AOS Questions

[woolencap 0]

Greetings,

We are new to this forum and I apologize in advance for posting questions which may have been answered elsewhere. I am an American born citizen and my spouse from Argentina came to the US on a B2 visitor visa. We spontaneously married here in California and are preparing to file for her green card via AOS. We would like to get everything sent off before her I-94 expires on December 2, but it's quite a bit to get done on time as many of you know. Hence, our questions:

• Once we file the I-130 packet is she considered "legal" even when her I-94 expires? Or would we have to get the I-485 packet sent out in time as well?

• Would sending out the I-485 packet a month or so later than the I-130 significantly delay green card process or create complications?

Thank you for your guidance on these issues and I'm sure we'll be posting more questions as we advance in the process!

[Jo Së 200]

• Once we file the I-130 packet is she considered "legal" even when her I-94 expires? Or would we have to get the I-485 packet sent out in time as well?

• Would sending out the I-485 packet a month or so later than the I-130 significantly delay green card process or create complications?

• No, once her B2 expires she will be out of status until she gets her AOS approved and have received NOA1

• You should file both I-130 and I-485 together to adjust her status since she entered the US with a legal visa.

[TBoneTX 46,295]

*** Thread moved from CR-1 Process forum to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum. ***

[Hypnos 6,578]

• No, once her B2 expires she will be out of status until she gets her AOS approved and have received NOA1

No, she'll be out of status until the I-485 is accepted for processing by USCIS; this confers a period of authorised stay which remains until the I-485 is approved or denied.

[newacct 688]

• Once we file the I-130 packet is she considered "legal" even when her I-94 expires? Or would we have to get the I-485 packet sent out in time as well?

No, filing I-130 has no effect on her deportability. Only filing I-485 protects her aginst deportation. It can be filed before or after her I-94 expires.

• Would sending out the I-485 packet a month or so later than the I-130 significantly delay green card process or create complications?

There is no benefit and some downsides to filing I-130 earlier than the I-485. That would only let immigration know about her being here and deportable, without giving her any protection against deportation. I-130 and I-485 should be filed concurrently when you are ready to file both.

Edited November 6, 2015 by newacct

[newacct 688]

• No, once her B2 expires she will be out of status until she gets her AOS approved and have received NOA1

"Out of status" is not what the OP asked about. Plus your statement doesn't make any sense because approval happens at the end and NOA1 happens at the beginning.

Edited November 6, 2015 by newacct

[dwheels76 5,475]

Greetings,

We are new to this forum and I apologize in advance for posting questions which may have been answered elsewhere. I am an American born citizen and my spouse from Argentina came to the US on a B2 visitor visa. We spontaneously married here in California and are preparing to file for her green card via AOS. We would like to get everything sent off before her I-94 expires on December 2, but it's quite a bit to get done on time as many of you know. Hence, our questions:

• Once we file the I-130 packet is she considered "legal" even when her I-94 expires? Or would we have to get the I-485 packet sent out in time as well?

• Would sending out the I-485 packet a month or so later than the I-130 significantly delay green card process or create complications?

Thank you for your guidance on these issues and I'm sure we'll be posting more questions as we advance in the process!

Since your other questions were answered just want to make sure and ask you are including the EAD, and Advance Parole right? Just want to make sure you don't miss those two most important forms. If not here's the K1 guide you can follow to get all you need.

http://www.visajourney.com/content/k1k3aos

[woolencap 0]

Thank you all very much for your replies! From what I'm gathering It sounds like it is definitely better to wait until we have everything (I-130+I-485+EAD+Advance Parole) ready to send out together, even if that means filing after her I-94 has expired...

[Elf 146]

Thank you all very much for your replies! From what I'm gathering It sounds like it is definitely better to wait until we have everything (I-130+I-485+EAD+Advance Parole) ready to send out together, even if that means filing after her I-94 has expired...

Yes, if your options are filing only the I-130 before her I-94 expires, or filing the entire AOS package after her I-94 expires, waiting until you can file the entire package is definitely the better option.

Obviously, the sooner you can get the package together and file for AOS the better, both because it will put her back into a period of authorized stay and because she will be able to apply for an SSN and start looking for work as soon as she receives her EAD. The EAD has to be adjudicated within 90 days of receipt, so unless you get an RFE, she should have it within three months of submitting the application.

So, wait until you are sure you have everything ready and can submit the complete AOS package, but try to get to that point as quickly as you can

[Jo Së 200]

No, she'll be out of status until the I-485 is accepted for processing by USCIS; this confers a period of authorised stay which remains until the I-485 is approved or denied.

"Out of status" is not what the OP asked about. Plus your statement doesn't make any sense because approval happens at the end and NOA1 happens at the beginning.

My mistake, I meant to say when the packet is received, not approved.