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ImmigrationQQQT

Adjustment to Permanent Resident

By ImmigrationQQQT in Bringing Family Members of US Citizens to America

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Suss&Camm
Suss&Camm

It's not about "Some say" - It is the current law. Being deportable and being deported are two different things. Being deportable simply means that if a crime was committed or anything changed in the

Umka36
Umka36

Honestly, I prefer not to know too much information about someone off the web since it can be personal.   Since you mentioned it, you were able to get health insurance while out of status bu

M&JB
M&JB

I will next time. To OP, sorry for the confusion, but if you can file for AOS soon that is better. I filed as soon as my husband got his compensation from his job.

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
16 minutes ago, ImmigrationQQQT said:

Question:

How long can you be out of status in the United States before filing for Adjusting Status to PR after marriage?

Thanks

Did you marry a USC, and what visa did you come in on? If you came in on a K-1 visa you can be out of status as long as you want to be but once you are out of status you can be deportable(but it rarely happens). There have been people here on VJ that did not adjust status for years and finally did it with no problem whatsoever. 

Coco8 Experienced

Coco8   1,042

Posted
Timeline
Posted (edited)

Technically, you can be without AOS for years, however, as said above, you could be deported or get in trouble if you cannot produce any papers. You won't be able to get an ID, you won't be able to work, for some people it is hard to get a bank account or even health insurance. 

Edited by Coco8
M&JB Collaborator

M&JB   80

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

In my own experience, I was out of status for 3 years & 10 months. Just filed for AOS this month. Some say you are deportable, but my husband and I talked to USCIS and they said that they will not deport me as long as I don't get involve in any crimes. Good luck.

Umka36 Proficient

Umka36   781

Posted
Filed: Timeline
Posted
1 hour ago, Ehri&Mark said:

In my own experience, I was out of status for 3 years & 10 months. Just filed for AOS this month. Some say you are deportable, but my husband and I talked to USCIS and they said that they will not deport me as long as I don't get involve in any crimes. Good luck.

Sure they won't deport you if you have a viable option to adjust status (minus any criminal issues that may prevent one from adjusting status), but it would be an inconvenient if you have to go to an immigration judge and tell you to file the AOS ASAP. In my opinion it's just dumb to wait such a long time to file for AOS, for whatever reason especially in the current environment. 

M&JB Collaborator

M&JB   80

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, Umka36 said:

Sure they won't deport you if you have a viable option to adjust status (minus any criminal issues that may prevent one from adjusting status), but it would be an inconvenient if you have to go to an immigration judge and tell you to file the AOS ASAP. In my opinion it's just dumb to wait such a long time to file for AOS, for whatever reason especially in the current environment. 

It's not dumb if my husband got hurt in his job and disabled so we had to file for compensation and get money to file AOS. Next time ask me first or consider a reason before stating your negative opinion. As you can see, 3 YEARS AND 10 MONTHS and nothing happened to me. Oh, and for your information also, I have a health insurance the whole time I was out of status. Thank you, bye.

Umka36 Proficient

Umka36   781

Posted
Filed: Timeline
Posted

Honestly, I prefer not to know too much information about someone off the web since it can be personal.

 

Since you mentioned it, you were able to get health insurance while out of status but couldn't get the fund for AOS?

 

What you take as negative was me saying that in this political environment that it would be stupid not to file ASAP, especially when you have the status to do so. There are so many folks that are here who aren't able to AOS.

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted (edited)
5 hours ago, Ehri&Mark said:

In my own experience, I was out of status for 3 years & 10 months. Just filed for AOS this month. Some say you are deportable, but my husband and I talked to USCIS and they said that they will not deport me as long as I don't get involve in any crimes. Good luck.

It's not about "Some say" - It is the current law. Being deportable and being deported are two different things. Being deportable simply means that if a crime was committed or anything changed in the current regulations, someone who is deportable can legally be put in removal proceedings.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
2 hours ago, Ehri&Mark said:

It's not dumb if my husband got hurt in his job and disabled so we had to file for compensation and get money to file AOS. Next time ask me first or consider a reason before stating your negative opinion. As you can see, 3 YEARS AND 10 MONTHS and nothing happened to me. Oh, and for your information also, I have a health insurance the whole time I was out of status. Thank you, bye.

It worked fine for you and for many others,  but it is still advisable to file for AOS asap for those who are able - and also advisable to make it a priority for most. 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

M&JB Collaborator

M&JB   80

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted
42 minutes ago, Umka36 said:

Honestly, I prefer not to know too much information about someone off the web since it can be personal.

 

Since you mentioned it, you were able to get health insurance while out of status but couldn't get the fund for AOS?

 

What you take as negative was me saying that in this political environment that it would be stupid not to file ASAP, especially when you have the status to do so. There are so many folks that are here who aren't able to AOS.

If you read my previous comment, I clearly stated that my husband got hurt and became disabled, so my health insurance was free. Covered by him being hurt in his job. And no, we never paid for that insurance and still not. 

M&JB Collaborator

M&JB   80

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, Suss&Camm said:

It worked fine for you and for many others,  but it is still advisable to file for AOS asap for those who are able - and also advisable to make it a priority for most. 

To be fair, I never suggested to OP to NOT file AOS. That's why I said "in my own experience." Clearly I was just sharing my own. And yes, I would have filed my AOS the moment I got here if I could.

Usagi_tsukino Collaborator

Usagi_tsukino   90

Posted
Filed: Citizen (apr) Timeline
Posted

I was out of status for a few years, i highly doubt there is a limit : )
Addressing comments above, i had no problem getting an ID (in fact, i got an ID, renewed it twice, and also got a driver's license. I needed to present a social security card, which i had, and some bill with my name and US address, which i also always had). And of course i was able to get credit cards and open a bank account. 

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
Just now, Ehri&Mark said:

To be fair, I never suggested to OP to NOT file AOS. That's why I said "in my own experience." Clearly I was just sharing my own. And yes, I would have filed my AOS the moment I got here if I could.

Since we are here to advise the OP in their concerns - It may not have been your intent, but it can easily be conceived as advise.

A disclaimer such as "I do not advise this" with the original post will clear up any confusion next time.

:)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

 
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