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On the final stage of preparing AOS package need some reassurance please!

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

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wavj Community Regular

wavj   26

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

Please help to to ease my mind about this situation,

My last date of arrival was 12/20/2002 using F1 visa and POE was an airport. I do not remember any details of that entry other than my ex husband and I flew to Houston after spending few days in Mexico vising our family. I DO NOT HAVE RECORD of that entry in my passport and do not know why! all I have is a F1 Visa and a paper 1-94 expiration D/S which I used to travel to Mexico and come back; I am thinking I definitely had to have my I-20 with me at the time of the arrival. I never went back to Mexico after that.

After my ex husband was granted H1B visa, the company hired a law firm that took care of all the immigration forms and procedures for us, I have a copy of the form they sent to INS -back then- "Application to Extend/change Nonimmigration Status" from F1 to H-4 in which appears my last date of entry as 12/20/2002. The visa was approved and I received a new I-94 in the mail for that visa.

After getting divorced I switched back to F1 with no problem, received a new I-94 in the mail for this visa and that was my last visa which is expired for over 7 years now.

So, I will be sending copies of my expired passport with first F1 visa and the one I used to enter to US last time. The passport it's expired and the date of entry stamp as well as the stamp in the paper I-94 is 05/20/2012. That is all I have right now in my hands as well as the applications forms to change my status which was successfully approved.

Do you think this could raise any flags? Why in the world could happen that I do not have any stamp on my passport at the time of my last entry on Dec 2002? Please share your thoughts.

Thanks in advance

dAdjusting from F1

05/21/14 Package sent via FedEX

05/23/14 (day 1) Package delivered Chicago Lockbox 10:29am signed by J.Chyba

05/29/14 (day 6) emal/txt message NOA1

06/03/14 (day 11) paper NOA1 arrived in the mail

06/07/14 (day 15) Biometrics notice in the mail/ appointment June 19, 2:00pm

06/19/14 (day 27) Biometrics done

06/26/14 (day 34) email notification I-485 case status "Testing and Interview"

07/18/14 (day 56) email/txt notification Interview letter was sent on the mail. Interview date 08/20/14

07/21/14 (day 59) hard copy in the mail for AOS interview date

08/05/14 (day 74) email/txt notification EAD card is in production (59 days after Biometrics)

08/08/14 (day 77) email/txt notification EAD card has been mailed

08/09/14 (day 78) EAD in hand (4 days after "card production" notification)

08/20/14 (day 89) AOS Interview -APPROVED!!! 2 hrs after interview received text/email notification "card in production". 5 hrs after interview received text/email notification I-130 has been approved/notice of permanent resident status has been registered

08/28/14 (day 97) NOA2/Welcome to USA notice arrived in the mail

08/28/14 (day 97) email/txt notification Green Card has been mailed with tracking # -sent priority mail 2-Day

08/29/14 (day 98) GREEN CARD in hand delivered at 1:17pm . Yes it is green! :dance::D:dance::D:dance::D:dance:

RoC

08/01/16 I-751 sent via USPS Express Mail

08/02/16 (Day 1) Package delivery confirmation USPS 10:17am PDT

08/04/16 (Day 3) Check cashed

08/06/16 (Day 5) NOA I-797 Received on the mail dated 08/02/2016

09/20/16 (Day 50) 45 days after receiving NOA -1yr permit extension- I filed service request to inquire about Biometrics appointment letter

09/29/16 (Day 59) Biometrics appointment letter received dated 9/24/16

10/11/16 (Day 71) Biometrics completed. *Also, received on the mail response letter from previous service request filed with copy of Biometrics appointment letter.

11/11/17 (Day 466) Case Status changed to New Card Production

11/16/17 (Day 471) Case Status indicate  New Card being sent on the mail .:dance::dance::D:dance::dance::dance:

11/17/17 (Day 472) I-797  Notice of Removal of Condition being approved received in the mail.

11/20/17 (Day 475/15 months 18 days) New Lawful Permanent Resident arrived in the mail; card in hand at last! :dancing:

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HollyGolightly Enthusiast

HollyGolightly   72

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

It seems from the info you provided that you did enter the US using a valid visa and overstayed. Now you are preparing to AOS but I am confused about your basis for AOS. You mentioned that your husband (or is it ex) is an H1B-- so I assume you are not adjusting thru him. Did you remarry? A USC I suppose? Filing your timeline could be helpful and getting accurate advice, if you ever find the time to do that.

