Mari Valdivia
Apr 29, 2024
CONSULAR PROCESSING ——> AOS
Hello everyone! I have a question please tell me what you think?
A friend is a US CITIZEN married to someone in SPAIN. She filed I-130 on 09/2023 with a lawyer that we now suspect had no clue (she only asked for documents like passport, visa, birth certificates, marriage and divorce certificates and that’s it!) no pictures, no other evidence that will or could support the bonafide marriage.
Case is still under review and pending…
He has been in the US a few times since filing with his current TOURIST VISA, no problem.
He is currently in the US and they want to change/modify I-130 selection from consular processing to AOS inside the US (per what we read online at USCIS website he could send a request online to make the change as long as the I-130 is still pending… which it is). They sent this request 04/24 and received an email that said: USCIS will review and process the request and they should expect a reply by 05/24… the question is DOES HE NEED TO WAIT TILL HE GETS AN ANSWER OR RESPONSE FROM USCIS TO FILE AOS? or can he file the AOS now? THANK you for your feedback
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Mel TZApr 29, 2024
from what i know the lawyer asked just for the required documentation(she did just what is needed) . the rest of the things you listed are optional. they can still send the unsolicited evidence under the case number.
Elsa CarvajalApr 29, 2024
also the bonafide evidence is usually shown in interviews and or when they ask for it if marriage seems fake
Elsa CarvajalApr 29, 2024
i believe he has to wait 90 days from las arrival before he can just file the AOS
Geraldine Esther Pierrette Apr 29, 2024
she can start with these papers and then the embassy will ask for proof of evidence
Mari ValdiviaApr 29, 2024
He is not going to do CONSULAR PROCESSING he is currently inside US and wants to stay and AOS , currently waiting for what USCIS told him about the change|modification on I-130 petition from consular processing to AOS selection. My question is if they can file I-485 now or if they need to wait till USCIS responds back with modification done. He wants to submit ppw as soon as possible he has everything ready to file
