Adjustment of Status

[Acij 2]

Hello, everyone. I have a few questions regarding filing for adjustment of status. Here is my case:

 

I arrived in the US Sept 2013 with K1 Visa, got married within 90 days. We never filed for AOS as my husband hurt himself in the job. We filed for Social Disability, he got approved just yesterday. In short, I'm out of status since 2013. We are planning to file for AOS -finally- next month and I have a few questions, a lot of questions rather.

 

1. I am from Arizona, where do I file and send the documents? I read on the USCIS website my husband and I are arguing, he said in Phoenix but I said in Chicago. Please help.

 

2. Do I get a notice of action or acknowledgement thar the USCIS got my documents? Just in case an immigration officer pull me over I got something to show them?

 

3. How long is the whole process gonna be? Can I travel to the Philippines while waiting for the results? What do I need to do?

 

4. Can somebody help me with naming all the forms that I need to include in filing AOS?

 

5. Can I travel around the US while my application is pending? 

 

6. Do I also need to do medical examination again the same time I file for AOS or do I wait until the interview?

 

7. Does anyone know someone who undergo on the same process like I do? 

 

I can't remember if I have more questions, for now I need help on these. Thank you so much!

[Suss&Camm 2,213]

7 minutes ago, Acij said:

Hello, everyone. I have a few questions regarding filing for adjustment of status. Here is my case:

 

I arrived in the US Sept 2013 with K1 Visa, got married within 90 days. We never filed for AOS as my husband hurt himself in the job. We filed for Social Disability, he got approved just yesterday. In short, I'm out of status since 2013. We are planning to file for AOS -finally- next month and I have a few questions, a lot of questions rather.

 

1. I am from Arizona, where do I file and send the documents? I read on the USCIS website my husband and I are arguing, he said in Phoenix but I said in Chicago. Please help.

 

Where you file depends on eligibility category. K1's are c9 which file in Chicago.

7 minutes ago, Acij said:

2. Do I get a notice of action or acknowledgement thar the USCIS got my documents? Just in case an immigration officer pull me over I got something to show them?

Yes, you will receive a i797c that shows that AOS is pending and grants you a period of authorized stay.

7 minutes ago, Acij said:

3. How long is the whole process gonna be? Can I travel to the Philippines while waiting for the results? What do I need to do?

No. If you want to travel you have to also apply for i-131 AP... this is free with concurrent filing with i-485, as is EAD  (i-765 employment authorization document)

7 minutes ago, Acij said:

4. Can somebody help me with naming all the forms that I need to include in filing AOS?

Read the guides

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

http://www.visajourney.com/content/k1aos

7 minutes ago, Acij said:

5. Can I travel around the US while my application is pending? 

Yes, bring the i-797c (NOA1)-just in case

7 minutes ago, Acij said:

6. Do I also need to do medical examination again the same time I file for AOS or do I wait until the interview?

You will need to send in a medical i-693 sometimes if it's not there they will send you an rfe, sometimes they will wait and ask to bring if you have an interview. K1's can get interview waiver - although idk if the time you waited might prompt them to give you an interview.

7 minutes ago, Acij said:

7. Does anyone know someone who undergo on the same process like I do? 

VJ is full of them - just search using the tool and read the threads

7 minutes ago, Acij said:

I can't remember if I have more questions, for now I need help on these. Thank you so much!

Good luck! 

[TL2016 208]

1. All AOS applications go to the Chicago lockbox first. And if necessary, USCIS will then spread out the cases to local offices or to another service center at a later point. But you have to send all your documents to the lockbox in Chicago. 

 

2. Yes. You will get text messages, emails (if you fill out the e-notification form) and a little bit later actual mail that your cases have been accepted around 1-3 after they've received your stuff in average. 

 

3. Anywhere between 3 and 12+ months. No one can tell you in advance how long all of this will take. But if you want to go to the Philippines while you wait for your green card, you'll need to get the Advance Parole document you get by filing form I-131 along with all the other forms. The processing time for that is currently 3-4 months.

 

4. I-485, I-765, I-131 and all supporting evidence and documents like the affidavit of support. Check out the guide section here on VJ for more info. 

 

5. Yes. Once your application has been accepted by USCIS you enter an authorized period of time you can spend in the US until a decision has been made on your AOS. 

 

6. Yes. Medicas are usually only good for a year and since yours was likely more than 3 years ago, you'll need a new one. 

 

7. Everyone here in the AOS section of the forum is going through the same or has a family member that is. We're all in the same boat.

