VISA: CHECK!!! :) NEXT STEPS....CANADIANS PLS SHARE/HELP :)

[chadlaure 2]

Yes, if you apply for AOS mid-Sept, you can safely expect your AP/EAD by December. AOS approval, not necessarily a few weeks later, it doesn't happen that soon for everyone - but you may get lucky right! Some people get AOS approval before EAD/AP arrive!

Correct, until EAD arrives you are not legal to work. And don't think about taking a job paying cash only, because that isn't legal and if you were found out you could be deported (I'm not saying you'd do that, I just didn't know myself I couldn't take a cash job until I read it on here!)

wow thanks JillA!!

I was thinking about doing a French tutoring for university students as I used to do when I was studying but maybe I won't then...

Well I'm ready for my vacation anyways.

I'm a little concerned because we are planning to get married on day like 55 of my days in the US. So that only gives us 35 days to file AOS... Even less if you count the time we'll be away on our honeymoon. I think if I have the paperwork all prepared and get the medical form taken care of, we'll just be waiting on the marriage certificate, which SHOULD come by the time we need to file. I dunno... I hate deadlines! But my heart is set on a mid-June arrival, and the wedding is solid for August 6th, so I'll just deal with the pressure. My goal: File by the time day 88 rolls around and overnight that bad boy

So we need to send the AOS file during the 90 days??? I thought the marriage certificate just needed to be dated during the 90 days.

[beans 7]

I stole these from the AOS thread on an unknown date. Cover letters for the I-485and I-765 and you can easily use that format to include your AP:

I-485;

Department of Homeland Security

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

Application for Immediate Relative (Spouse) Family Based Adjustment of Status

Non US Citizen: xxx

US Citizen: xxx

Address: xxx

To Whom It May Concern,

Enclosed please find my Form I-485, Application to Register Permanent Residence or Adjust Status and supporting documents;

1. Payment in the amount of $1,010 in the form of a personal check (including biometric fee)

2. Completed Form I-485, Adjustment of Status Application

3. Completed G-325A (4 identical copies)

4. Completed Form I-864

5. Related documents;

a. Copy of 2006-2007-2008 tax returns&W2s&1040 Forms

b. Pay stubs

c. Employment letter of US citizen

6. Copy of non US citizen passport

7. Copy of non US citizen K-3 visa

8. Copy of valid I-94 (front and back)

9. Copy of NOA2 approvals from previous I-129F and I-130 applications

10. 2 passport-style photos

11. Copy of non US citizen birth certificate along with English translation

12. Certified copy of the marriage certificate

Regards,

name

signature

I-765;

Department of Homeland Security

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

Application for Employment Authorization (EAD)

Non US Citizen: xxx

US Citizen: xxx

Address: xxx

To Whom It May Concern,

Enclosed please find my Form I-765 (Application for Employment Authorization) and supporting documents;

1. Completed Form I-765 (Authorization for Employment)

2. Copy of non US citizen passport

3. Copy of non US citizen K-3 visa

4. Copy of valid I-94 (front and back)

5. Copy of NOA2 approvals from previous I-129F and I-130 applications

6. 2 passport-style photos

7. Copy of non US citizen birth certificate along with English translation

8. Certified copy of the marriage certificate

Regards,

name

signature

[JillA 2]

Yes, if you apply for AOS mid-Sept, you can safely expect your AP/EAD by December. AOS approval, not necessarily a few weeks later, it doesn't happen that soon for everyone - but you may get lucky right! Some people get AOS approval before EAD/AP arrive!

Correct, until EAD arrives you are not legal to work. And don't think about taking a job paying cash only, because that isn't legal and if you were found out you could be deported (I'm not saying you'd do that, I just didn't know myself I couldn't take a cash job until I read it on here!)

wow thanks JillA!!

I was thinking about doing a French tutoring for university students as I used to do when I was studying but maybe I won't then...

Well I'm ready for my vacation anyways.

I'm a little concerned because we are planning to get married on day like 55 of my days in the US. So that only gives us 35 days to file AOS... Even less if you count the time we'll be away on our honeymoon. I think if I have the paperwork all prepared and get the medical form taken care of, we'll just be waiting on the marriage certificate, which SHOULD come by the time we need to file. I dunno... I hate deadlines! But my heart is set on a mid-June arrival, and the wedding is solid for August 6th, so I'll just deal with the pressure. My goal: File by the time day 88 rolls around and overnight that bad boy

So we need to send the AOS file during the 90 days??? I thought the marriage certificate just needed to be dated during the 90 days.

