General AOS Questions

[AFQuaid 18]

Hi Everyone,

I'm brand new to this area and will be starting my AOS journey October/November and I have a few questions. I've read the guides and been made aware this stage is far more complex than the K-1 process and even just reading the VJ guide has got me confused. Can you help answer these? Anybody?

1. What are the stages of AOS, i.e K-1, filed - noa1-noa2-nvc-embassy-medical-interview. Could somebody do a simple line up like that?

2. Advanced Parole (AP) that is to enable you to leave and re-enter the USA before a greencard is issued, is that correct?

2a If what I said in 2 is correct, if I do not plan to return to the UK do I still apply for AP as standard or is it optional?

2b If it is standard do I submit it in the same envelope with the Adjustment of Status documents?

3. Is it true that once a Greencard is issued you do not need EAD?

3a If it is not true what I asked in 3 do I submit the EAD documents in the same envelope as the Adjustment of Status?

4. Is it correct that the Biometrics Appointment and the AOS interview mean two seperate journeys or is this done together in the same building on the same day etc?

5. At what point are you able to apply for Naturalization. When you recieve your Greencard? Or 2 years after?

Thank you

Fiona

Eek perhaps I've confused AP with lifting conditions?

[latitudes 0]

Can't answer any of your questions, we've only just started. But I did want to say congratulations

[ceriserose 1]

Hi Everyone,

I'm brand new to this area and will be starting my AOS journey October/November and I have a few questions. I've read the guides and been made aware this stage is far more complex than the K-1 process and even just reading the VJ guide has got me confused. Can you help answer these? Anybody?

1. What are the stages of AOS, i.e K-1, filed - noa1-noa2-nvc-embassy-medical-interview. Could somebody do a simple line up like that?

File for AOS (I-485). Pay biometrics fee with fee for form I-485 (they changed since I filed so I won't give you the wrong $$ amounts. ). If you wish to file for EAD (I-765) and AP (I-131) at this time you can do so. The EAD is particularly important to file WITH the AOS; don't file it separately beforehand or you'll likely get it denied. All of this paperwork is filed at the Chicago lockbox and processed through the Missouri Service Center (MSC). Your EAD and AP are processed through MSC, and the AOS processed through your local district office.

You will receive NOA1s for your AOS and EAD. I didn't file for AP so someone else will have to help you there.

You should receive an appointment to have your biometrics done at your nearest district office. You need biometrics for both AOS and EAD; if you receive only one appointment, take both NOA1's with you and they may process you for both at once. Otherwise it's 2 separate appointments.

EAD is usually processed faster than AOS but not always. If, after 90 days from your NOA1 date you haven't received it, you can make an Infopass appointment to inquire as to why and possibly receive an interim EAD.

You will receive a letter for an appointment for AOS. You go to your state of residence's district office and bring all sorts of paperwork to prove a valid relationship. At that time they will let you know if you're approved or if you have pending checks.

2. Advanced Parole (AP) that is to enable you to leave and re-enter the USA before a greencard is issued, is that correct?

Correct. Form I-131 can be filed with your AOS package.

2a If what I said in 2 is correct, if I do not plan to return to the UK do I still apply for AP as standard or is it optional?

2b If it is standard do I submit it in the same envelope with the Adjustment of Status documents?

I got ahead of your questions! It is completely optional and you would apply for it with the AOS package. If you don't apply for it when you apply for AOS and then find that you have an emergency and need to return to the UK before your AOS is processed, you can make an Infopass appointment at your local district office and request one.

3. Is it true that once a Greencard is issued you do not need EAD?

Absolutely. The EAD is essentially a work authorization because a lot of AOS timelines are long.

3a If it is not true what I asked in 3 do I submit the EAD documents in the same envelope as the Adjustment of Status?

If you wish to apply for EAD it's really important to 'attach' it to your AOS filing. I don't have the link but someone here did it ahead of AOS and it was denied. And yes, everything goes in one envelope to the Chicago lockbox. The AOS/biometrics fee is one check, the EAD another and the AP another. Don't put them all in one check or it'll be returned.

