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AFFIDAVIT AND 944 QUESTIONS

By mtankcl9 in Adjustment of Status Case Filing and Progress Reports

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mtankcl9 Rookie

mtankcl9   0

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Hey guys so here comes the second headache of bringing my wife from out of the country. I am gathering paperwork for the AOS and I have some questions. First of all its been passed three months since she got here and yes we got married. Is it okay that I haven't sent in the AOS yet? Another question is, I am a college student and have no income yet, do I have to fill out a affidavit of support? Also can someone who is not in the household fill out a affidavit of support as a joint sponser? Thank you

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Is it okay? Well, depends on the definition of "okay".

You can still file for AOS just fine. the overstay is not a bar to AOS.

At the same time, until she does file for AOS, she will be out of status just like anybody that overstays a visa. Under the current circumstances, it's exceptionally unlikely that ICE will take any action prior to filing for AOS if you do so relatively soon. But it's not impossible either. Best thing is to file AOS as soon as you can.

 

Yes, the petitioner must always complete an I-864.

Any USC or LPR domiciled in the US can file an I-864 as a joint sponsor. Although presumably it would need to be somebody you know very well to take on that commitment.

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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