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ClydesdaleCouple

How screwed are we? (fee waiver denied, now almost a year late)

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My husband and I submitted his I 751 in november, which was already a few months late with a fee waiver because currently we only have one, minimum wage income. Our packet was returned to us, stating there was not enough documentation of our financial situation and they would need the $600 fee. We finally have enough since getting our tax return but we are going on one year of his green card (2 year) being expired (July). How screwed are we? Should we be expecting a letter that says he's being deported? What will happen if he is sent home? Will he be able to return?

From the time we submitted our forms till AOS approval (112 days).

 

Timeline:

January 9, 2012 : Arrived in the United States on VWP from Scotland to visit for a few months.
March 23, 2012 : Married in Pekin, IL
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March 19, 2013 (day 1) : Forms sent into the Chicago Lockbox

March 26, 2013 (day 7) : NOA1 Reciepts for I-130, I-765, I-485; case accepted
April 4, 2013 (day 19) : Change of Address reciept
April 10, 2013 (day 25) : Biometrics appointment notice, appointment sent for April 23rd
April 15, 2013 (day 30) : RFE for I-485
April 23, 2013 (day 38) : Biometrics appointment in Naperville, IL. Super easy, no wait.
April 28 2013 (day 43) : Receipt of Evidence
May 5, 2013 (day 47) : Interview appointment to be scheduled

May 11, 2013 (day 53) : Interview set for July 9, 2013

May 27, 2013 (day 69): EAD has been ordered/sent out

June 6, 2013 (day 79): recieved EAD, applied for SSN

June 14, 2013 (day 87): Recieved SSN

July 1, 2013 (day 104): HIRED!!! (two jobs I might add!!))

July 9, 2013 (Day 112): AOS Interview @Chicago Office, APPROVED ON THE SPOT!!!

July 10, 2013 (Day 113): Illinois Drivers License!!!

July 12,2013 (Day 115): GC Production ordered

July 17, 2013 (Day 120): Green Card Recieved!!!

TWO LOVELY YEARS (July 2013 - October 2015)

October 27, 2015 (Day 1 ROC): Sent ROC packet with fee waiver and late explaination

November 11, 2015 (Day 15 ROC): Packet Denied based on lack of evidence for fee waiver

December 22nd, 2016 (Day 1 restart ROC): Packet resubmitted with better evidence

January 23rd, 2017 (Day 32 since restart ROC): Packet accepted and fee waiver approved

 

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Re-file the I-751, with better documentation of why you need a fee waiver.

Cross all your fingers and toes.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Refile the I-751 and include payment. Deportation is very unlikely. Worst case would probably be having to file to adjust status again. Get it filed and hopefully it gets accepted.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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