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Solano

Married to a Dreamer in the US

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

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Solano Explorer

Solano   3

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Filed: K-1 Visa Country: Colombia
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I am trying to help a relative on his trip about filing the right application with USCIS. My relative just married his girlfriend in the State of Florida. He is a US citizen for many years. His new wife came to America when she was 2 years old with her parents and never went back to her native country and never obtained a Green Card. Now married, they want to start the process with Immigration in order to obtain legal documents.

Question: What form or application does he need to complete?

Thank you.

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
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16 minutes ago, Solano said:

I am trying to help a relative on his trip about filing the right application with USCIS. My relative just married his girlfriend in the State of Florida. He is a US citizen for many years. His new wife came to America when she was 2 years old with her parents and never went back to her native country and never obtained a Green Card. Now married, they want to start the process with Immigration in order to obtain legal documents.

Question: What form or application does he need to complete?

Thank you.

The question is if she is in fact a dreamer AND filed for DACA or if she is just here illegally?

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Illiria Proficient

Illiria   980

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Filed: Citizen (apr) Country: United Kingdom
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22 minutes ago, Solano said:

She is under Daca. Has a College Degree and a good job.

Was her entrance at 2 years old inspected or not (did they cross the border without inspection or did she overstay a visa)?

 

If not inspected did she apply for, obtain, and use advance parole?

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
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5 minutes ago, Solano said:

Her family (mom, dad and her) came from South America with a tourist visa 21 years ago and decided to stay.

Then that makes it a lot easier for your relative and his wife. Since they are married now all they have to do is file for AOS.

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Illiria Proficient

Illiria   980

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Filed: Citizen (apr) Country: United Kingdom
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6 hours ago, Solano said:

I need more help. She is not a resident. How can she adjust her status? I guess filing the I-130?

Do they have documentation that they entered on the tourist visa? What do you mean she is not a resident, do you mean she is no longer in the country or that she doesn’t have a green card? She becomes a resident as the spouse of a us citizen.

 

If they have documentation of having entered using the tourist visa and having gone through an official entrance to the us (inspected) then apply for adjustment of status by concurrent filing of the spousal Petition and adjustment of status form, use the guides here at the top of the page and also the guides on the USCIS website. 

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
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6 hours ago, Solano said:

I need more help. She is not a resident. How can she adjust her status? I guess filing the I-130?

Please when you are responding to someone then please hit the quote tab and then type in your message. That way the person can see that you responded back to them. Thank you @Illiria for answering that question

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Ontarkie Grand Master

Ontarkie   14,224

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Filed: Citizen (apr) Country: Canada
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~~Duplicate thread removed. Please only start one thread for the same or related topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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Posted (edited)

Best help you can give to your relative is to join VJ and ask their own question, do a bit of reading, it is all here.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sparkles_ Proficient

sparkles_   456

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Filed: AOS (apr) Country: Morocco
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Posted (edited)

First, obtain proof of her entrance on the tourist visa. This may or may not be documented in her DACA stuff, I am clueless about DACA so take a look at it..... Maybe she has her old passport she entered on with the visa in it? 

 

Once you have that, she and her spouse would file the i130, i485 and accompanying forms, proofs, send photos all at once, and pay the fees. In theory it should progress like a normal AOS. 

Edited by sparkles_

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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