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Bella77

Married 11 years ago, just now filling I-485

By Bella77 in Adjustment of Status from Work, Student, & Tourist Visas

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Bella77 Newbie

Bella77   0

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Filed: Other Country: Germany
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Hello !

I'm new here and I've couple questions. I came to the States in 2008 on Visitor Visa, we got married before 90 days were over but I never filled my paper work because of financial problems. So, now finally after being married for almost 11 years I'm able to get my paper work done. Am I gonna have any problems because of the time passed ? Second question is; my daughter came here with me but at this moment I'm only able to pay for one application, is that gonna cause any problems or should I wait till I have money for both applications ? Thank you for your help ! 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Assuming your spouse is a US citizen, the overstay will not be a bar for AOS. The case will be adjudicated based on the merits of the case, mostly if the marriage is bona fide.

 

I'm a little confused, though. If financial struggles are so severe that you can only afford one application (and it took 11 years...?), what is your plan for the I-864 to show that you won't become a public charge? The AOS application fees are only a small portion of the financial obligations.

Please don't take that the wrong way....it's just a little confusing.

Note that you can pay by credit card if needed.

The sooner you apply for AOS + AP + EAD (AP + EAD is no extra cost!), the sooner you can work.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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USS_Voyager Experienced

USS_Voyager   1,972

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10 minutes ago, Bella77 said:

Am I gonna have any problems because of the time passed ?

No

 

10 minutes ago, Bella77 said:

Second question is; my daughter came here with me but at this moment I'm only able to pay for one application, is that gonna cause any problems or should I wait till I have money for both applications ?

Well, then she still is subject to deportation if the authority somehow get her. 

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Nitas_man Experienced

Nitas_man   3,100

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Filed: Other Country: Saudi Arabia
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26 minutes ago, Bella77 said:

Hello !

I'm new here and I've couple questions. I came to the States in 2008 on Visitor Visa, we got married before 90 days were over but I never filled my paper work because of financial problems. So, now finally after being married for almost 11 years I'm able to get my paper work done. Am I gonna have any problems because of the time passed ? Second question is; my daughter came here with me but at this moment I'm only able to pay for one application, is that gonna cause any problems or should I wait till I have money for both applications ? Thank you for your help ! 

Be best to do whatever you can to file both

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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Is she DACA?

“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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little immigrant Proficient

little immigrant   801

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57 minutes ago, Bella77 said:

my daughter came here with me but at this moment I'm only able to pay for one application, is that gonna cause any problems or should I wait till I have money for both applications ? Thank you for your help ! 

Please don't screw her like that. If you must, file for her first. File for both ideally at the same time of course. People here often advice to borrow money or that the USC takes two jobs. Once both of you have EAD, both of you can contribute. She's already at an age where she can and should work imo

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HRQX Veteran

HRQX   4,145

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28 minutes ago, Bella77 said:

19

I assume your spouse is a US citizen. I also assume your daughter is unmarried. If so, I recommend that you apply together with your daughter, ASAP. Your spouse should file for your daughter before she ages out: https://www.uscis.gov/greencard/child-status-protection-act "CSPA for Immediate Relatives"

USCIS forms:

  • I-130 petition for you filled and signed by your US citizen spouse
  • I-130A spouse supplement filled and signed by you
  • I-485 application filled and signed by you (include I-864 packet or equivalent; i.e. if you can be credited with your spouse's SSA credits you might be eligible to use I-864W instead)
  • (Optional but highly recommended) I-765 and I-131 filled by you. They are both free to file.
  • I-130 petition for your daughter filled and signed by your citizen spouse
  • I-485 application filled and signed by your daughter (include I-864 packet or equivalent)
  • (Optional but highly recommended) I-765 and I-131 filled by your daughter. They are both free to file.
Edited by HRQX
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