Question regarding NOA for AOS

[thejoz 0]

We're getting ready to officially file for AOS, and we have two main questions regarding it:

1) What is the approximate waiting time between receipt of the AOS package by the government and the NOA sent to the petitioners?

2) If the foreign spouse has filed for AOS but has not received their NOA by the time their K1 expires...what happens?

and

2a) Is the NOA actually the thing that proves legal status while awaiting AOS? Since the guides say this takes months (or even years ) then there is obviously something that is sent that confers legal status before actually getting the green card, right?

Yeah that's three questions technically, but any and all help is appreciated.

[YuAndDan 153]

1) Approx 1 month SEE: http://www.visajourney.com/timeline/aoslis...p8=All&xfr=

2) The K-1 was VOIDED apon entry, so "Expires" the moment the K-1 is used. The I-94 starts at that time and is valid for 90 days. If you mean I-94 expires, the status is AOS pending.

2a) YES NOA letter is evidence of status. And later EAD card is evicence of status until getting green-card.

You did apply for EAD at the same time as AOS? EAD based on pending I-485 (c )(9 ) costs nothing.

[thejoz 0]

1) Approx 1 month SEE: http://www.visajourney.com/timeline/aoslis...p8=All&xfr=

2) The K-1 was VOIDED apon entry, so "Expires" the moment the K-1 is used. The I-94 starts at that time and is valid for 90 days. If you mean I-94 expires, the status is AOS pending.

Well, yeah, I-94. That thing that says she's allowed to be here

2a) YES NOA letter is evidence of status. And later EAD card is evicence of status until getting green-card.

You did apply for EAD at the same time as AOS? EAD based on pending I-485 (c )(9 ) costs nothing.

We are going to apply for EAD and AOS at the same time, we haven't done it yet...we're filling the stuff out now and hope to send it off in due time.

The one question that wasn't completely answered...if her I-94 expires before she gets the NOA...does that matter? I mean...she's definitely filing before the I-94 expires...but even if we sent it off today, her I-94 will expire on August 11...and today is now July 14.

Everything we've seen seems to suggest as long as AOS is filed for before that date, we're good. Just a little more confirmation on that end and we'll be good to go

Oh! One more question!

We're just submitting Biographical information on the non USC, right? Or do I have to fill those out again too?

Thanks!

Edited July 14, 2008 by thejoz

[YuAndDan 153]

We are going to apply for EAD and AOS at the same time, we haven't done it yet...we're filling the stuff out now and hope to send it off in due time.

The one question that wasn't completely answered...if her I-94 expires before she gets the NOA...does that matter? I mean...she's definitely filing before the I-94 expires...but even if we sent it off today, her I-94 will expire on August 11...and today is now July 14.

Everything we've seen seems to suggest as long as AOS is filed for before that date, we're good. Just a little more confirmation on that end and we'll be good to go

Oh! One more question!

We're just submitting Biographical information on the non USC, right? Or do I have to fill those out again too?

Thanks!

Virtually all K-1's have expired I-94 before AOS NOA, it mattes NOT, many even file AOS after I-94 expires due to getting married within days of I-94 expiration and having to wait for marriage cert.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

And correct, only non-USC needs to provide a G-325A because it is the non-resident that is applying to adjust status, all the US citizen/spouse is providing is an I-864 or I-864EZ to provide support for the prospective immigrant.

[thejoz 0]

Good to know. We figured it shouldn't matter about getting NOA within the 90 days, because that's the responsibility of the filing center, not us. I mean, what if there were a huge backlog of AOS applications and we didn't get our NOA for 2 months, for example, despite having filed within 90 days in good faith? That would be their fault/issue, not ours.

Now, probably a stupid question, but I'll ask anyway. On the G-325a, does my wife use her new married surname as her family name? See, she applied for her SSN in her maiden name and received that a while ago, and last week we reapplied for it to be adjusted to her married name and are awaiting that in the post, so she is definitely changing her surname to mine - but for the forms?

