I 130 petition and AOS I-485

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bongob99

New Member
My girlfriend overstayed her tourist visa before we got married in November 2013. From what I know, I will need to file form I-130 (completed by me) and the form I-485 (AOS - completed with by her) and send it to the Chicago lockbox. Can someone confirmed that this is the process?

Another question I have is:

My girlfriend who is my wife now, has a daughter in the Philippined and is 7 years old. Who can petition for her? what form should I use? When can the petition be filed? etc... If someone can walk me through this process also, it will be greatly appreciated.
 
bongob99 said:
My girlfriend overstayed her tourist visa before we got married in November 2013. From what I know, I will need to file form I-130 (completed by me) and the form I-485 (AOS - completed with by her) and send it to the Chicago lockbox. Can someone confirmed that this is the process?
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If you're a US citizen, you'll file I-130, she'll file I-485, but there are other forms to be completed including the I-693 medical. See http://forums.immigration.com/showt...een-Card-Do-it-Yourself&p=1975217#post1975217

Note that if she has overstayed for more than 180 days she may be refused entry if she leaves the US and tries to use the I-131/Advance Parole to reenter.

If you are NOT a US citizen, she won't be eligible for Adjustment of Status due to her overstay.

Another question I have is:

My girlfriend who is my wife now, has a daughter in the Philippined and is 7 years old. Who can petition for her? what form should I use? When can the petition be filed? etc... If someone can walk me through this process also, it will be greatly appreciated.
Click to expand...

You can file I-130 for your stepdaughter right now to initiate the process. 4 to 9 months later (approx.) there will be additional papers to file to set up an interview at the consulate in the Philippines. Your wife will have to provide proof that she is the mother, and that she has legal custody and the right to remove the girl from the Philippines permanently.
 
My mom is waiting for a decision on her I-485 and I -130 application. She already recieved travelling and work cards. We received a letter from USCIS back in Nov that it may take about 6 months to make a decision on her case. Also per USCIS she falls under the category of potential waiver. My mom is in US since March 2013 and want to visit her home country. Can someone let me know if travelling on the traveling card is safe and what would happen if we recieve her green card while she is out of US. How can she enter when she is back. Do we have to mail her green card so she can enter US or she can enter on travelling document without any issue? Appreciate feedback from anyone who is familiar or have experience with this. Thanks.
 
soul71 said:
Can someone let me know if travelling on the traveling card is safe ....
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If she overstayed for 180+ days before filing the I-485, it's not safe for her to travel outside the US without receiving the green card itself. If you have more questions please start your own thread.
 
She was in US in Mar 2013 and filed her I-485 in July 2013. I believe she is safe to travel. Thanks for your quick feedback, Jack.
 
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