Applying for AOS in the USA

[davidselcon 0]

I am a US Citizen. I married my English wife here in the U.S. on June 23, 2006. A few weeks after our wedding, we sent out an application packet including I 130, I485, I131,EAD. We have already her fingerprints taken and biometrics in mid August.

I recieved a notice from the USCIS on September 13, 2006 about a request for applicant to appear for initial interview on November 2, 2006. The USCIS only received our I485 and associated applications (Advance Parole, EAD) on July 14, 2006. Do you think that this is THE interview for the actual AOS approval, or should i expect another interview date? I am skeptical because it seems very quick (only 3.5 months) compared to the published timelines and most accounts i have heard of. Also, we still havent even received approval of our Advance Parole and EAD... Seems to be out of order.

If this is THE interview, can my wife and make plans to leave from the US on an extended honeymoon abroad shortly after the November 2 interview? Or will we have to wait additional time for them to review the interview and decide whether or not to grant her temperary conditional status?

I appreciate any help, advice or suggestions.

Thank you for your willingness to help me through this journey.

David

Hi, i hope you guys could help me with this one... i received a notice from USCIS just yesterday about request for applicant to appear for initial interview on may 25, 2006. Is this the real interview for AOS approval or should i expect another interview date? And there are questions about what to bring, coz i've been here in the US for only about 3 months and we've been married for only 2 months and when it comes to joint account, utility bills and lease agreement it is in my husband's name. What we got so far is medical insurance from TRICARE,my military id card stating im a spouse of an active military personnel so i can get into the base. And i still havent got my EAD approval too. Here's our time line for our application process

2-02-2006 arrived in the US

2-21-2006 got married

3-16-2006 mailed the AOS and EAD to USCIS

3-17-2006 USCIS received the packets

3-21-2006 received NOA for AOS and EAD

3-24-2006 received NOA for biometrics and fingerprinting on april 7, 2006 for my AOS and EAD

4-07-2006 did my biometrics and fingerprinting

4-19-2006 NOA for request for applicant to appear for initial interview

... no news for my ead yet...

[lisakenn 1]

Hi, and congrats on your new marriage.....

I just got married in February of 2006, and my timeline was short, just like yours. We applied in February, and my interview was June, 2006. Yes, this THE ACTUAL interview...there is no second one. Why they put initial interview on the form I'll never know....

I actually had the interview before I had a social security number. This presented an interesting problem, because I wanted to show we had a bona fide marriage. Therefore, whatever you do, (if you haven't already) get your wife added to your lease or house documents, add her to your medical insurance, and add her to your bank account. All of these things can be done without a social security number...I know, because I did it...if the bank tells you no, they are misinformed. You can't open a new account without a social security number, but you can add someone to your account temporarily until they get one. ( US bank did this for my husband and I and gave me a letter stating they were aware of my pending social security number to take with me to the interview) Don't just rely on wedding documents for proof of valid marriage...because of marriage fraud, they look for actual documents that support your claim you are building a life TOGETHER.......

You may have done all this, I just thought I'd let you know if you hadn't. In answer to your question about travel, once you have your interview and have been approved for temporary permanent residency (2 year temporary because of short time of marriage) you will receive your permanent resident card in about 2 weeks, and then you can travel outside of the country. The permanent resident card is what enables you to re enter the United States...since you can't get a passport if you are not a US citizen, it serves as the document you need for travel. You may be approved before your permission to travel outside the United States documents (advanced parole) are ever processed.

Also, they will tell you right at the interview if you are approved, and just like my approval, it will be 2 year conditional, because you haven't been married 2 years yet: then you will have to fill out a new form in about 18 months for removal of conditional status...at that time they look at documents to support your ongoing marriage and that you have actually built a life together...(legal documents such as buying property, life insurance, joint tax returns etc etc....)

If you have any questions about what documents to bring to the interview, let me know....there are are so many rumours out there about what you need or don't need, and they want documents that support your building your marriage together (not just wedding photos) when you are applying for AOS alone...They want to see you are starting to build a life together....

Again, congrats and hope this helps...

[valentino123 0]

Hi,

I'm working in the US with a J-1 visa as an exchange teacher from Germany for the last two years. After beeing together for over 4 years, my USC girlfriend and I are planning on getting married in the US.

Do we just have to file the same AOS papers (I-485, I-864, ... + I-131) or is this something special since I don't have a K-1/K-3?

I'm not subject to HRR.

