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CASTILLOK77 Newbie

CASTILLOK77   0

Posted
Filed: AOS (pnd) Country: Honduras
 Timeline
Posted (edited)

My husband came to the US 2 years ago and was waiting on his asylum case, which is still pending. We got married in November and decided to start the process to change his status. He has his 2 children with him (mother passed away) and I of course want to include them with his application. After researching, I think that I can file his I-765, I-131 together and all for the same fee as the I-485 if I file them jointly correct? Is there anything else I can file with that or am I missing something?

 

Any advice would be appreciated. I need a tribe to help me through this journey.

 

 

Edited by CASTILLOK77
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geowrian Grand Master

geowrian   22,337

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

* Moved from IR-1/CR-1 P&P forum to AOS from Work, Student, and Tourist Visas. OP is going through AOS process, not getting a visa. *

 

Yes, you can file all the forms together and just pay the I-130 and I-485 fees. The I-765 and I-131 do not have an additional fee in that case. The I-130A, I-864, and I-944 have no filing fees.

You cannot "include them (the kids) in the same application". You have to file I-130s and I-485s for each stepchild. This can be mailed in the same physical package to USCIS, but they are separate petitions and applications. Each one needs its own set of forms and evidence (and has its own fees).

 

Does he have an attorney for his asylum case? What did they say about filing for AOS while that is still pending?

 

Edit: Also, I'm assuming all people involved overstayed a visa. If they entered without inspection (EWI), AOS is not possible.

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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HRQX Veteran

HRQX   4,145

Posted
Timeline
Posted (edited)
1 hour ago, CASTILLOK77 said:

My husband came to the US 2 years ago and was waiting on his asylum case

How did he enter the US? As @geowrian mentioned above, if someone was EWI then that person is not eligible to submit AOS package.

1 hour ago, CASTILLOK77 said:

He has his 2 children with him

How did the children enter the US?

Edited by HRQX
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geowrian Grand Master

geowrian   22,337

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

How did he enter the US? With a visa or illegally (hopping the border)?

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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