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Results 1 to 3 of 3

Thread: derivative AOS through mother's marriage

  1. #1
    Guest
    my mom's been married to an american citizen for about 2 years now. her interview is most likely gonna be in a couple of months, half a year. the thing is, my I-485 was denied because my stepfather forgot to file I-130 for me, so now he's gonna petition for me, with the complete package.
    1. should I include the last receipts and explain them what happened, or should I not mention anything about my first denial?
    2. and if my mother is going to get adjusted, will I have 2 wait some other 2 years until INS processes my I-485, or could I just go to the INS and get my passport stamped, or something like that? what papers would I need to show them if this is possible? if you can, please answer each of my questions. thank you for your advices

  2. #2
    Guest
    my mom's been married to an american citizen for about 2 years now. her interview is most likely gonna be in a couple of months, half a year. the thing is, my I-485 was denied because my stepfather forgot to file I-130 for me, so now he's gonna petition for me, with the complete package.
    1. should I include the last receipts and explain them what happened, or should I not mention anything about my first denial?
    2. and if my mother is going to get adjusted, will I have 2 wait some other 2 years until INS processes my I-485, or could I just go to the INS and get my passport stamped, or something like that? what papers would I need to show them if this is possible? if you can, please answer each of my questions. thank you for your advices

  3. #3
    The old receipts are irrelevant because the application was not properly filed. No one is going to stamp your passport for a long time, unless it is an exit stamp.

    If you were under the age of 18 when your parents got married, your step-father can file an I-130 for you. If you are under age 21 when he files the I-130, you will be considered an immediate relative and can file the I-485 along with it at the local BCIS office. Same adjustment of status procedure that your mother goes through, but starting with the new filing date.

    If you were under the age of 18 when your parents got married, but are over 21 when your father files the I-130, he has to send it to the BCIS Service Center. Eventually a visa will be available for you. Try to stay in status.

    If you were over age 18 when your parents married you will have to wait until your mother becomes a permanent resident, then she can file an I-130 at the BCIS Service Center for you. Then a long wait. Again, stay in status.

    Go to www.state.gov and look up the monthly visa bulletin for more details.

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