4. Is it correct that the Biometrics Appointment and the AOS interview mean two seperate journeys or is this done together in the same building on the same day etc?

Biometrics is done separately from AOS interviewing in most cases. In my case, the biometrics was in December 2005 and was pivotal in getting my EAD in late December. My AOS interview was April 2006. My biometrics was in Portland, Oregon (an hour from me and my closest office); the AOS interview was in Seattle, Washington (the state in which I live).

5. At what point are you able to apply for Naturalization. When you recieve your Greencard? Or 2 years after?

Thank you

Fiona

If your AOS interview is within the first 2 years of marriage you will receive a Conditional green card which is valid for 2 years from your AOS approval. 90 days prior to its expiry you need to apply to remove the conditions (form I-751). Three years after being granted a 'regular' green card you may apply for Naturalization (form N-400...I think).

If your AOS interview is after your 2nd anniversary then you should automatically receive a regular, 10 year green card.

I hope that helps and where I may have been just a bit off (i.e. the AP) someone will fill in the blanks.

And congratulations!

edited for typos and clarity.

Edited September 10, 2006 by ceriserose

[Jenn! 918]

Hi Everyone,

I'm brand new to this area and will be starting my AOS journey October/November and I have a few questions. I've read the guides and been made aware this stage is far more complex than the K-1 process and even just reading the VJ guide has got me confused. Can you help answer these? Anybody?

1. What are the stages of AOS, i.e K-1, filed - noa1-noa2-nvc-embassy-medical-interview. Could somebody do a simple line up like that?

2. Advanced Parole (AP) that is to enable you to leave and re-enter the USA before a greencard is issued, is that correct?

2a If what I said in 2 is correct, if I do not plan to return to the UK do I still apply for AP as standard or is it optional?

2b If it is standard do I submit it in the same envelope with the Adjustment of Status documents?

3. Is it true that once a Greencard is issued you do not need EAD?

3a If it is not true what I asked in 3 do I submit the EAD documents in the same envelope as the Adjustment of Status?

4. Is it correct that the Biometrics Appointment and the AOS interview mean two seperate journeys or is this done together in the same building on the same day etc?

5. At what point are you able to apply for Naturalization. When you recieve your Greencard? Or 2 years after?

Thank you

Fiona

Eek perhaps I've confused AP with lifting conditions?

Hi Fiona,

First of all, congrats for making it this far!

I'll try to answer your questions and give you an overview of the AOS process as best I can.

1. You send your AOS package to the Chicago Lockbox

- I-485 (permanent residence application) along with the evidence and required supplemental forms

- I-765 (empoyment authorization -optional)

- I-131 (advanced parole -optional)

Chicago forwards your case to the Missouri Service Center who issues your NOA1.

After this, the order of the timeline varies from case to case, since EAD and AP are handled separately from AOS. Generally you can expect to receive a biometrics appointment, followed by approval of your EAD and AP.

MSC (Missouri) sends your I-485 to your local district office who will then schedule an interview. You will receive your greencard at some point after the interview, depending on how long the security clearance takes.

If your case is instead transferred to CSC (the reasons for such transfers are not certain), you will most likely be approved without an interview.

2. yes

2a. it is optional

2b. If you want to apply for AP, yes it is submitted in the same envelope as the I-485.

3. That is true.

3a. Keep in mind that *usually* EAD is issued before the GC, therefore if you want to work sooner than later, you will want to apply for the EAD.

4. Biometrics is a separate appointment from the interview, as indicated in (1).

5. The green card that you receive will be a conditional 2-year green card. At that time, you will apply to remove the conditions, and receive a 10-year green card. You may begin your application for naturalization 2 years and 9 months from the issue of your original 2-year conditional GC.

Best of luck to you and Andy!

ETA: Boy, that took me a while to post! I see ceriserose already responded 7 minutes ago!

Edited September 10, 2006 by jenn3539

[latitudes 0]

I guess I can help a little. The first thing I did for the AOS process was to make our cover letter/table of contents. This provided a framework for the whole packet. it will need tweaking to work for anyone else, but i hope it helps a little. I think the only part you need to file is the i-485+paperwork, the i-765 and i-131 are optional.

