ATLANTA AOS FILERS AND TIME LINES 2013

[f&c 50]

Looks like I'll probably end up having my interview at the Portland, Oregon office. If none of you late 2013 filers have gotten you interview date, there's likely no chance I'll get mine in 3-4 months unless the Atlanta office performs a miracle and plows through a ####### load of cases in a few months.

I have no doubt that you will have your interview before us in Portland, even with USCIS having to transfer your file.

[Erica & L 50]

The system just sucks because I'm sure people in Alabama and Georgia would be happy to drive a little farther to another fairly close office if it meant they got approval of their case.

If I lived about 20 miles North of where I am currently I probably would have been assigned the Memphis, TN USCIS office. Ah well!

[f&c 50]

I would travel anywhere in the country to have our interview. Anyway, you'll be better off in Portland. I love that city.

[Erica & L 50]

I love it too. Excited to get out of the south in all honestly.

Hopefully things move faster for all you 2013 filers in the upcoming months!

[Skyview 3]

I don't really care when we are going to have our interview. Im with my husband and thats all it counts. Got my EAD and everything else will come when it comes. we made it thru this with patience and will will continue with patience.

[Erica & L 50]

Only reason I care about my interview being sooner rather than later is because I was out of status too long and therefore didn't apply for AP so I need the GC before I can leave the country and we really want to drive back up to Vancouver and see everyone we miss because I haven't seen them in almost a year.

[Mrs. Parker 0]

I didn't know there was a time frame for applying for AP Erica...please explain

[Erica & L 50]

I didn't know there was a time frame for applying for AP Erica...please explain

If you're out of status for a certain period of time (I think it's 180 days?) and you leave the country, even if you had your AP approved, the USCIS considers that you are abandoning you're application and since you've been in overstay, you likely won't be able to re-enter for at least a year. You basically have to stay put until your GC or risk a ban.

Overstay is forgiven if you're married to a US citizen, but depending on how long you've been in overstay, your AP might be invalid.

I was in overstay and didn't see the point in applying for the AP because I didn't want to risk attempting to leave the country during the process even though I wasn't at the 180 day mark yet. You'd have to double check the fine print or talk to a immigration lawyer for the specifics, this is what I was informed about my case before I filed my AOS.

Edited April 18, 2014 by Erica & Lily

[Mrs. Parker 0]

I definitely have to check that out because I was not aware that even with an AP you could still be banned.

[Erica & L 50]

I definitely have to check that out because I was not aware that even with an AP you could still be banned.

This quote sum up the information that I was told and confirmed by other users when I made a thread about it as well (which I can't find):

Once you apply for the AOS and receive the (noa) you stop accumulating days "unlawful presence" (you do this if your status is "unlawful", ie, you went past the period of authorized stay) - since they accepted the application and your awaiting adjudication.

Any "unlawful presence" days prior to that still count (prior to the NOA date), and if your denied, the clock starts again till you leave. (and if over 180+ days, ban time upon re-entry to the US).

Simply applying for the AOS does not erase this "unlawful presence" - once you get the Greencard, it is not applied to you anymore, however (the unlawful presence),

This is why it's important that the applicant know their own "unlawful presence" days prior to leaving the US, even if the AP is approved (and you have the NOA from the AOS), because USCIS does not check when you request it (AP/AOS)

The bar is only triggered if you depart the US.

CBP will check when you re-enter, and if your over the days (180+) they can ban you. (3 yr ban = 180+ days (but less than 1 yr), 10 yr ban = 1 yr+) - you would need to get a waiver (if your using the AP) to get back into the US.

There are some exceptions and some harsh implications toward the adjustment application, but you would have to deal with it with your lawyer and USCIS - I would take the warning that is in the AP instructions and be very wary if I had any unlawful presence counted toward me.

You can search and find a bunch of threads pertaining to this information as well.

Essentially, even if you leave the country with an AP if you've overstayed the 180 day period, the border guards could not let you back in because you overstayed last time you entered.

[Mrs. Parker 0]

Really appreciate the information....I was definitely of the wrong impression.

[RajSCB 0]

Hi All - This is my first post.

Background: We are same-sex couple (American and Indian). Met in India in April 2007. Husband moved back to US in Oct. 2007 .Traveled back and forth on B1/B2 till 2010. Moved to Atlanta in 2011 on F1 (Emory). Graduated in May 2013. Was on OPT EAD and working since June.
DOMA repealed in June 2013 :-). Married in California on 19th Sep. 2013.

Filed for AOS in 1st week of October.
Biometrics 1st week of November.
Testing/interview since 14th November.
EAD/AP 1st week of December.

On April 16th received the following mesage "On April 16, 2014, we mailed you an appointment notice for an interview for May 22, 2014. "

Happy and excited now

[f&c 50]

Only reason I care about my interview being sooner rather than later is because I was out of status too long and therefore didn't apply for AP so I need the GC before I can leave the country and we really want to drive back up to Vancouver and see everyone we miss because I haven't seen them in almost a year.

My wife is in the same boat. She hasn't been able to visit family and friends in Canada for years. I feel so bad for her

[f&c 50]

Hi All - This is my first post.

Background: We are same-sex couple (American and Indian). Met in India in April 2007. Husband moved back to US in Oct. 2007 .Traveled back and forth on B1/B2 till 2010. Moved to Atlanta in 2011 on F1 (Emory). Graduated in May 2013. Was on OPT EAD and working since June.

DOMA repealed in June 2013 :-). Married in California on 19th Sep. 2013.

Filed for AOS in 1st week of October.

Biometrics 1st week of November.

Testing/interview since 14th November.

EAD/AP 1st week of December.

On April 16th received the following mesage "On April 16, 2014, we mailed you an appointment notice for an interview for May 22, 2014. "

Happy and excited now

Congrats! Maybe things are starting to move in Atlanta.

[Erica & L 50]

My wife is in the same boat. She hasn't been able to visit family and friends in Canada for years. I feel so bad for her

Yeah it sucks. My wife loves my friends more than her own and she misses them too. Luckily since we're moving to Portland they can drive down or we can meet them up in Seattle for a weekend and make do until the GC. I just really miss 3 of my close friends and it almost seems surreal to think about the last time I hugged them and said goodbye, doesn't feel like it's been a whole 11 months.

I told them when I was leaving it was only for 6 months because that was the limit and then we'd have to move back there for 6 months and repeat because at the time, DOMA wasn't changed. It's been almost a year and when I told them we were moving to Portland they were super stoked.

Hi All - This is my first post.

Background: We are same-sex couple (American and Indian). Met in India in April 2007. Husband moved back to US in Oct. 2007 .Traveled back and forth on B1/B2 till 2010. Moved to Atlanta in 2011 on F1 (Emory). Graduated in May 2013. Was on OPT EAD and working since June.

DOMA repealed in June 2013 :-). Married in California on 19th Sep. 2013.

Filed for AOS in 1st week of October.

Biometrics 1st week of November.

Testing/interview since 14th November.

EAD/AP 1st week of December.

On April 16th received the following mesage "On April 16, 2014, we mailed you an appointment notice for an interview for May 22, 2014. "

Happy and excited now

Yay that's so great!!