Edited April 15, 2017 by TL2016

[Acij 2]

1 minute ago, TL2016 said:

1. All AOS applications go to the Chicago lockbox first. And if necessary, USCIS will then spread out the cases to local offices or to another service center at a later point. But you have to send all your documents to the lockbox in Chicago. 

 

2. Yes. You will get text messages, emails (if you fill out the e-notification form) and a little bit later actual mail that your cases have been accepted around 1-3 after they've received your stuff in average. 

 

3. Anywhere between 3 and 12+ months. No one can tell you in advance how long all of this will take. But if you want to go to the Philippines while you wait for your green card, you'll need to get the Advance Parole document you get by filing form I-131 along with all the other forms. The processing time for that is currently 3-4 months.

 

4. I-485, I-765, I-131 and all supporting evidence and documents like the affidavit of support. Check out the guide section here on VJ for more info. 

 

5. Yes. Once your application has been accepted by USCIS you enter an authorized period of time you can spend in the US until a decision has been made on your AOS. 

 

6. Yes. Medicas are usually only good for a year and since yours was likely more than 3 years ago, you'll need a new one. 

 

3. Will it affect the wait time for the AOS wether if I include I-131 in filing AOS?

[Suss&Camm 2,213]

1 minute ago, Acij said:

 

3. Will it affect the wait time for the AOS wether if I include I-131 in filing AOS?

No

[Suss&Camm 2,213]

If you file i-131 and i-765 you will receive a combo card which is good for travel and allows you to work while waiting for the green card. Since it's free most ppl file both and they are processed separately from your i-485.

[Acij 2]

1 minute ago, Suss&Camm said:

No

 

1 minute ago, Suss&Camm said:

No

In your own opinion, should I just wait for the whole process of AOS instead of filing a permit to travel? Is there any consequences of this? Like will it be easy for me to come back to the US from the Phil?

[Acij 2]

1 minute ago, Suss&Camm said:

If you file i-131 and i-765 you will receive a combo card which is good for travel and allows you to work while waiting for the green card. Since it's free most ppl file both and they are processed separately from your i-485.

Is it free? I thought I saw I have to pay separately for the travel to permit. I might misread it but I'll read it again

[Suss&Camm 2,213]

Just now, Acij said:

 

In your own opinion, should I just wait for the whole process of AOS instead of filing a permit to travel? Is there any consequences of this? Like will it be easy for me to come back to the US from the Phil?

No - we are all checked at the border. You are never guranteed entry, but they won't deny entry for no reason. The document is made for the specific purpose so ppl can travel. If all your other travel documents are in order and you bring NOA1 and marriage certificate if there are name changes, I wouldn't worry

[Acij 2]

2 minutes ago, Acij said:

Is it free? I thought I saw I have to pay separately for the travel to permit. I might misread it but I'll read it again

Oh yeah I just read it again, it is free

[Suss&Camm 2,213]

2 minutes ago, Acij said:

Is it free? I thought I saw I have to pay separately for the travel to permit. I might misread it but I'll read it again

It's free when you file those form together with the i-485. You will find it in the instructions.

[Acij 2]

3 minutes ago, Suss&Camm said:

No - we are all checked at the border. You are never guranteed entry, but they won't deny entry for no reason. The document is made for the specific purpose so ppl can travel. If all your other travel documents are in order and you bring NOA1 and marriage certificate if there are name changes, I wouldn't worry

So that means I can file I-485 and the travel permit nevertheless and it won't affect me? What if I filed for the travel permit and I didn't go outside the US, will it have a penalty since I filed for travel doc and I didn't go?

Edited April 15, 2017 by Acij

[Suss&Camm 2,213]

2 minutes ago, Acij said:

So that means I can file I-485 and the travel permit nevertheless and it won't affect me? What if I filed for the travel permit and the didn't go outside the US, will it have a penalty since I filed for travel doc and I didn't go?

No - you aren't required to travel. You can apply just in case. You don't have to fill out the part explaining why you are traveling. The i-485 application is your reason for applying as a K1. You can just write "unknown" in the fields asking for date and purpose.

Edited April 15, 2017 by Suss&Camm

[Acij 2]

3 minutes ago, Suss&Camm said:

It's free when you file those form together with the i-485. You will find it in the instructions.

I was reading too, do I need that I-130? I think it says Petition for Alien Relative?

[Suss&Camm 2,213]

Just now, Acij said:

I was reading too, do I need that I-130? I think it says Petition for Alien Relative?

No you were petitioned with the i129f. The i-130 is the underlying petition for other family based AOS.