September 9, 2006

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

PO Box 805887

Chicago, IL 60680-4120

RE: Adjustment of Status and Employment Authorization for K-1 Visa Holder

Name:

A #:

SSN:

To Whom It May Concern:

Please accept the following documents for my Adjustment of Status and Employment Authorization Applications, filed based on eligibility grounds of being a K-1 Visa holder recently married to my US-born fiancée.

Please note I have changed my family name from --- to take my spouse’s name of ----.

Summary of Contents:

1. Payments: $395 for I-485 + biometrics, $180 for I-765

2. I-485 – Adjustment of Status

a. Two (2) passport photos

b. Full copy of passport

c. Copy of K-1 visa from passport

d. Copy of Notice of Action 2 “approval” of i-129F

e. Copy of current, valid i-94 (front and back)

f. Copy of Birth certificate

g. Certified Copy of marriage certificate

3. G-325a – Biographical data

4. I-693a – Vaccination supplement

5. I-864 – Affidavit of support from PRIMARY SPONSOR:

a. 2005 federal tax return

b. Attachment A: explanation for lack of 2004 & 2003 tax returns (if applicable)

6. I-864 – Affidavit of support from CO SPONSOR:

a. Letter from employer verifying employment & income

b. i-864a - Contract Between Sponsor and Household Member for ------ (if applicable)

c. 2003-2005 (joint) federal tax returns

7. I-765 – Employment Authorization

a. Copy of current, valid i-94 (front and back)

b. Two (2) passport photos

Sincerely,

[Schatzi 0]

ANSWERS ALL IN BLUE FONT & UPPERCASE

Hi Everyone,

I'm brand new to this area and will be starting my AOS journey October/November and I have a few questions. I've read the guides and been made aware this stage is far more complex than the K-1 process and even just reading the VJ guide has got me confused. Can you help answer these? Anybody?

1. What are the stages of AOS, i.e K-1, filed - noa1-noa2-nvc-embassy-medical-interview. Could somebody do a simple line up like that? I-485 FILED (IF NOT FILED WITH AP & EAD), NOA1, BIOMETRICS SKED LETTER, INTERVIEW SKED LETTER

2. Advanced Parole (AP) that is to enable you to leave and re-enter the USA before a greencard is issued, is that correct? YES IT IS.

2a If what I said in 2 is correct, if I do not plan to return to the UK do I still apply for AP as standard or is it optional? IT IS OPTIONAL.

2b If it is standard do I submit it in the same envelope with the Adjustment of Status documents?

N/A

3. Is it true that once a Greencard is issued you do not need EAD?

YES!

3a If it is not true what I asked in 3 do I submit the EAD documents in the same envelope as the Adjustment of Status? IF YOU STILL WANT TO APPLY FOR EAD, YOU MAY FILE IT CONCURRENTLY WITH THE AOS.

4. Is it correct that the Biometrics Appointment and the AOS interview mean two seperate journeys or is this done together in the same building on the same day etc?

TWO SEPARATE SCHEDULES.

5. At what point are you able to apply for Naturalization. When you recieve your Greencard? Or 2 years after? IF MARRIED FOR LESS THAN 2 YEARS, STILL NEEDS TO APPLY FOR REMOVING OF CONDITIONS ON RESIDENCY. BUT IF NOT, IF MARRIED TO A US CITIZEN, ONE MUST HAVE CONTINUOUS RESIDENCE FOR 3 YEARS.. (NOT SURE ABOUT THIS THOUGH) SOMEONE CORRECT ME IF I'M WRONG...

Thank you

Fiona

Eek perhaps I've confused AP with lifting conditions?

Edited September 10, 2006 by fussycathy

[AFQuaid 18]

That's absolutely brillient! Ok it's all in my head now clear as crystal! Thank you 3 sooo much.

While I'm here because another somewhat related question in another thread got lost with no replies I wonder if you could answer me this;

My fiance has moved house, with our co-sponcer as shes a relative and the new house will be the same place I'll be going to also. The Embassy/whoever needs to know is unaware of this address change. Because we're inbetween K-1 & AOS somebody advised that we just put the new address on the AOS, EAD, AP documents with a note saying it changed from this to that. BUT I saw in the download section some "change of address forms." Do I need to be sending those in or are they for people whos AOS is already in the system?

