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AOS issues with approved I 130

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  • AOS issues with approved I 130

    Hello all. This is a great site with a wealth of information so I would like to see if anyone here can give me some insights on my options with this issue.
    I became a US citizen in 2000 and decided to petition for my married son who came to the US prior and overstayed on a
    visitors visa which expired in 2000. My priority date is 05/11/2002. I received a letter from USICS dated 06/05/2005 stating that "The
    Above petition has been approved. The petition indicates that the person who you are petitioning is in the United States will be
    applying for adjustment of status. The information submitted with the petition shows that the person whom you are petitioning is not
    eligible to file adjustment of status at this time. Until the person whom you are petitioning files an adjustment of status application or
    a immigrant visa, this approved petition will be stored in this office"

    When I filed the I-130, I thought I filed a I-485 along with it but when I called ISCIS to get more information, they told me that they
    had nothing in their system that indicated an AOS was filed so here are my questions.

    1. Are there any other ways which he may be able to file for AOS since he was not eligible under the 245i because I filed his petition after
    the deadline

    2. My has been divorced since his I-130 approval, should I update the application so it reflected as him being unmarried.

    3. If he was to re-marry to is fiance who is a US citizen, can he file the AOS petition with his wife under his approved family petition without starting over the entire process of filing a new I 130.

    I would appreciate any information you can provide to the matter. Thanks

  • #2
    Hello all. This is a great site with a wealth of information so I would like to see if anyone here can give me some insights on my options with this issue.
    I became a US citizen in 2000 and decided to petition for my married son who came to the US prior and overstayed on a
    visitors visa which expired in 2000. My priority date is 05/11/2002. I received a letter from USICS dated 06/05/2005 stating that "The
    Above petition has been approved. The petition indicates that the person who you are petitioning is in the United States will be
    applying for adjustment of status. The information submitted with the petition shows that the person whom you are petitioning is not
    eligible to file adjustment of status at this time. Until the person whom you are petitioning files an adjustment of status application or
    a immigrant visa, this approved petition will be stored in this office"

    When I filed the I-130, I thought I filed a I-485 along with it but when I called ISCIS to get more information, they told me that they
    had nothing in their system that indicated an AOS was filed so here are my questions.

    1. Are there any other ways which he may be able to file for AOS since he was not eligible under the 245i because I filed his petition after
    the deadline

    2. My has been divorced since his I-130 approval, should I update the application so it reflected as him being unmarried.

    3. If he was to re-marry to is fiance who is a US citizen, can he file the AOS petition with his wife under his approved family petition without starting over the entire process of filing a new I 130.

    I would appreciate any information you can provide to the matter. Thanks

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ManJa:
      Hello all. This is a great site with a wealth of information so I would like to see if anyone here can give me some insights on my options with this issue.
      I became a US citizen in 2000 and decided to petition for my married son who came to the US prior and overstayed on a
      visitors visa which expired in 2000. My priority date is 05/11/2002. I received a letter from USICS dated 06/05/2005 stating that "The
      Above petition has been approved. The petition indicates that the person who you are petitioning is in the United States will be
      applying for adjustment of status. The information submitted with the petition shows that the person whom you are petitioning is not
      eligible to file adjustment of status at this time. Until the person whom you are petitioning files an adjustment of status application or
      a immigrant visa, this approved petition will be stored in this office"

      When I filed the I-130, I thought I filed a I-485 along with it but when I called ISCIS to get more information, they told me that they
      had nothing in their system that indicated an AOS was filed so here are my questions.

      1. Are there any other ways which he may be able to file for AOS since he was not eligible under the 245i because I filed his petition after
      the deadline

      2. My has been divorced since his I-130 approval, should I update the application so it reflected as him being unmarried.

      3. If he was to re-marry to is fiance who is a US citizen, can he file the AOS petition with his wife under his approved family petition without starting over the entire process of filing a new I 130.

      I would appreciate any information you can provide to the matter. Thanks </div></BLOCKQUOTE>

      So in short you are asking which is the easiest and shortest route to further defraud USCIS. Obviously, your son overstayed the visa. The real intent to come to USA was never conveyed to embassy that approved the visa. Now since he is in the country, lets see what we can do to keep him here.
      If Democrats Had Any Brains, They'd Be Republicans

      Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ManJa:
        When I filed the I-130, I thought I filed a I-485 along with it but when I called ISCIS to get more information, they told me that they had nothing in their system that indicated an AOS was filed so here are my questions. </div></BLOCKQUOTE> Even if you filed I-485, it wouldn't make any difference. If you did file I-485 it was probably voided as your son couldn't apply for adjustment of status at that time (has to wait for a visa number to become available)
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ManJa:
        1. Are there any other ways which he may be able to file for AOS since he was not eligible under the 245i because I filed his petition after the deadline

        2. My has been divorced since his I-130 approval, should I update the application so it reflected as him being unmarried.

        3. If he was to re-marry to is fiance who is a US citizen, can he file the AOS petition with his wife under his approved family petition without starting over the entire process of filing a new I 130.

        I would appreciate any information you can provide to the matter. </div></BLOCKQUOTE>

        1. no (based on info you provided)
        2. yes, it is a different category (F1 insted of F3) and visa number becomes available at different times
        3. no, his wife would have to petition for him with a new I-130. Your approved I-130 means - USCIS is satisfied that he is your son who you can petition for since you are USC.

        Comment



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