AOS approved on interview yesterday

[heckled 0]

We got our AOS case approved on interview yesterday in USCIS San Jose, CA office.

We did our AOS from visitors B2 visa.

Just wanted to share the whole experience. Perhaps, someone will find it useful and is in similar situation looking for answers.

The whole case from mailing a package to getting AOS approved took 178 days and went very smoothly without any problems. Timeline was as follows:

Mar-25 - I130, I131, I765, I485(including I693 and I864) package sent with delivery confirmation to USCIS lockbox.

Mar-27 - package received by USCIS

Apr-2 - checks cashed

Apr-4 - NOA for all forms received

Apr-7 - biometrics appointment notice received

Apr-19 - biometrics completed

May-21 - I131 approved

May-21 - EAD card production ordered

May-30 - EAD card received

May-31 - AP received

Jul-31 - interview appointement notice received

Sep-19 - interview at USCIS San Jose, CA field office. Case approved, passport stamped with I551 (temp green card).

Interview too 30 minutes or so and officer basically went through information provided on application and petition. We were asked to show marriage certificate (original), family photos (officer decided to keep a few and attached to the file), credit cards, bank statement, medical insurance card to prove that marriage is real, I guess. Other than that, there was nothing special at all, no tricky questions, everything was handled in professional and corteous manner. At the end, officer just said that he is approving our application. We gave back EAD and AP and he stamped passport of my wife with I551 and said that actual card should arrive in mail in two weeks to two months.

We couldn't have asked for better outcome of the whole case. I was impressed how fast the whole case was processed - less than 6 months is pretty good. In fact, I kept checking processing times published on USCIS web site and they had nothing to do with the times that we actually had with our applications - our where handled way quicker than published processing times.

As I mentioned, we have dedcided to go AOS from B2 visitors visa as opposed to going typical I130 and immigrants visa processing and interview overseas. It proved to be a right choice since it was handled so much quicker. There was this speculation that spouse is not allowed to do AOS from B2 since it can be interpreted as visitor coming into the country with intent to immigrate. This question didn't even arise during interview. Even if it did, there were no intent to immigrate since my wife was here on B2 and during here stay I got naturalized after waiting longer than a year. Since she was here, after talking to couple of friends who did AOS from B2 and also got encourage by lawyer, we decided to go this way and it proved to be right decision. And also, if you read I-130 instructions carefully, it clearly says that if spouse in legally in US he/she can adjust by filing I130 and I485 simultaneously. Since my wife entered states legally I didn't see why shouldn't we adjust.

While waiting for an interview we have even used AP and travelled abroad. On the entry back she was proled to US for 1 year.

Hope that this post might help people with similar situation as ours. I will gladly answer any questions to anyone.

Good luck to everybody!

/M.

[antda 13]

Hi Heckled,

Congratulations on your AOS/Green Card approval. Thanks for sharing your experience with everyone here on VJ. Feel free too, to post that experience in the "reviews" section on VJ as well. Likewise, in my situation, I did the B2 to AOS too, which wasn't too much of a a problem overall, and like Heckled's interview, it was quick and easy (see my VJ timeline on my signature below for more information). I agree, that it's perfectly legal to go from the B2 to the AOS, as long as there is no intention of immigration fraud beforehand.

Good luck to everyone else who is going the B2 to AOS "untraditional" route.

And good luck too, to Heckled for the rest of your immigration journey.

Ant (Did the B2->AOS, On the next stage currently at the I-751...)

P.S. , as that helps too. Thanks.

We got our AOS case approved on interview yesterday in USCIS San Jose, CA office.

We did our AOS from visitors B2 visa.

Just wanted to share the whole experience. Perhaps, someone will find it useful and is in similar situation looking for answers.

The whole case from mailing a package to getting AOS approved took 178 days and went very smoothly without any problems. Timeline was as follows:

Mar-25 - I130, I131, I765, I485(including I693 and I864) package sent with delivery confirmation to USCIS lockbox.

Mar-27 - package received by USCIS

Apr-2 - checks cashed

Apr-4 - NOA for all forms received

Apr-7 - biometrics appointment notice received

Apr-19 - biometrics completed

May-21 - I131 approved

May-21 - EAD card production ordered

May-30 - EAD card received

May-31 - AP received

Jul-31 - interview appointement notice received

Sep-19 - interview at USCIS San Jose, CA field office. Case approved, passport stamped with I551 (temp green card).

Interview too 30 minutes or so and officer basically went through information provided on application and petition. We were asked to show marriage certificate (original), family photos (officer decided to keep a few and attached to the file), credit cards, bank statement, medical insurance card to prove that marriage is real, I guess. Other than that, there was nothing special at all, no tricky questions, everything was handled in professional and corteous manner. At the end, officer just said that he is approving our application. We gave back EAD and AP and he stamped passport of my wife with I551 and said that actual card should arrive in mail in two weeks to two months.

