Best time to file AOS

[shranjan84 5]

Hi,

Appreciate any help.

I came to US in Jan,2009 for doing MS , Graduated on December 2010, Working on OPT also H1b filled by Current employer(decision pending). Got married to My USC gf on 07/06/2012 in Ohio. Currently she working a temporary job in NY . She was NY resident but now she changed her permanent address to OHIO (Joint bank, State ID,Rental Lease all done).

She will be done with her temporary job by September end move back to Ohio Permanently.

In December we are going to my country to do a marriage our cultural/religious way . So now I am confused when would best time for me to file for AOS so that I can get Advance Parole before December 1st and my interview falls after January 1st week.

Thanks

[SuperDuper! 230]

Hi,

Appreciate any help.

I came to US in Jan,2009 for doing MS , Graduated on December 2010, Working on OPT also H1b filled by Current employer(decision pending). Got married to My USC gf on 07/06/2012 in Ohio. Currently she working a temporary job in NY . She was NY resident but now she changed her permanent address to OHIO (Joint bank, State ID,Rental Lease all done).

She will be done with her temporary job by September end move back to Ohio Permanently.

In December we are going to my country to do a marriage our cultural/religious way . So now I am confused when would best time for me to file for AOS so that I can get Advance Parole before December 1st and my interview falls after January 1st week.

Thanks

The best time to file for AOS is ASAP, or soon after you are married. OTOH, there are some cagey types who will chime in with the predictable and hackneyed expression, "There is no time limit for filing the AOS." That is the least helpful statement known to mankind. Because with that approach, why didn't they just wait 5 or 10 yrs to file the AOS? Obviously, there would be trouble with the USCIS is you waited indefinitely to file AOS. For this reason, a petitioner must save up ahead the $1010 needed to file, so he needs to lump in the cost of the K-1 and AOS, and be prepared and keep the ball rolling. Good luck to you, OP for doing just that!

[amykathleen2005 441]

No guarantees for anything. However AP usually takes around 60-90 days. So that gives you are bit of a time frame to go by.

[shranjan84 5]

No guarantees for anything. However AP usually takes around 60-90 days. So that gives you are bit of a time frame to go by.

Thanks for reply. even I wanted to apply ASAP but stopping her from working would also be bad for her career and at the same time if I get the GC interview before September then it would be a red flag as we are not continuously living together. So please tell me how much time all process take approximately if everything goes well?

[amykathleen2005 441]

The process can take 4-6 months. Here is a list of offices and their processing times. Where would you be interviewing?

http://www.visajourney.com/timeline/aosstats.php

[shranjan84 5]

The process can take 4-6 months. Here is a list of offices and their processing times. Where would you be interviewing?

http://www.visajourney.com/timeline/aosstats.php

Columbus,OH

[shranjan84 5]

Columbus,OH

Also my H1B is being filled this year.Can I enter back to US on H1B even when my AP did not get approved by the time I leave US?

[wifi 6]

Also my H1B is being filled this year.Can I enter back to US on H1B even when my AP did not get approved by the time I leave US?

Yes. As an H1B has dual intent. It also serves as Advance Parole. That said, with AOS taking approx. 4 - 6 months. It is best not to risk travel and stay within the US until you receive your green card. Some people have been known to have been refused entry on return to the US when traveling with H1B and/or AP. Every entry is gamble and is up to an officer who can be subjective.

[ceadsearc 516]

You could also wait to file for AOS until you return, since there is no guarantee when you will get an interview (assuming you will have your h1-b by then). H1-b is a dual intent visa so you can go back and forth with it. You can also use it instead of AP. But, again, no way to know when your AOS interview will be if you file AOS now.

[shranjan84 5]

You could also wait to file for AOS until you return, since there is no guarantee when you will get an interview (assuming you will have your h1-b by then). H1-b is a dual intent visa so you can go back and forth with it. You can also use it instead of AP. But, again, no way to know when your AOS interview will be if you file AOS now.

Does USCIS consider the travelling dates while scheduling the interview? I think i would have to face the risk while travelling on H1b too(stamping and all).I just want have the interview b/w October to November or after January. There would always be risk when I am leaving country. Also I want to leave my current employer as soon as possible.

[del-2-5-2014 1,339]

The best time to file for AOS is ASAP, or soon after you are married. OTOH, there are some cagey types who will chime in with the predictable and hackneyed expression, "There is no time limit for filing the AOS." That is the least helpful statement known to mankind. Because with that approach, why didn't they just wait 5 or 10 yrs to file the AOS? Obviously, there would be trouble with the USCIS is you waited indefinitely to file AOS. For this reason, a petitioner must save up ahead the $1010 needed to file, so he needs to lump in the cost of the K-1 and AOS, and be prepared and keep the ball rolling. Good luck to you, OP for doing just that!

Excellent response.

Gowon recommends to AOS at each opportunity and ASAP.