You could volunteer, but taking cash paid jobs is not legal because it's not being taxed. "under the table" jobs, if found out could get you in heaps of trouble. You could say, what are my chances of being found out, but still after all of this work, you don't want to risk it!

You do need to be married within the 90 days, now filing for AOS I'm not sure. I did, just because I was really wanting my AP ASAP. However there are different discussions on when you need to file the AOS, some say it has to be within 90 days and others say it doesn't matter as long as you marry within 90 days. The thing is, once your I-94 expires and if you don't file AOS within 90 days, you don't really have legal status anymore I don't think. But I'm sure others know more than I do on this subject.

[chadlaure 2]

That is true there is the 90 days on the I-94 so it's better to send the file within the 90 days.

I should enter the US mid/end of july and marry beginning of september so it should all fit

Thanks again for all the details JillA!!

[JillA 2]

That is true there is the 90 days on the I-94 so it's better to send the file within the 90 days.

I should enter the US mid/end of july and marry beginning of september so it should all fit

Thanks again for all the details JillA!!

You're welcome!

[MapleLeafBaby 1]

I stole these from the AOS thread on an unknown date. Cover letters for the I-485and I-765 and you can easily use that format to include your AP:

I-485;

Department of Homeland Security

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

Application for Immediate Relative (Spouse) Family Based Adjustment of Status

Non US Citizen: xxx

US Citizen: xxx

Address: xxx

To Whom It May Concern,

Enclosed please find my Form I-485, Application to Register Permanent Residence or Adjust Status and supporting documents;

1. Payment in the amount of $1,010 in the form of a personal check (including biometric fee)

2. Completed Form I-485, Adjustment of Status Application

3. Completed G-325A (4 identical copies)

4. Completed Form I-864

5. Related documents;

a. Copy of 2006-2007-2008 tax returns&W2s&1040 Forms

b. Pay stubs

c. Employment letter of US citizen

6. Copy of non US citizen passport

7. Copy of non US citizen K-3 visa

8. Copy of valid I-94 (front and back)

9. Copy of NOA2 approvals from previous I-129F and I-130 applications

10. 2 passport-style photos

11. Copy of non US citizen birth certificate along with English translation

12. Certified copy of the marriage certificate

Regards,

name

signature

I-765;

Department of Homeland Security

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

Application for Employment Authorization (EAD)

Non US Citizen: xxx

US Citizen: xxx

Address: xxx

To Whom It May Concern,

Enclosed please find my Form I-765 (Application for Employment Authorization) and supporting documents;

1. Completed Form I-765 (Authorization for Employment)

2. Copy of non US citizen passport

3. Copy of non US citizen K-3 visa

4. Copy of valid I-94 (front and back)

5. Copy of NOA2 approvals from previous I-129F and I-130 applications

6. 2 passport-style photos

7. Copy of non US citizen birth certificate along with English translation

8. Certified copy of the marriage certificate

Regards,

name

signature

This is great... forgot about the cover letter! Thanks Beans

I'm so excited that we can all do this together!!!!

If I filed a K1 fiance visa (I129F) I would only have one NOA2, right?

Thanks.

We are getting one of the officiants from OCNJ clerks office where we will file for our license, to marry us. I will have to remember to ensure mentioning to them that it needs to be certified? or do they know this? I will also have to tell them to file ASAP, so my Canadian Butt can get things rollin

[JillA 2]

"We are getting one of the officiants from OCNJ clerks office where we will file for our license, to marry us. I will have to remember to ensure mentioning to them that it needs to be certified? or do they know this? I will also have to tell them to file ASAP, so my Canadian Butt can get things rollin"

It may differ by state.... here in PA, as soon as we got married the officiant gave us our marriage cert. But, then it was filed with the courthouse (officiant mailed off his part) and we had to call and request a certified copy. Then went to pick it up, $40 or so. Definitely let the person marrying you know that you need a certified copy, that's really important and I'm sure they'll guide you.

[Hugglebuggles 60]

I was reading a thread a while back and people were arguing about weather or not you must do the AOS in 90 days. It seemed to be the consensus that its not an absolute must, but you do go out of status. So if you're pulled over or something, you can't prove that you have legal status in the US, with an expired I-94 and no extension/NOA from USCIS. Some were also saying filing outside of the 90 days means you need to file an extra form and pay an extra fee? I'm not sure what this is, but that was what people were saying. Also too, a lot of adjusting K-1's don't require an interview, since the K-1 process is pretty stringent itself, and you would have had an interview not to long before the time you file AOS. However, those who file outside of the 90 days generally will receive an interview. So it just makes the process harder and take longer. I can't confirm any of this is true! But this is what I read.

