Applying for AOS...

[Nicola&Matthew 0]

Hi i've been brousing the guides on how to apply for AOS and wow, it looks like a lengthy process with a lot of hard work... I'm gonna do a lot of studying!!! ... I guess I'm just seeking reassurance and tips from people who have done this process themselves... We hired a lawyer for our K1 visa and I'm determined to not waste money by hiring a lawyer and to do it ourselves!

I have a small concern with AOS, I arrived in the US on Feb 10th 2006, married on March 11th 2006... our marriage certificate will be taking approx. 120 days to arrive... we did pay for it to be expidited but there is no timescale for this (married in Hawaii)..... I know that AOS has to be filed within the 90 days of my arrival... can I send AOS off with the "keepsake" marriage certficate that we got on the day and then submit the certified copy once we recieve it or do you reccomend waiting? What happens if we get out of the 90days and we still don't have the certificate?

Thanks a lot for your time, its so confusing!!!

Nicola and Matthew

[Jenn! 918]

The I-485 should be filed within 90 days of entry, but there is no hard and fast rule -as soon as possible after the marriage is ideal. That said, if you do not send in your marriage certificate with your I-485 you will receive a request for further evidence, at which point you will be able to send in the certificate to them, but this may bring about some delay in your application.

The general consensus about sending in unsolicited missing documents after the original submission is that it is not recommended as chances are good that the document will never make it to your application package.

120 days for a marriage certificate seems very excessive, but I guess you have no choice?

If it were me I think I would send in my package and wait for the RFE.

Good luck!

[ladybutterfly 0]

The AOS is far easier to do than your K1 petition. All you need to do is fill in a few forms and send your marriage certificate and birth certificate and thats it! The conditions of the K1 is that you marry within 90 days which you have done. There is no set timescale to send in your AOS so breath easy and sit tight whilst you wait for your marriage certificate to come.

[Autumnal 25]

There's apparently no real penalty to filing your I-485 package at the 90 day window. Several VJers couldn't or didn't, whether for financial reasons, trouble putting together all the details in time, or they were simply busy at the time.

I would probably wait to get the marriage certificate before sending in my I-485 but I'm surprised Hawai'i takes so long to distribute the marriage certificates! That's surprising. O.o

[timinden 0]

In the instructions for the K-1 visa, I think #9 it says AOS must be filed promptly, not within 90 days of entry. It says you must be married within 90 days of entry.

[tomica52 0]

It is a firly long process, but you can do it, VJ is a great refference site, and you can learn a lot from other people's experience. As for filing without marriage certificate, I think that it would be safer for you to file before the 90 days is up since otherwise you will be out of status, and that can create problems with leaving the country. As for the marriage certificate it's Hawaii, everything there takes at least twice as long as things on the west coast and at least five times as long as things in the northeast. But hey it all makes sense, if I was in Hawaii I would not do anything faster than it had to be done...

Good luck with the process.

Alex

[Jenn! 918]

Be aware: as soon as your I-94 expires, you are considered out of status until you fil for AOS. Accumulating 180 days out of status can create problems down the road.

Personally, I wouldn't like the "feeling" of being out of status, which is why I would send in my AOS paperwork, expecting an RFE for the marriage certificate.

Chances are though, you'll be fine if you wait to file AOS until you receive the marriage certificate.

[Nicola&Matthew 0]

Lovely thanks for your advice and experiences... I think I will call Hawaii up today to find out exactly how long it will take and then base our decision on sending the paperwork in following that...

I'm really sorry to have to ask another question...on the G325A form... I put my new married name as my "Family name" as I have taken his surname... with "All other names used" section, do I put my maiden name in there? I've not been married before and the examplar form has nothing filled in there....

Thanks alot once again!

[Peggy 1]

Lovely thanks for your advice and experiences... I think I will call Hawaii up today to find out exactly how long it will take and then base our decision on sending the paperwork in following that...

I'm really sorry to have to ask another question...on the G325A form... I put my new married name as my "Family name" as I have taken his surname... with "All other names used" section, do I put my maiden name in there? I've not been married before and the examplar form has nothing filled in there....

Thanks alot once again!

Yes you put your married name on the AOS forms as your family name.

Under all other names used put your maiden name.

[Nicola&Matthew 0]

Much appreciated for your quick reply, i'm feeling more like "I CAN DO THIS" :-D now.... I love visajourney and all the people in it!!!

[motu 6]

Yes, you can do it on your own - its not that hard. I felt that this was easier than the K1 process and having the K1 papers you can redo the parts that are needed e.g. G325a with the new name and address info; the I864 is the I134 in a different format. Its much easier and you can save the money for that Las Vegas trip. Good luck

[Nicola&Matthew 0]

It takes 3 weeks to expidite a marriage certificate in Hawaii, so I think its gonna be best to wait!

Last question (i promise!) is it gonna be a problem if i sent all of our aos paperwork without me having a SSN? I'm trying to find a way to get down to the local ss office during the week and its proving to be a bit of a problem as its so far away... What do you think? (thanks once again!)

[ladybutterfly 0]

It takes 3 weeks to expidite a marriage certificate in Hawaii, so I think its gonna be best to wait!

Last question (i promise!) is it gonna be a problem if i sent all of our aos paperwork without me having a SSN? I'm trying to find a way to get down to the local ss office during the week and its proving to be a bit of a problem as its so far away... What do you think? (thanks once again!)

You dont need an SSN for AOS so dont worry about that.

[Guest ajay160]

Hey Nicola:

Our story is very similar to yours too. I am here in USA on H1 B and I met my wife in Nov of 2002 on Yahoo and we recently got married in Maui, Hawaii on March 2nd 2006. I am waiting for my marriage license to file the AOS papers. Thought I have send the fees to expidiate the process but I guess its gonna take alteast a month.

Good Luck with your processing.

Thanks

AJay

[nyc 0]

Be aware: as soon as your I-94 expires, you are considered out of status until you fil for AOS. Accumulating 180 days out of status can create problems down the road.

Personally, I wouldn't like the "feeling" of being out of status, which is why I would send in my AOS paperwork, expecting an RFE for the marriage certificate.

Chances are though, you'll be fine if you wait to file AOS until you receive the marriage certificate.

Yes, as far as the names you are correct.

Your certificate will come within 3-4 weeks, don't worry. And don't make the same mistake as I did.

We got married in Vegas and they also told us to wait 3 weeks so I decided to wait those 3 weeks before having even a look at the docs. Mistake. Do everything now, it's a lot of work, because there's usually something difficult. For example we didn't have my husband's return from 2002 so it took time to find out what to do, etc.

So do it all, forget about the certificate, it will come and then once you get it you'll be redy to send everything the next day.

Good luck!

Anna