[YuAndDan 153]

Good to know. We figured it shouldn't matter about getting NOA within the 90 days, because that's the responsibility of the filing center, not us. I mean, what if there were a huge backlog of AOS applications and we didn't get our NOA for 2 months, for example, despite having filed within 90 days in good faith? That would be their fault/issue, not ours.

Now, probably a stupid question, but I'll ask anyway. On the G-325a, does my wife use her new married surname as her family name? See, she applied for her SSN in her maiden name and received that a while ago, and last week we reapplied for it to be adjusted to her married name and are awaiting that in the post, so she is definitely changing her surname to mine - but for the forms?

Yes, If she plans on taking and using your name, then she uses her new name on all forms (I-485, G-325A, I-765, etc.)

The forms have places where maiden name can be indicated, "Other Names Used" (G-325A, I-765, ) or "Name on I-94" (I-485)

You want to use married name because if you use maiden name and later want to get name changed on the green card, it will cost you $370 to file I-90 for a name change.

[thejoz 0]

Good to know. We figured it shouldn't matter about getting NOA within the 90 days, because that's the responsibility of the filing center, not us. I mean, what if there were a huge backlog of AOS applications and we didn't get our NOA for 2 months, for example, despite having filed within 90 days in good faith? That would be their fault/issue, not ours.

Now, probably a stupid question, but I'll ask anyway. On the G-325a, does my wife use her new married surname as her family name? See, she applied for her SSN in her maiden name and received that a while ago, and last week we reapplied for it to be adjusted to her married name and are awaiting that in the post, so she is definitely changing her surname to mine - but for the forms?

Yes, If she plans on taking and using your name, then she uses her new name on all forms (I-485, G-325A, I-765, etc.)

The forms have places where maiden name can be indicated, "Other Names Used" (G-325A, I-765, ) or "Name on I-94" (I-485)

You want to use married name because if you use maiden name and later want to get name changed on the green card, it will cost you $370 to file I-90 for a name change.

Great. And again, forgive the fussiness of all these questions, but should she sign with her new signature? Makes sense if she's using her married name, but thus far, the only signature they're going to have on record of hers is her maiden-name one (obviously). She signed with her new signature when she went for her SSN adjustment, so it should be 'on file' somewhere in the next few days, but yeah...

(I know we're asking a lot of dumb stuff here, but we're in 'Holy ####### we can't afford to get a single thing wrong!' mode right now )

[YuAndDan 153]

Good to know. We figured it shouldn't matter about getting NOA within the 90 days, because that's the responsibility of the filing center, not us. I mean, what if there were a huge backlog of AOS applications and we didn't get our NOA for 2 months, for example, despite having filed within 90 days in good faith? That would be their fault/issue, not ours.

Now, probably a stupid question, but I'll ask anyway. On the G-325a, does my wife use her new married surname as her family name? See, she applied for her SSN in her maiden name and received that a while ago, and last week we reapplied for it to be adjusted to her married name and are awaiting that in the post, so she is definitely changing her surname to mine - but for the forms?

Yes, If she plans on taking and using your name, then she uses her new name on all forms (I-485, G-325A, I-765, etc.)

The forms have places where maiden name can be indicated, "Other Names Used" (G-325A, I-765, ) or "Name on I-94" (I-485)

You want to use married name because if you use maiden name and later want to get name changed on the green card, it will cost you $370 to file I-90 for a name change.

Great. And again, forgive the fussiness of all these questions, but should she sign with her new signature? Makes sense if she's using her married name, but thus far, the only signature they're going to have on record of hers is her maiden-name one (obviously). She signed with her new signature when she went for her SSN adjustment, so it should be 'on file' somewhere in the next few days, but yeah...

(I know we're asking a lot of dumb stuff here, but we're in 'Holy ####### we can't afford to get a single thing wrong!' mode right now )

Sign using new name.

Later at biometrics, they will take a signature, along with fingerprints, and a photograph.