AOS approved on the spot but had to complete I-508?

[aussie_jason 195]

We had our AOS interview this morning, got there 30 minutes before the appointment time but weren't called until 30 minutes after the appointment time so getting there early didn't seem to help. It was all fairly straight forward except for:

1. The IO was of the opinion that as I was adjusting from an E3 visa that I needed to complete I-508 in triplicate to waive my rights, privileges and immunities but I'm not employed by the Australian government so that shouldn't have been required but I went along with it as I wasn't about to argue with an IO.

2. We had a blonde moment and got the date of admission from the I94 mixed up, we put the 23rd instead of the 16th as I was admitted until the 23rd so CBP must have given me an extra week after my current E3 expired

3. My wife noticed something about a potential denial due to not having certified court records but thankfully I had them with me

It was very casual she asked the standard questions about the various dates (when we met, our birthdays, marriage date etc), asked for our proof of bona fide marriage so we handed her the package we had for that and she kept the entire thing, she flicked through, complimented us on how pretty our wedding was when she got to the photos and asked my wife who some of the people in the photos were. The package I put together for the proof of bona fide marriage included:

- A confirmation of my benefits through work listing her as a beneficiary for health, dental & vision and a 100% beneficiary on my life & AD&D insurance

- An account statement from a joint savings account we started back in 05/2012

- Copies of our store cards from Victoria Secret & Express showing we have cards for the same account number

- My emails with her dad (he doesn't speak English and I don't speak Spanish) asking for his permission to marry his daughter

- An article from houston.eater.com reporting on our engagement at a local restaurant

- A couple of itineraries to NYC together for thanksgiving and christmas with family there

- About a dozen photos of random social and travel pics with a bunch of our wedding with family

We also had our 2013 tax transcript that we filed MFJ but I had that filed with our copy of the I864 and she didn't ask for it so I didn't offer it up.

Once I completed the forms and she had finished asking questions she left the room for a while, then came back and told us we could put our ID's away now but she still needed my passport for a little longer (at that stage I knew I was approved AND was going to get my passport stamped without even asking), then I saw her pull out a stamp and I noticed the APPROVED so I started doing a little chair dance, from then she just had to stamp the file and my passport, write in some details, punch a few things into the computer and then we were good to go after she went over the process for ROC etc. The online status hasn't ticked over yet but I'm not worried about that as I already have my I-551 stamp so already am officially a permanent resident!

[f&c 50]

Congratulations!

[Harpa Timsah 13,258]

Hey Jason, Congrats!

[Mrs. Parker 0]

Congrats!!!!!!

[Uhoh 10]

Congrats!

[blk 87]

Congrats to you Jason & you wife

[aussie_jason 195]

Thanks all! I was a little worried at first as our IO's name was B. Slaughter, I thought that was rather humorous!

[Harpa Timsah 13,258]

Thanks all! I was a little worried at first as our IO's name was B. Slaughter, I thought that was rather humorous!

[aussie_jason 195]

The online system only just now updated to Card Production Ordered so I should expect to get my green card next week sometime going by the time it took to get my EAD, which they didn't take even though I got the I-551 stamp so I have a nice little souvenir of the AOS process now.

[ajhigh 2]

We had our AOS interview this morning, got there 30 minutes before the appointment time but weren't called until 30 minutes after the appointment time so getting there early didn't seem to help. It was all fairly straight forward except for:

1. The IO was of the opinion that as I was adjusting from an E3 visa that I needed to complete I-508 in triplicate to waive my rights, privileges and immunities but I'm not employed by the Australian government so that shouldn't have been required but I went along with it as I wasn't about to argue with an IO.

Hi Jason,

That's really interesting (to me, anyway!) about the I-508 triplicate thing. When I was filling out my AOS paperwork, that was one of a short list of questions I couldn't find an answer to anywhere. A literal reading of the materials implied I needed to fill it out (because as an E-3 visa holder, I am of course an E visa holder, and from memory E visa holders are instructed to fill it out) but of course as you point out, the form is to waive diplomatic immunities/privileges, which we don't benefit from under the E-3 visa, so it seemed completely unnecessary (and perhaps a bit neurotic on my part to even be worrying about it). Seems like a bit of an oversight on USCIS' part in terms of failure to clarify which sub-classes of E visas should fill it out.

Being scared that an officer in a bad mood would reject my application if I didn't include the I-508, I actually made an InfoPass appointment and that was something I asked them - whether E-3 visa holders need to fill out the I-508. They had no idea (including the managing officer on duty). I also rang the helpline and I don't think the person I spoke to even knew what an E-3 visa was, let alone whether E-3s need to fill out the I-508.

Anyway, I filled it out in triplicate just in case, and wrote a little note with my packet saying that the InfoPass officer was unsure whether it was necessary, and apologising if it was superfluous. I wonder if anyone other Aussies have had similar experiences to yours?

Well, congratulations on the visa! I'm in Chicago and our wait time is currently 6 - 7 months, according to local attorney blog updates and Visa Journey, so I'm not expecting an interview until Fall (priority date January 16).

-- AJH