filed AOS
2010-09-23 NOA
2010-10-19 BIO
2010-12-14 Interview Phoenix, AZ
2010-12-15 Approval notice received
2010-12-24 Green Cards received for me & son
............
2012-09-15 I-751 sent
2012-09-25 I-797, NOA received
2013-01-16 BIO

2013-06-13 Approval notice received

2013-06-27 10yr Green Cards received for me & son

............

2013-09-27 N-400 Naturalization application sent

2013-10-03 Priority Date

2013-10-07 N-400, NOA received

2013-10-11 I-797C, NOA received

2013-10-25 BIO (notice bio done last 10 months ago)

2013-11-14 In line

2013-12-13 online status changed to "Scheduled for Interview"

2013-12-18 letter for interview

2014-01-21 Interview date that I had to request change due to travel

2014-02-18 Interview in Phoenix

2014-02-22 Naturalization Oath Ceremony - I am officially a dual citizen Canadian/American

...........

2015-11-04 N-400 Naturalization application sent for SON aged 20

2015-11-09 N-400, NOA rec'd for son

2015-11-20 I-797C, NOA rec'd for son

2015-12-02 BIO for son

2015-12-04 In line

2016-01-29 online status changed to "Scheduled for Interview" for son

2016-02-03 letter for interview for son

2016-03-07 Interview in Phoenix for son

2016-03-25 Naturalization Oath Ceremony for my son - he is officially a dual citizen Canadian/American

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rcjr Apprentice

rcjr   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Just keep reading on here...try not to be terrified. Overstay and marriage that changes status aren't popular discussion on this site because it appears to others on the list like we have taken the cheating route, but it happens! (Voice of experience here)

Complete your paperwork and be honest...and keep on reading. Try and skip the scary stuff that isn't about your situation ;-)

:-)

Caro

Thank you! I'm not worried about it not being a legit marriage, it is :) I just want to make sure that we qualify for AOS. I've lurked long enought to be thrown off by horror stories, mainly if she left and applied for any other type of visa she would automatically get a 10 year ban. The fear of denial is greater now that we have a daughter and although it is a possibility we have faith due to others positive experiences and our circumstance.

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

At this point AOS is your best option and there is no reason why she should not do it. If she entered the US with a visa, no matter how long ago, you should have no problems. If she leaves, she will be subject to a ban, which will be forgiven but it will take time and money. You probably will not need a lawyer.

Good luck!

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rcjr Apprentice

rcjr   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

At this point AOS is your best option and there is no reason why she should not do it. If she entered the US with a visa, no matter how long ago, you should have no problems. If she leaves, she will be subject to a ban, which will be forgiven but it will take time and money. You probably will not need a lawyer.

Good luck!

we are petrified of our family being separated which is why we're so gratefull that we came across this site and AOS is applicable in our case. Just want to make sure we follow the guidelines and guides for mailing the package!

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