We couldn't have asked for better outcome of the whole case. I was impressed how fast the whole case was processed - less than 6 months is pretty good. In fact, I kept checking processing times published on USCIS web site and they had nothing to do with the times that we actually had with our applications - our where handled way quicker than published processing times.

As I mentioned, we have dedcided to go AOS from B2 visitors visa as opposed to going typical I130 and immigrants visa processing and interview overseas. It proved to be a right choice since it was handled so much quicker. There was this speculation that spouse is not allowed to do AOS from B2 since it can be interpreted as visitor coming into the country with intent to immigrate. This question didn't even arise during interview. Even if it did, there were no intent to immigrate since my wife was here on B2 and during here stay I got naturalized after waiting longer than a year. Since she was here, after talking to couple of friends who did AOS from B2 and also got encourage by lawyer, we decided to go this way and it proved to be right decision. And also, if you read I-130 instructions carefully, it clearly says that if spouse in legally in US he/she can adjust by filing I130 and I485 simultaneously. Since my wife entered states legally I didn't see why shouldn't we adjust.

While waiting for an interview we have even used AP and travelled abroad. On the entry back she was proled to US for 1 year.

Hope that this post might help people with similar situation as ours. I will gladly answer any questions to anyone.

Good luck to everybody!

/M.

Edited September 21, 2008 by AntandD

[chris39 0]

Congrats!!!!!

[smilegirl 0]

Congratulations!!!!!

[sweetpiano 0]

Congrats!

Likewise, the question of intent at entry did not come up in our interview either.

[antda 13]

P.S. Same here, that the question of intent didn't come up during our interview.

Although they did ask me,

"If you came from Canada, why did you get a Visitor's Visa (note: Canadians are exempt from Visitor's Visas when visiting the USA)?"

To which I replied, "I don't know, you tell me (as they were an immigration official, and I'm not, right?)....."

Ant (Did the B2->AOS, On the next stage currently at the I-751...)

Congrats!

Likewise, the question of intent at entry did not come up in our interview either.

Edited September 21, 2008 by AntandD

[Jon&Lindsey 0]

Thanks for posting, that was really helpful and encouraging to me, as I am also adjusting from a visitor's visa (or actually VWP, also no intention to immigrate when I arrived - it really was just intended to be a visit). May I ask if you had an issues at all with travelling on the AP? I have AP and would love to go to my home country with my husband for Christmas - hopefully I will have GC by then, but if not, I am thinking of going on the AP. I know it is not advised if you are doing AOS from visitor status, so I would be interested to hear more from someone who has done it successfully.

[Abby-Ron 8]

Congrats to you!!!

[heckled 0]

Thanks for posting, that was really helpful and encouraging to me, as I am also adjusting from a visitor's visa (or actually VWP, also no intention to immigrate when I arrived - it really was just intended to be a visit). May I ask if you had an issues at all with travelling on the AP? I have AP and would love to go to my home country with my husband for Christmas - hopefully I will have GC by then, but if not, I am thinking of going on the AP. I know it is not advised if you are doing AOS from visitor status, so I would be interested to hear more from someone who has done it successfully.

Guys,

There were no any problems for us travelling using AP. It just took a little longer at an immigration officer's window officer needed to do more writting on the forms and passport. Asked a question "based on what we are doing AOS" (the answer is marriage of course). Also, asked us did we get married in US and when visa was obtained. in our case we married overseas first and then my wife got visitors visa which used to come to US 3 times. And that's about it.

As of "it is not adviced to travel using AP when doing AOS" I think it is one of those myths and legends that are floating around and get multiplied by people without knowledge and without ever traveling on AP. AP is specifically created (among other categories) for people to travel while their AOS is pending. It is clearly written in I131 instructions. It is your travel and re-entry permit while AOS is pending. We were just unsure if leave US and invitation for interview will come in while we are out. But, as it turned out, we got invitation just before the trip and interview date was 2 months away so timeline was perfectly fine.

/M.

[Zee Bee 61]

Congratulations!!!

[happyinlove012408 0]

Congrats.

[antda 13]

P.S. Don't forget to file for the I-751 as well, 2 years minus 90 days timeframe from when this conditional green card expires.

Ant (Still waiting for I-751 approval....)

[Johnnie J 0]

Great info!!!!!! I'm adjusting from a B2 Visa so, your words are so conforting.

Thanks for the info!!!! great to know all these things.

Congrats on your GC

[Blaine74 0]

Great info!!!!!! I'm adjusting from a B2 Visa so, your words are so conforting.

Thanks for the info!!!! great to know all these things.

Congrats on your GC

dang that was quick! I just got notice of our interview