Thank you again! You're all stars.

Fiona

[rebeccajo 14]

No don't worry about the address business. You're 'in-between' right now. Complete your proper address when you file AOS - if you feel the urge send a note with it saying that Andy moved before you arrived!

[sarah and hicham 3]

Sorry to ask this in your thread but...

I was reading the form for AP and we are going to do it because we want to go to Canada next year sometime to see family and don't know when he will have his GC. There is a part that asks to explain on a separate sheet of paper as to why you need AP. Do we just say we want to go on vacation?

Thanks and sorry.

Sarah

[Schatzi 0]

Sorry to ask this in your thread but...

I was reading the form for AP and we are going to do it because we want to go to Canada next year sometime to see family and don't know when he will have his GC. There is a part that asks to explain on a separate sheet of paper as to why you need AP. Do we just say we want to go on vacation?

Thanks and sorry.

Sarah

Hi Sarah! Yes you can definitely say that you're going on vacation! That's the purpose of the advanced parole.... It's a travel document.

Edited September 10, 2006 by fussycathy

[sarah and hicham 3]

Thank you so much!

[I'm Gone 60]

If your AOS interview is within the first 2 years of marriage you will receive a Conditional green card which is valid for 2 years from your AOS approval. 90 days prior to its expiry you need to apply to remove the conditions (form I-751). Three years after being granted a 'regular' green card you may apply for Naturalization (form N-400...I think).

It's having been married three years and a permanant resident 3 years. The two year conditional time counts towards the three years to file for naturlization and it is the N-400 you file.

[ceriserose 1]

If your AOS interview is within the first 2 years of marriage you will receive a Conditional green card which is valid for 2 years from your AOS approval. 90 days prior to its expiry you need to apply to remove the conditions (form I-751). Three years after being granted a 'regular' green card you may apply for Naturalization (form N-400...I think).

It's having been married three years and a permanant resident 3 years. The two year conditional time counts towards the three years to file for naturlization and it is the N-400 you file.

Thanks for clarifying that. I hadn't studied that part too closely.

Now that we know it's closer, my hubby says he'll start grilling me on US facts. Stay tuned for my head exploding. (No film at 11 though...)

[frndly1 1]

PLease read the Guides they are very helpful.

Hi Everyone,

I'm brand new to this area and will be starting my AOS journey October/November and I have a few questions. I've read the guides and been made aware this stage is far more complex than the K-1 process and even just reading the VJ guide has got me confused. Can you help answer these? Anybody?

1. What are the stages of AOS, i.e K-1, filed - noa1-noa2-nvc-embassy-medical-interview. Could somebody do a simple line up like that? Marriage, AOS and EAD and AP if needed, NOA1, biometrics, interview, gc

2. Advanced Parole (AP) that is to enable you to leave and re-enter the USA before a greencard is issued, is that correct? YES

2a If what I said in 2 is correct, if I do not plan to return to the UK do I still apply for AP as standard or is it optional? NO

2b If it is standard do I submit it in the same envelope with the Adjustment of Status documents? YES,

3. Is it true that once a Greencard is issued you do not need EAD? YES

3a If it is not true what I asked in 3 do I submit the EAD documents in the same envelope as the Adjustment of Status? YES

4. Is it correct that the Biometrics Appointment and the AOS interview mean two seperate journeys or is this done together in the same building on the same day etc? They can be done together as long as you submitted both of the forms together.

5. At what point are you able to apply for Naturalization. When you recieve your Greencard? Or 2 years after? After 3 years

Thank you

Fiona

Eek perhaps I've confused AP with lifting conditions?

[meauxna 15]

Thanks for clarifying that. I hadn't studied that part too closely.

Now that we know it's closer, my hubby says he'll start grilling me on US facts. Stay tuned for my head exploding. (No film at 11 though...)

Quick!

What are the colors of our flag?

(whew, one down, 99 to go).

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