Thank you so much.

valentin

Edited September 26, 2006 by valentino123

[meauxna 15]

Hi,

I'm working in the US with a J-1 visa as an exchange teacher from Germany for the last two years. After beeing together for over 4 years, my USC girlfriend and I are planning on getting married in the US.

Do we just have to file the same AOS papers (I-485, I-864, ... + I-131) or is this something special since I don't have a K-1/K-3?

I'm not subject to HRR.

Thank you so much.

valentin

valentin,

Yes, your case is called an Adjustment of Status/AOS. You can follow the Guides here for it; also read heavily at uscis.gov because the info is in a couple of sections.

An important piece not mentioned is the I-130---K-1s don't need it because of the process they've gone thru before getting here, but you need something to base your I-485 upon. For the spouse of a USC, that is petition I-130.

[valentino123 0]

Thank you very much.

valentin

[xjennyinstereox 0]

I have a quick question that hopefully someone can help me out with. I got an RFE for my I-485 about not sending in a photocopied page of my passport showing an I-94 stamp... basically I have to prove eligibility for filing the I-485 and since I came in from Canada, I didn't get an I-94 and I don't know how I'm supposed to prove eligibility.. an immigration officer at the Info Pass interview said that I should just write "No I-94, Canadian Citizen" where it asks for the I-94 number but I guess it wasn't good enough. Has anyone else had this problem, and if so, what did you do to fix it? I have no idea what to send in.. I was inspected but have no proof... I don't have an I-94 number... and I figured that attaching the I-130 form was enough eligibility.

[lisakenn 1]

File a form I-102 with the government, which Re-issues the I-94 form to those who lose their original, or if they were never issued an original I-94.

Here is a link to the website http://www.uscis.gov/graphics/formsfee/forms/i-102.htm

I entered without a form as well, but I was not required to provide one. I put the same answer you were told to give, and didn't have a problem. This hopefully will solve your problem.

[Mike and Adriana 0]

Hello All:

Now that I have the I-130 and I-129F filed and the affidavit of support ready to roll, I am starting to think forward to the day my wife and step-daughter arrive. I understand that I should immediately apply for adjustment of status and EAD for my wife. My step-daughter is 9 years old (possibly 10 by the time she gets here). Do I need to file a SEPARATE AOS for her? Or will my wife's AOS application cover her, given her age?

Thanks!

[ivette 0]

Hi

I have a very little question, I am for submiting my I485 for the AOS, about the translation from Spanish to English of my Birth Certificate, it must be done by a "Certfied Translator", or can I do the translation myself.

I just called Migrations for asking and told me that can be done by any person, not some legal translation, but only want to be 100% sure.

The other q., my husband name is the same as his father, so he use JR after his last name.

Should I name him with his regular last name in the forms or should I include JR?

Thanks for your help

Ivette

[Aloha Wild 0]

Hi,

I am new here and just got here in US a month ago with K-3 visa. I have a question regarding the AOS expiration, since I am a K-3 holder and I got 2 yrs visa. Untill how many months do i need to file my AOS from the time I arrived here in the US? I just need more time because I have to collect again all the same requirenets I submitted in US Embassy in Manila as I did not have me a copy of the original here.

Aloha Wild

[Bajari7 0]

Unfortunately I read this tip to late the one about the vaccine supplement so when we submitted our AOS we sent off the wrong form according to the tip, we havent heard anything yet but its probably to early to say in regards to the RFE, can we do something about it before the RFE, like get the right vaccine form at this point after we sent it all or should we just wait until we see what happens?

[meauxna 15]

Please direct questions to the forum at large. This thread is not for asking/answering questions (despite any I may have answered in the past )

[Skain 0]

Any word on how the AOS rules may be "bended" or "relaxed" a bit to compensate for the Adam Walsh-related I-130 headaches? Some of us (like me!) have already submitted our I-130s, but are in limbo and have no choice but to enter the US using the VWP even though our intention is to reside there permanently!

[hjl 0]

Hello, I was wondering if someone could tell me if I need to get a criminal record check when I'm applying for AOS and I-130. I'm from Canada and I lived in 3 different cities in the past 6 years. Does this mean I need to contact each city to get the record or is there a central place that I can contact? Please let me know if anyone knows. Thanks a lot.

[Robert and Tanya 0]

Hi there to everyone. Didn't no exactly where to ask my question. It's about form I- 485. I have a problem with choosing the right answer from the list in part 2. My situation is that I came here with J1 visa and than changed my status to F1, was going to school. Got married in 2006. SO what should I put there? Please, help me. I really appreciate it. Thank you very much.