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NicMel16 Apprentice

NicMel16   3

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

My stepdaughter has been in the US on a student visa for a couple of years. She is currently using OPT Stem which expires in September 2020. She has already applied for an extension and is not eligible for another. She is unmarried and over the age of 21 and applying for graduate school. Her father, my husband, is a LPR. We want to adjust her status but I am not sure if I use the same forms to adjust my husband's status or different forms. 

 

Can anyone point me in the right direction? Thanks in advance.

IR-1/CR-1 Visa Timeline

Service Center: Nebraska Service Center

I-130 Sent via USPS: 07/08/2016

Received at Chicago Lockbox: 07/11/2016

I-130 NOA1: 07/13/2016

I-130 RFE:  None

I-130 Approved: 04/11/2017

NVC Received: 04/19/2017

Received DS-261/AOS Bill: 05/10/2017

US POE: Bahamas

 

I-485 Sent: 05/22/2017 Received: 05/23/2017

I-485 NOA1: 05/25/2017

Biometrics Appt.: 06/12/2017

I-485 Interview: 06/28/2018

I-485 Approved:

Green Card Received: 

 

I-864 Sent: 05/22/2017 Received: 05/23/2017

 

I-765 Sent: 05/22/2017  Received: 05/23/2017

I-765 NOA1: 05/25/2017

Biometrics Appt.: 06/12/2017

I-765 Approved: 09/21/2017

EAD Card Received: 10/16/2017

 

I-131 Sent:

I-131 NOA1

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Liam2021 Proficient

Liam2021   583

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted (edited)

The form still the same which is I-130. However, for this particular case AOS is a NO since it took minimum 7-8 years until the visa is available. Unless you daughter married to USC and doing AOS, another option seems like out of hand.

Edited by H&T
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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

If you didn't file an I-130 for her years ago, she won't be able to adjust status (at least anytime soon).

The Priority Date (PD) for F2B (unmarried 21+ son/daughter of an LPR) is ~5-7 years (except PH and Mexico). See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

She can't adjust status unless she is in the US and the PD is current, and she has maintained legal status since admission (overstay is not ignored).

 

If she became your stepchild before she turned 18, you can file for her instead/as well. But this is F1 category and may not be any faster (it's not currently). But no harm in having more than 1 petition at a time.

Edited by geowrian

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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Duke & Marie Proficient

Duke & Marie   1,389

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted
24 minutes ago, NicMel16 said:

My stepdaughter has been in the US on a student visa for a couple of years. She is currently using OPT Stem which expires in September 2020. She has already applied for an extension and is not eligible for another. She is unmarried and over the age of 21 and applying for graduate school. Her father, my husband, is a LPR. We want to adjust her status but I am not sure if I use the same forms to adjust my husband's status or different forms. 

 

Can anyone point me in the right direction? Thanks in advance.

I’m not sure she can adjust status, due to her category 

 

shed need i130 and current visa availability in order for her to adjust

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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geowrian Grand Master

geowrian   22,337

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

Either way, first step is filing the I-130. Then it's a waiting game. No AOS at this time.

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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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She needs to find a husband.

“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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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, Boiler said:

She needs to find a husband.

Or wife

Or employer

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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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Wife would do, Employer maybe as well.

“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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NicMel16 Apprentice

NicMel16   3

Posted
Filed: IR-1/CR-1 Visa Country: Bahamas
 Timeline
  • Author
Posted

Thank you everyone. We see if she can apply for another student visa to attend graduate school.

IR-1/CR-1 Visa Timeline

Service Center: Nebraska Service Center

I-130 Sent via USPS: 07/08/2016

Received at Chicago Lockbox: 07/11/2016

I-130 NOA1: 07/13/2016

I-130 RFE:  None

I-130 Approved: 04/11/2017

NVC Received: 04/19/2017

Received DS-261/AOS Bill: 05/10/2017

US POE: Bahamas

 

I-485 Sent: 05/22/2017 Received: 05/23/2017

I-485 NOA1: 05/25/2017

Biometrics Appt.: 06/12/2017

I-485 Interview: 06/28/2018

I-485 Approved:

Green Card Received: 

 

I-864 Sent: 05/22/2017 Received: 05/23/2017

 

I-765 Sent: 05/22/2017  Received: 05/23/2017

I-765 NOA1: 05/25/2017

Biometrics Appt.: 06/12/2017

I-765 Approved: 09/21/2017

EAD Card Received: 10/16/2017

 

I-131 Sent:

I-131 NOA1

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