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earthboundfaerie

Help please -- How soon should I file for AOS?

By earthboundfaerie in Adjustment of Status from Work, Student, & Tourist Visas

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earthboundfaerie Rookie

earthboundfaerie   0

Posted
Filed: Country: Philippines
 Timeline
Posted

Hi everyone,

I am new here and so relieved to have found a forum for help on this whole application process. The Internet could be so overwhelming sometimes!!

So, anyway, here is my case:

I have been married to a US citizen for the past 6 years now. We have a 5-year-old son and another baby due in February. We have been based in the Philippines since we got married but we came here to visit family for Thanksgiving but soon after arriving, my husband was offered a job and so now, we have decided to stay and try living here in America.

I have had my tourist VISA (B-2) for almost 10 years now, way before my husband and I met, so I entered here with that VISA. I was given until April 2012 for this stay. We are planning to start the application process for the AOS soon, but with the baby on the way, we're having a few problems with the medical exam requirements so we are thinking of waiting until the baby arrives. Is this possible? Or is this a bad idea?

When I file for the I-485 (together with the I-130), does that automatically extend my allowed stay here until I get the results for my application? What happens when April comes (and my I-94 expires) and my application for AOS hasn't been approved yet? Do I get sent home for that?

Really hoping you guys can help me and shed a light on our concerns. Thank you so much in advance for all the help! :)

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Yes, you can wait until the baby is born to file for AOS, but you really don't have to do that. The medical exam is not invasive or risky to pregnancy, and if you were to need vaccinations that are not recommended to be taken while pregnant you can get those later. However, should you choose to wait until after the baby comes, that is fine too.

Once USCIS received your application, you enter into a new period of authorized stay. Your B2 status becomes irrelevant. You are then allowed to be in the US legally until you have a decision on your GC application, which usually takes around 5-6 months from filing the papers.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Pupsik Explorer

Pupsik   4

Posted
Filed: Citizen (pnd) Country: Russia
 Timeline
Posted

the sooner you start...the sooner you are approved :yes:

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Dina and Craig's timeline:

08-27-2010 Met through a mutual friend

04-17-2011 Married

08-01-2011 AOS Packet sent (I-130,I-485,I-765) via USPS Priority mail

08-03-2011 Package delivered via USPS tracking

08-08-2011 Received Text/Email that all 3 apps were accepted/Checks cashed

09-06-2011 Biometrics Appt. in Philly

09-14-2011 RFE Sent for 485. I forgot to sign one section of the 485

09-21-2011 RFE Mailed back to USCIS

10-14-2011 Card production of EAD ordered

10-17-2011 Interview notice (I-797C) received for 11-16-2011

10-22-2011 EAD Card received

11-16-2011 APPROVED. Card Ordered, Passport Stamped.

 
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