The good news, if you are filing AOS through marriage with a USC spouse, is that overstay is forgiven. The documents you've already collated (1-94 and previous visas) should be helpful in filing your petition. The important thing is that you entered with inspection. Other than that, yours should be a straight forward case of AOS. Good luck!

Sein oder Nichtsein, das ist heir die Frage.

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wavj Community Regular

wavj   26

Posted
Filed: AOS (apr) Country: Mexico
 Timeline
  • Author
Posted (edited)

It seems from the info you provided that you did enter the US using a valid visa and overstayed. Now you are preparing to AOS but I am confused about your basis for AOS. You mentioned that your husband (or is it ex) is an H1B-- so I assume you are not adjusting thru him. Did you remarry? A USC I suppose? Filing your timeline could be helpful and getting accurate advice, if you ever find the time to do that.

The good news, if you are filing AOS through marriage with a USC spouse, is that overstay is forgiven. The documents you've already collated (1-94 and previous visas) should be helpful in filing your petition. The important thing is that you entered with inspection. Other than that, yours should be a straight forward case of AOS. Good luck!

Thank you HollyG. I am more than happy to start my timeline but since I haven't sent any form yet, how do I start it?

I am married to a USC and I have a divorce decree from my previous marriage. I did overstay after my F1 visa expired when I could not stay in school.

I read in other forums by doing a search on google about this specific situation " yes it is common especially in cases of F-1 s with a D/S annotation since their admission is not time specific. it will not create a problem as your brief departure of less than 30 days did not cut off your stay in the U.S." and this is good news because we were in Mexico for about a week of not less.

Edited by MrsHall99

dAdjusting from F1

05/21/14 Package sent via FedEX

05/23/14 (day 1) Package delivered Chicago Lockbox 10:29am signed by J.Chyba

05/29/14 (day 6) emal/txt message NOA1

06/03/14 (day 11) paper NOA1 arrived in the mail

06/07/14 (day 15) Biometrics notice in the mail/ appointment June 19, 2:00pm

06/19/14 (day 27) Biometrics done

06/26/14 (day 34) email notification I-485 case status "Testing and Interview"

07/18/14 (day 56) email/txt notification Interview letter was sent on the mail. Interview date 08/20/14

07/21/14 (day 59) hard copy in the mail for AOS interview date

08/05/14 (day 74) email/txt notification EAD card is in production (59 days after Biometrics)

08/08/14 (day 77) email/txt notification EAD card has been mailed

08/09/14 (day 78) EAD in hand (4 days after "card production" notification)

08/20/14 (day 89) AOS Interview -APPROVED!!! 2 hrs after interview received text/email notification "card in production". 5 hrs after interview received text/email notification I-130 has been approved/notice of permanent resident status has been registered

08/28/14 (day 97) NOA2/Welcome to USA notice arrived in the mail

08/28/14 (day 97) email/txt notification Green Card has been mailed with tracking # -sent priority mail 2-Day

08/29/14 (day 98) GREEN CARD in hand delivered at 1:17pm . Yes it is green! :dance::D:dance::D:dance::D:dance:

RoC

08/01/16 I-751 sent via USPS Express Mail

08/02/16 (Day 1) Package delivery confirmation USPS 10:17am PDT

08/04/16 (Day 3) Check cashed

08/06/16 (Day 5) NOA I-797 Received on the mail dated 08/02/2016

09/20/16 (Day 50) 45 days after receiving NOA -1yr permit extension- I filed service request to inquire about Biometrics appointment letter

09/29/16 (Day 59) Biometrics appointment letter received dated 9/24/16

10/11/16 (Day 71) Biometrics completed. *Also, received on the mail response letter from previous service request filed with copy of Biometrics appointment letter.

11/11/17 (Day 466) Case Status changed to New Card Production

11/16/17 (Day 471) Case Status indicate  New Card being sent on the mail .:dance::dance::D:dance::dance::dance:

11/17/17 (Day 472) I-797  Notice of Removal of Condition being approved received in the mail.

11/20/17 (Day 475/15 months 18 days) New Lawful Permanent Resident arrived in the mail; card in hand at last! :dancing:

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  • 4 months later...
NellyandNicky Contributor

NellyandNicky   3

Posted
Filed: Country: Brazil
 Timeline
Posted

The stamp might have faded away.

I have many stamps on my passport and the only legible is of 2002(coincidentally), all the other ones are barely there or gone.

2002 was also the last time I was out of the country, so that was my last stamp.

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