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Solano

Husband's Birth Certificate

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

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Solano Explorer

Solano   3

Posted
Filed: K-1 Visa Country: Colombia
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Posted

My daughter is submitting the I-130 for her husband and we noticed that his birth certificate is not on the list of the documents requested by USCIS. Is this new? He is already in the US and he came to on a Student Visa 12 years ago.

Thank you for the advise.

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pushbrk Grand Master

pushbrk   12,870

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Filed: Other Country: China
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58 minutes ago, Solano said:

My daughter is submitting the I-130 for her husband and we noticed that his birth certificate is not on the list of the documents requested by USCIS. Is this new? He is already in the US and he came to on a Student Visa 12 years ago.

Thank you for the advise.

No, it's not new.  Is he leaving the US and applying for a spouse visa from abroad, or is he adjusting status from within the USA?  For visa cases, the foreigner's birth certificate is submitted at the National Visa Center stage about a year after the I-130.  If he's staying to adjust status, his birth certificate will be needed up front, but not as part of the I-130.  You'll be submitting a total of 8 forms to adjust status.

 

Please clarify.

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pushbrk Grand Master

pushbrk   12,870

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Filed: Other Country: China
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2 hours ago, Solano said:

No. He is here and will stay here. He is working with an ITIN number and has done taxes for five years.

Thank you again for your advise.

Then you need to follow the guide and file forms for adjusting status from within the USA.

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TBoneTX Grand Master

TBoneTX   45,259

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Thread is moved from the CR-1 Process forum to the "AOS from WS&T Visas" main forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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OldUser Veteran

OldUser   6,608

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Posted (edited)
41 minutes ago, OldUser said:

Because your husband is not going through consular processing but Adjustment of Status in the US.

@Solano sorry for mistakenly saying "your husband", I misread your original post.

Edited by OldUser
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Solano Explorer

Solano   3

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Filed: K-1 Visa Country: Colombia
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Posted

After I posted on behalf of my daughter, I realized I didn't explain myself.

My daughter married a man that came to this country on a student visa from Colombia and overstayed for 12 years. My daughter is a USC and I am helping since I have some experience doing so. First time with a overstayed student, that is my confusion. Do we have to apply for a pardon or just simply file  I-130, I-485 and documents.

Thank you all.

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powerpuff Veteran

powerpuff   6,681

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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1 hour ago, Solano said:

Do we have to apply for a pardon or just simply file  I-130, I-485 and documents

Simply file the forms. Overstays are forgiven for spouses of US Citizens.

 

 

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