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Aahil

AOS Through a green card holder

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

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Aahil Collaborator

Aahil   90

Posted
Filed: IR-1/CR-1 Visa Country: Bangladesh
 Timeline
Posted

HI, My friend he came to usa with a tourist visa and this was his 4th time 

This time he over statyed for 1 month already  becaz he was in love with a girl. they got married yesterday(note: the girl is green card holder not citizen)

Can he do AOS or NO?

Citizenship Timeline:

 

Service Center : Online  |  CIS Office : Philadelphia  |  Date Filed : 2018-08-23  |  NOA Date : 2018-08-24  |  Bio. Appt. : 2018-09-20  |  Interview Date : 4th April  (scheduled on 25th feb) |  RFE: 25th April. Approved : MAY 15/ In line for Oath 17th MaY |  Oath Ceremony :30th MaY

 

USCIS

13-12-2013 - Sent i-130 received

17-12-2013 - NOA1 hard copy

06-06-2014-I-130 RFE

13-06-2014 - RFE hard copy

25-06-2014 - RFE sent

01-07-2014 - RFE response review email received

22-07-2014 - NOA2 (approved in 221 days)

30-07-2014=i-130 Sent to NVC

NVC

12-08-2014 - NVC received the case

22-08-2014 - NVC case number assigned

23-08-2014 - I-864(AOS) Bill Generated

25-08-2014 - DS-261 completed online

25-08-2014 -AOS Bill paid ($ 88)

26-08-2014--AOS bill appeared as PAID

29-08-2014 - Sent I-864(AOS) Package (via USPS Certified Mail)

02-09-2014 - AOS Package Received and scanned at NVC

26-09-2014 --IV bill invoiced and paid

02-10-2014 --Iv package sent via usps

06-10-2014 --Iv package Received and scanned at nvc

08-10-2014--DS-260 completed online

14-11-2014--- checklist (AOS)

17-11-2014---- checklist sent via USPS

19-11-2014 checklist received at nvc

12-02-2015--- checklist (IV-police certificate)

17-02-2015 checklist received at nvc

11-03-2015 Case Complete

25-03-2015 - Interview scheduled

Consulate
16-04-2015 - Medical
19-05-2015 - Interview (approved) but put me on AP for no reason.

20-09-2015-Visa Issued at CEAC website
21-09-2015 - Visa in hand
01-10-2015 - POE

11-01-2016- Received 10 years green card

EM_Vandaveer Experienced

EM_Vandaveer   2,417

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

No, he cannot.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Californiansunset Proficient

Californiansunset   336

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted (edited)
4 minutes ago, Aahil said:

HI, My friend he came to usa with a tourist visa and this was his 4th time 

This time he over statyed for 1 month already  becaz he was in love with a girl. they got married yesterday(note: the girl is green card holder not citizen)

Can he do AOS or NO?

No he can not AOS within the country. He needs to leave the US and she can apply for a F2A visa for him which takes around 2.5 years. He will receive a Greencard upon completion.

He won't be able to visit her in the US in the meantime though bc of his overstay. 

Edited by Californiansunset
WeGuyGal Proficient

WeGuyGal   1,052

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

No

Hopefully your friend has ties to his home country that he needs to return to? Spouse may petition him for a spousal visa while he waits overseas. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
1 hour ago, Aahil said:

HI, My friend he came to usa with a tourist visa and this was his 4th time 

This time he over statyed for 1 month already  becaz he was in love with a girl. they got married yesterday(note: the girl is green card holder not citizen)

Can he do AOS or NO?

Not until she becomes a US citizen

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
12 hours ago, Aahil said:

HI, My friend he came to usa with a tourist visa and this was his 4th time 

This time he over statyed for 1 month already  becaz he was in love with a girl. they got married yesterday(note: the girl is green card holder not citizen)

Can he do AOS or NO?

Not until she becomes a citizen because green card holders can not have a spouse AOS here in the USA without first petitioning them.

Crazy Cat Grand Master

Crazy Cat   42,570

Posted
Filed: Citizen (apr) Timeline
Posted

Unfortunately, he made a serious mistake by overstating.  His tourist visa was automatically cancelled, and it will be impossible for him to receive another one. He can not Adjust status as a spouse of a Green Card holder.  He must leave the US and his wife must petition him......if he is still in the US now, he here illegally, and he is subject to being picked up.  He should immediately leave the US......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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