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I-601 New Unlawful Presence Provisons

By piff in Bringing Family Members of Permanent Residents to America

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piff Collaborator

piff   46

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Filed: Timeline
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Does this mean that if my wife overstays here on a B-2 visa, she could be forgiven (as it's in the case with US citizens) an overstay and can file for I-485 when her date becomes current? I am an LPR at this point.


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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
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How long until you become a U.S. citizen? Where is your wife now?

Can you imagine the stress of being out of status in the U.S.? Constantly worried if they are looking for you. Unable to work or drive? Relatively low independence? You'd want to put your wife through that?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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piff Collaborator

piff   46

Posted
Filed: Timeline
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How long until you become a U.S. citizen? Where is your wife now?

Can you imagine the stress of being out of status in the U.S.? Constantly worried if they are looking for you. Unable to work or drive? Relatively low independence? You'd want to put your wife through that?

Good luck

It could be 3-4 months only. She has been in and out a few times, her PD is OCT 13, 2015 - so hopefully USCIS will accept the dates for AOS applications in October and we can apply. She is in Russia now. 3 more years...

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Mrs. Wild Explorer

Mrs. Wild   87

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Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
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If I understood the documents correctly, the expansion on the provisional waivers doesn't have anything to do with adjustment of status in the US. It currently doesn't effect AOS in the US, and it sounds like that will remain the same. It's expanding the proriginal waivers to relatives of LPRS, currently only immediate relatives of USC can file I-601A.

If your spouse is out of the country and already triggered the ban, she would need a regular inadmissibility waiver (I-601) and not I-601A (stateside waiver).

USCIS

Sent I-130.........05/28/16

USPS Delivered.....05/31/16

Check cashed.......06/03/16

NOA1...............06/03/16

NOA1 (hard copy)...06/10/16

NOA2...............08/08/16

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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It could be 3-4 months only. She has been in and out a few times, her PD is OCT 13, 2015 - so hopefully USCIS will accept the dates for AOS applications in October and we can apply. She is in Russia now. 3 more years...

Since your wife is in Russia, you do realize that asking for help with a planned overstay and planned filing of the I-485 is a TOS violation on VJ right?

What you are planning is immigration fraud.

Edited by aaron2020
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TBoneTX Grand Master

TBoneTX   45,289

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Filed: Citizen (apr) Country: Ecuador
 Timeline
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Thread is locked (and is not to be restarted) for the reason above.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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