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Lyle L

Time limit to file I-485?

By Lyle L in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Crazy Cat Grand Master

Crazy Cat   41,774

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, Lyle L said:

I get it folks. She has never bene in any trouble, Doesn't drive, etc. A lot of this had to do with a medical issue she had I do not want to get into here. I maybe should consult with an attorney? Should I hire an attorney, or do most of you think we wills till be ok to move forward without one? 

Sounds like a good question for Jim Hacking's Immigration Show on Youtube.  It is a free consultation.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Daphne .
Daphne .

You can still go ahead and file for the adjustment of status, but waiting this long was very irresponsible. 

SalishSea
SalishSea

She’s been out of status a lonnnnnng time.      

Crazy Cat
Crazy Cat

Note to others:  There are no benefits in waiting to file for adjustment of status. Waiting delays getting a Green Card, delays ability to travel outside the US, delays ability to legally work, delays

Crazy Cat Grand Master

Crazy Cat   41,774

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3 minutes ago, Lyle L said:

She has never bene in any trouble, Doesn't drive, etc. A lot of this had to do with a medical issue she had I do not want to get into here.

She could have been a US citizen years ago.  Good luck on your journey. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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Yes you should hire an Attorney

“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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Dashinka Grand Master

Dashinka   24,466

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Filed: Citizen (apr) Country: Russia
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Based on our current knowledge of your specific case, it is hard to say if an attorney is needed.  You may want to consult with one, or just file the package now, and if you get any RFE's, etc., you can look at getting an attorney then.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,774

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Filed: Citizen (apr) Country: Taiwan
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5 hours ago, powerpuff said:

Not to mention it puts you at risk to be detained by ICE as it happened to one member here after being stopped for a traffic incident.

I'm sure that living in the shadows is pretty stressful. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Neonred Experienced

Neonred   3,562

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1 hour ago, Boiler said:

Yes you should hire an Attorney

Why?

If at first you don't succeed, then sky diving is not for you.

Someone stole my dictionary. Now I am at a loss for words.

If Apple made a car, would it have windows?

Ban shredded cheese. Make America Grate Again .

Give a man a fish and he will eat for a day.  Deport him and you never have to feed him again.

I started out with nothing, and I still have most of it.

I went bald but I kept my comb.  I just couldn't part with it.

My name is not Richard Edward but my friends still call me DickEd

If your pet has a bladder infection, urine trouble.

"Watch out where the huskies go, and don't you eat that yellow snow."

I fired myself from cleaning the house. I didn't like my attitude and I got caught drinking on the job.

My kid has A.D.D... and a couple of F's

Carrots improve your vision.  Alcohol doubles it.

A dung beetle walks into a bar and asks " Is this stool taken?"

Breaking news.  They're not making yardsticks any longer.

Hemorrhoids?  Shouldn't they be called Assteroids?

If life gives you melons, you might be dyslexic.

If you suck at playing the trumpet, that may be why.

Dogs can't take MRI's but Cat scan.

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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11 minutes ago, Neonred said:

Why?

To get her status adjusted.

“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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OldUser Veteran

OldUser   6,590

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14 minutes ago, Neonred said:

Why?

Overstay of 14 years is not a easy case IMHO. We don't know all the details of law enforcement interactions (if any), travel (if any), employment (if any). Higher level of scrutiny is almost guaranteed.

Edited by OldUser
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Dashinka Grand Master

Dashinka   24,466

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Filed: Citizen (apr) Country: Russia
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2 minutes ago, Boiler said:

To get her status adjusted.

If they have a relatively simple case with only the delay in filing being an issue, would an attorney be necessary?

1 minute ago, OldUser said:

Overstay of 14 years is not a easy case IMHO. We don't know all the details of law enforcement interactions (if any), travel (if any), employment (if any). 

Aren't overstays of IRs forgiven if they entered legally?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Boiler Grand Master

Boiler   45,434

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Just now, Dashinka said:

If they have a relatively simple case with only the delay in filing being an issue, would an attorney be necessary?

Because nothing has happened in 14 years. Agree that most cases are DIY but not seemingly this one.

“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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OldUser Veteran

OldUser   6,590

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11 minutes ago, Dashinka said:

If they have a relatively simple case with only the delay in filing being an issue, would an attorney be necessary?

Aren't overstays of IRs forgiven if they entered legally?

I wouldn't be surprised she's put in removal proceedings as soon as DHS learns she's still here.

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Rocio0010 Mentor

Rocio0010   5,579

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Filed: Citizen (apr) Country: Argentina
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With all these years USCIS will probably wonder if there has ever been a claim to citizenship, so worth the consult with an attorney 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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discoverusa Community Regular

discoverusa   258

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I really don't think attorney is necessary. If you can follow the guides in this website and provide all supporting documents you should be fine. Overstay is forgiven for spouses of US Citizen. 

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

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Bob in Boston Proficient

Bob in Boston   698

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Posted (edited)
3 hours ago, Dashinka said:
4 hours ago, Boiler said:

To get her status adjusted.

If they have a relatively simple case with only the delay in filing being an issue, would an attorney be necessary?

4 hours ago, OldUser said:

Overstay of 14 years is not a easy case IMHO. We don't know all the details of law enforcement interactions (if any), travel (if any), employment (if any). 

Aren't overstays of IRs forgiven if they entered legally?

My wife was a 24 year overstay. All uscis wanted to know is where she worked. nov 2018 to may 2022 Greencard to naturalazation. No lawyer

Edited by Bob in Boston
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OldUser Veteran

OldUser   6,590

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2 minutes ago, Bob in Boston said:

My wife was a 24 year overstay. All uscis wanted to know is where she worked. nov 2018 to may 2022 Greencard to naturalazation. No lawyer

Awesome, and congratulations to you and your wife. Perhaps you could let the OP know of any potential pitfalls or gotchas.

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