[rooster 1]

Technically, you should file for AOS within the 90 day window. If you don't, you are legally out of status. The out of status days are generally forgiven when AOS is filed. Many on here have waited quite a while to file for various reasons and have had no troubles. You do occasionally see someone post that has had difficulties. As well as the traffic stop situation mentioned, it could also cause problems if you try to return to the US after leaving the country. You would not have AP. Most people get it filed fairly quick so that they could go back to visit family and friends. You would hate it if, God forbid, one of your parents has a major illness or death. You would then have to choose between starting another visa process and attending to that relative. I know people can get "emergency" AP, but I do not believe they can until AOS has been filed. If someone else is aware otherwise, you can correct me on this.

And Congrats to you all!!!!

[chadlaure 2]

I was reading a thread a while back and people were arguing about weather or not you must do the AOS in 90 days. It seemed to be the consensus that its not an absolute must, but you do go out of status. So if you're pulled over or something, you can't prove that you have legal status in the US, with an expired I-94 and no extension/NOA from USCIS. Some were also saying filing outside of the 90 days means you need to file an extra form and pay an extra fee? I'm not sure what this is, but that was what people were saying. Also too, a lot of adjusting K-1's don't require an interview, since the K-1 process is pretty stringent itself, and you would have had an interview not to long before the time you file AOS. However, those who file outside of the 90 days generally will receive an interview. So it just makes the process harder and take longer. I can't confirm any of this is true! But this is what I read.

Good to know! I hope you're right!

Good luck on wednesday

[JillA 2]

I just found this in another area, it seems to be a widely discussed issue!

My fiancee arrived from Cambodia in March. We will be married soon and within the 90 day requirement. My situation is this: I lost my job just before she got here and money is tight now. I won't be able to file for AOS and AP until a later date due to financial reasons.

Will this cause a problem that I will be filing after her I-94 has expired?

"No."

Will there be any other problems by not filing soon after we are married?

"Yes, she will be out of status, even though you are married, this can cause issues with ICE/CBP checkpoints."

Is there a time limit before filing for AOS and AP?

"Your suppose to do it before you go out of status. As pointed out above, if your out of status more than 180+ days from the end date of your I-94, you should not use the AP, even if issued, since you will be hit with a ban on return. Your status isn't "pending" till you have the NOA for the AOS."

[Kathryn41 3,205]

Ideally, you want to stay in a valid status while in the US. So, if you come in on a K-1 visa you get married within the 90 days and ideally you should file for AOS within 90 days as well. That being said, if you are not able to file within the 90 days you probably won't have any problems if you file later than that. Just be aware that once the I-94 expires you are out of status and start to accumulate out of status days. Out of status days become a problem if you accumulate more than 180 of them and you need to leave the country for any reason (ie a family emergency), then you trigger a 3 year ban on re-entry to the US, even if you have a valid AP document by that time. Over a year of out of status days you trigger a 10 year ban when you leave the country for any reason. One of those reasons could be being picked up by immigration and being out of status and given voluntary deportation or mandatory deportation (don't worry - that is very rare in our circumstances but it is good to be aware it can happen).

Talking about the 'extra fee' for applying after 90 days, this is actually someone's confusion. If you marry within the 90 days and apply for AOS outside of the 90 days there is no extra fee or form. If, however, you didn't marry within the 90 days and got married, let's say on day 91, then the K-1 visa is no longer valid to be used for adjusting status and the US petitioner needs to submit an I-130 petition for family member - along with the fee - at the same time as the foreign beneficiary submits the AOS application. So, no problems if you marry within the 90 days - extra form and fee if you don't.

Edited April 27, 2009 by Kathryn41

[trailmix 77]

An unhelpful post follows:

Having the title of a thread all in uppercase - I find that really un-aesthetically pleasing

[Krikit 1,164]

Don't forget..... you can use Form I-864EZ Affidavit of Support if you qualify.

. I know people can get "emergency" AP, but I do not believe they can until AOS has been filed. If someone else is aware otherwise, you can correct me on this.

This is correct.

[MapleLeafBaby 1]

An unhelpful post follows:

Having the title of a thread all in uppercase - I find that really un-aesthetically pleasing

Awww, Trailmix, I'm sorry I promise to keep you in mind next time and not do it LOL! In no way is it shouting....it's just a bad habit if I could fix it I would

Hopefully my certificate won't take long to get, as I plan on filing well before the 90 days