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David Allen

Wedding, Filing AOS & Keeping it legal

By David Allen in Adjustment of Status Case Filing and Progress Reports

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David Allen Contributor

David Allen   3

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

Sorry if this seems like too obvious of a question, but I haven't seen it addressed specifically in the guide or forum posts..

My fiancee arrived in December and we're planning our wedding which will be February 12, 2010. While we're busy getting ready for the wedding I'm also preparing our AOS documents to go out ASAP. I understand the requirements for forms, fees and where to send everything, but I would like to understand how AOS works and how to keep everything legal.

By the 90 day rule - her visa will expire on March 6th. The AOS Guide says that filing before the 90 day expiration protects our status - and I should have everything mailed out with about 2 1/2 weeks to spare... My question is: what proof, if any would we have that she is here legally while we can only hope our paperwork doesn't get lost?

-David and Supattra

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Kittykisses73 Enthusiast

Kittykisses73   1

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

How did she enter the US? K1, VWP, tourist visa?

Kimberly Troth

Details

_______________________________________

Met online Dec 2007

Started talking online (Xbox) 02/15/2008

Came to US to meet 08/29/2008 (return home date was 11/14/2008)

Got engaged 10/05/2008

Got married at sunset on the beach 11/01/2008

7fdc6d7397.png

I-130/765/485

___________________

02/27/2009 sent papers Usps to Chicago Lock Box

03/07/2009 received NOAs dated 03/04/09 (130 & 765 show online 485 does not)

03/13/2009 received biometrics appt notice for 03/27/2009

03/27/2009 biometrics appt @3pm (in & out in less than 20 minutes)

04/16/2009 Received pink notice of medical exam needed

04/17/2009 Had medical exam done by Civil Surgeon (have to return on Tuesday 04/21/2009 forResults)

04/24/2009 Papers delivered to Lees Summit (MSC) :o)

05/07/2009 Received email from CRIS that EAD card has been ordered & should arrive within 30 days

05/08/2009 Received email from CRIS that EAD Approval Notice was sent

05/09/2009 Received EAD card in mail YAAAAAY

05/12/2009 Applied for Social Security Card

05/15/2009 NOA received with I-485 interview date 07/20/2009

020b50f4b0.png

07/20/2009 AOS Interview in Orlando FL

07/21/2009 Email received " Card Production Ordered " YAAAAY 139 days!

07/24/2009 Welcome letter received! & Approval of I-130 also received! Yaaay

08/04/2009 Green Card received! Hoooraaaaay!!

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HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Make multiple identical copies of your AOS packet. I had the copy that I sent, and 2 others that just needed a cheque, marriage certificate, I-693, and passport photos. That way you can easily resend a packet with minimal re-preparation if something goes wrong, and still have a personal copy.

Between when you send it and when the NOA1s show up, you don't really have any solid proof of legal status, though the combination of your passport/I-94 and marriage certificate should be highly suggestive to any inquisitive immigration or law enforcement officer.

Your plan sounds good. NOA1s usually take about a week to show up, so you should have yours in hand before the I-94 expiry date. After that, the I-485 NOA1 is your proof of status.

It sounds like you're doing everything right.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted
Sorry if this seems like too obvious of a question, but I haven't seen it addressed specifically in the guide or forum posts..

My fiancee arrived in December and we're planning our wedding which will be February 12, 2010. While we're busy getting ready for the wedding I'm also preparing our AOS documents to go out ASAP. I understand the requirements for forms, fees and where to send everything, but I would like to understand how AOS works and how to keep everything legal.

By the 90 day rule - her visa will expire on March 6th. The AOS Guide says that filing before the 90 day expiration protects our status - and I should have everything mailed out with about 2 1/2 weeks to spare... My question is: what proof, if any would we have that she is here legally while we can only hope our paperwork doesn't get lost?

-David and Supattra

I would figure that the K-1 visa and the I-94 that accompany it are proof that she is there legally,

but to be safe just make the AOS filing documents registered/return receipt and do it in advance

of the deadline - we have not got that far but others who have may have better input.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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David Allen Contributor

David Allen   3

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
  • Author
Posted (edited)

Thanks for the info. I'm planning to keep both hard and soft copies of everything I send in just to be safe.

If they're as fast at turning around the NOA1's for the 485 as they were for the 129-F's - we should be good to go - but I just wanted to be sure.

-D

Make multiple identical copies of your AOS packet. I had the copy that I sent, and 2 others that just needed a cheque, marriage certificate, I-693, and passport photos. That way you can easily resend a packet with minimal re-preparation if something goes wrong, and still have a personal copy.

Between when you send it and when the NOA1s show up, you don't really have any solid proof of legal status, though the combination of your passport/I-94 and marriage certificate should be highly suggestive to any inquisitive immigration or law enforcement officer.

Your plan sounds good. NOA1s usually take about a week to show up, so you should have yours in hand before the I-94 expiry date. After that, the I-485 NOA1 is your proof of status.

It sounds like you're doing everything right.

Edited by David Allen
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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted
Thanks for the info. I'm planning to keep both hard and soft copies of everything I send in just to be safe.

If they're as fast at turning around the NOA1's for the 485 as they were for the 129-F's - we should be good to go - but I just wanted to be sure.

-D

Good, I always keep both hard & soft copies.

By the way, I liked your work on Amazon Women On The Moon

Not David Alan Grier?

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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DainandVicky Collaborator

DainandVicky   4

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
Good, I always keep both hard & soft copies.

By the way, I liked your work on Amazon Women On The Moon

Not David Alan Grier?

What was it like working with the Wayans on In Living Color?

Amazon women on the moon, now that brings back some (drunken) memories... lol

K1:

Began chatting online 1-2-09, Met in Philippines 9-5 to 9-15-09, Mailed I-129F 9-17-09, I-129F delivered by USPS 9-21-09, Check cashed 9-21-09, NOA1 issued 9-21-09, NOA1 paper copy received 9-28-09, NOA2 issued 12-18-09, NVC received date 12-24-09, NOA2 paper copy received 12-28-09, NVC sent date 12-29-09, Embassy received date 01-05-10, Medical 01-07-10 & 01-11-10 approved/ passed, Interview date 01-14-10 APPROVED! MY HONEY'S COMING!, Visa delivered 1-27-10 Manila time, Arrival in U.S. 2-4-10 POE Minneapolis/ St. Paul

Married! 2-14-10 in Las Vegas

AOS:

Applied for SSN 2-17-10 Received SSN and Cert. Marriage Cert. 3-2-10

Mailed AOS packet 3-3-10

AOS paperwork confirmed delivered 3-4-10

Email/ text notification of NOA1s 3-12-10

*touch* 3-15-10 AOS & EAD

Paper copy NOA1s received 3-16-10

*touch* 3-17-10 AOS & EAD

Received biometrics appointment letter 3-20-10, appointment set for 4-12-10

Case transferred to CSC 3-31-10!! Yay!!

Received email notice 4-6-10 I-485 received at CSC

Biometrics done 4-12-10, Milwaukee, WI ASC

Vicky got her driving permit, 4-12-10

*touch* 4-13-10 AOS & EAD

*touch* 4-21-10 AOS only

*touch* 4-22-10 AOS only

EAD card production ordered 5-14-10.

*touch* 5-17-10 EAD only

EAD card production ordered 5-19-10 (again?)

Received "Welcome to USA" letter 5-25-10, permanent resident application approved!

EAD card received 5-29-10

Greencard received 6-11-10

Positive pregnancy test 6-12-10

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