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Filing for AOS while K3 holder is abroad

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Filed: K-3 Visa Country: Russia
Timeline

We're getting ready to file for AOS. My wife is here on a K3 visa.

We will probably get the I-693A back from Dr. Arnold in a week or two. Day after tomorrow my wife goes back to Russia to see her mother, son, grandson, and that sort of thing. She'll be gone 40 days. That is, she'll return in mid-July.

We're hoping that she'll have her green card before we return to celebrate my MIL birthday toward the end of October. (The birthday is at the very beginning of November.)

So, we're trying to time things so that USCIS events will happen while we're reliably in the States. So I'm planning on filing her papers toward the end of July, so that her biometrics appointment will probably be scheduled for a time soon after she returns.

But now, I wonder if we have a problem: she needs to turn in her current I-94 when she returns. She's signed her I-485 and it accurately states that her last entry into the USA (as of her signature date) is Atlanta. But when she returns, she'll return at LAX.

Now, questions: Is it a problem that her I-94 will have a different entry than her I-485? Is it a problem filing the I-485 while she is out of country? Am I stressing over this nonsense too much?

Thanks in advance for comments.

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

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Filed: Other Country: China
Timeline
We're getting ready to file for AOS. My wife is here on a K3 visa.

We will probably get the I-693A back from Dr. Arnold in a week or two. Day after tomorrow my wife goes back to Russia to see her mother, son, grandson, and that sort of thing. She'll be gone 40 days. That is, she'll return in mid-July.

We're hoping that she'll have her green card before we return to celebrate my MIL birthday toward the end of October. (The birthday is at the very beginning of November.)

So, we're trying to time things so that USCIS events will happen while we're reliably in the States. So I'm planning on filing her papers toward the end of July, so that her biometrics appointment will probably be scheduled for a time soon after she returns.

But now, I wonder if we have a problem: she needs to turn in her current I-94 when she returns. She's signed her I-485 and it accurately states that her last entry into the USA (as of her signature date) is Atlanta. But when she returns, she'll return at LAX.

Now, questions: Is it a problem that her I-94 will have a different entry than her I-485? Is it a problem filing the I-485 while she is out of country? Am I stressing over this nonsense too much?

Thanks in advance for comments.

I think you can just explain it at interview. Keep a copy of her I-94 though.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: K-3 Visa Country: Russia
Timeline

Thanks Pushbrk.

I meant to write that I plan to send in her papers toward the end of June. Biometrics in our city seem to happen 3-4 weeks after the papers get sent in.

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

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