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lms

AOS from VWP w/ pending O1 (RFE answered yesterday)

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Hi Community, 

 

Glad I found you guys. Seems there are a lot of knowledgeable people here.  

 

Mine is a tricky one. I started preparing everything for my O1 in spring 2017. I got an RFE in late August 2017. Sadly my lawyer has been subpar all the way and has only sent in my RFE (which he had all paperwork for from me since 2 months now and my calls and emails have been unanswered most of the time). 

However, since I missed my partner and friends, and had a few meetings to attend for possible future jobs I decided to come to NYC spontaneously on 31st of August for 3,5 weeks (booked flight 2 days in advance, didn't bring anything someone could need in NYC in winter LOL). 

 

My partner and I never wanted to get married, we have known each other for 10 years now (entry records should show her address for all that time when I came visit) - always very very close but we never truly wanted to commit to one another & also it was never the right timing...at least not in a way of such a big commitment, other relationships, not wanting to be apart but together and so on. She visited me in Austria, I probably visited her 15 times over the past 10years. I know her parents and brother since 8 years. 

 

Oh well, while here on VWP (now) fiancee asked me to marry her regardless of my O1 outcome and we started planning our future more deeply and now don't want to be apart anymore. 

 

My last day of being here legally is Nov the 28th.

We got our marriage license this week, next week we are getting married and have planned a totally us party in our neighborhood bar with about 40 of our friends (sadly our families can't come, but have planned a little gathering in CA & Austria for us in 2018). 

I now feel like no matter what I am gonna do, it is gonna be the wrong choice. 

Leaving my than spouse on the 27th without knowing if I can return in a few weeks (if O1 is granted) or if we than have to do CR1 and a chance I can't even come visit for a year (my lawyer said O1 denial at USCIS center is not a visa denial within the ESTA terms? but I don't know if that is true - I don't trust lawyers anymore).  

Or doing AOS from VWP before the 28th (another lawyer said I should wait until I am here illegally, that makes the least sense to me and I definitely don't want to do that) while filed for O1 under Premium Processing. Thanks to my absolute useless lawyer I will most likely receive the answer for my O1 1-3 days after I'd need to leave the country (or do AOS). 

 

PS: I am Austrian, have a clean record, never overstayed anything over the past 11 years coming to the US for vacation, never got questioned at the PoE and have almost all of the paperwork for AOS together (I thought just in case I start to get prepared, my birth certificate should be here anytime next week). I can survive a couple of months without income (even though I have lost 5 figures already due to my RFE /jobs I couldn't do), however I make most of my annual income from March-August/September and spend winters with taxes/accounting/proposals/writing Blogs for myself/self-employed and of course traveling. 

 

Any advice? Personal opinion?

I can't believe I ended up in this weird situation, but I guess home is where your heart is and sometimes things just happen that you didn't expect.

 

Have a great day/evening, 

L

 

Edited by lms

11/25/2017 - AOS Papers Sent

11/27/2017 - Package delivered by FedEx

12/07/2017 - NOA1's received in the mail

12/15/2017 - Biometrics Appointment letter received scheduled for 12/27/2017

12/22/2017 - Biometrics done I-485 & I-765 via Walk-In Brooklyn (done in under 15 Minutes)

02/14/2018 - Service Request to expedite my EAD put in via Hotline plus contacted my Congressman for help

03/13/2018 - EAD & AP approval Letters in the mail (106 days since filing)

03/15/2018 - EAD/AP Card in the mail <3 

 

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Filed: K-1 Visa Country: Wales
Timeline

Stay and adjust

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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33 minutes ago, lms said:

Leaving my than spouse on the 27th without knowing if I can return in a few weeks (if O1 is granted) or if we than have to do CR1 and a chance I can't even come visit for a year (my lawyer said O1 denial at USCIS center is not a visa denial within the ESTA terms? but I don't know if that is true - I don't trust lawyers anymore).  

A petition being denied is not a visa refusal. USCIS adjudicates petitions whereas the embassies/consulates issue/refuse visas. So technically he's correct...USCIS denying the petition doesn't require you to update your ESTA.

 

33 minutes ago, lms said:

Or doing AOS from VWP before the 28th (another lawyer said I should wait until I am here illegally, that makes the least sense to me and I definitely don't want to do that) while filed for O1 under Premium Processing. Thanks to my absolute useless lawyer I will most likely receive the answer for my O1 1-3 days after I'd need to leave the country (or do AOS). 

This is where he's wrong. You can stay and AOS fine. You should not overstay...file AOs within your legal stay. Any overstay would result in you being permanently ineligible for an ESTA.

 

I concur..stay and AOS is simplest. Or do a CR-1 if you need to leave.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Thank you so much for the responses. That's what I thought. I think we will be able to send it either the 24th or 25th overnight FedEx. 

We have our small wedding party the 25th - we can bring photos of that (and the January get together with her family & the wedding we will attend togehter in March) to the interview, right? We will have photos taken after the city hall - that I will be able to add to the files when filing (plus all other evidence and photos from the past years). 

 

I should leave in Mid March to empty my apartment and close my company, I have to travel in May for jobs in Europe. 

They are also asking for an USCIS account number - did I get one, if so which is it, for my O1 application?

 

Thank you!

 

Edited by lms

11/25/2017 - AOS Papers Sent

11/27/2017 - Package delivered by FedEx

12/07/2017 - NOA1's received in the mail

12/15/2017 - Biometrics Appointment letter received scheduled for 12/27/2017

12/22/2017 - Biometrics done I-485 & I-765 via Walk-In Brooklyn (done in under 15 Minutes)

02/14/2018 - Service Request to expedite my EAD put in via Hotline plus contacted my Congressman for help

03/13/2018 - EAD & AP approval Letters in the mail (106 days since filing)

03/15/2018 - EAD/AP Card in the mail <3 

 

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Filed: AOS (apr) Country: Bulgaria
Timeline

No one can guarantee if you will have your AP and EAD granted by March/May  but it is possible. File everything with the I485 and if it gets close to March you can possibly try to expedite them.

05/24/2017 Entered the US on a J1 visa

10/10/2017 We got married!

10/27/2017 AOS Package sent via USPS - Chicago Lockbox

10/30/2017 Package delivered 

10/31/2017 Priority Date

11/07/2017 Received email and text notifications about all 4 forms

11/14/2017 Received hard copies of all 4 NOAs

11/21/2017 Received biometrics appointment notice scheduled for 11/29

12/15/2017 Interview notice - interview is scheduled for January 19th! Holy #$%^ that's less than 3 months from PD!

01/02/2018 EAD + AP approved

01/16/2018 Combo card delivered

01/19/2018 Interview - recommended for approval

01/22/2018 New card is being produced :dance:

 

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3 hours ago, EvieMN said:

No one can guarantee if you will have your AP and EAD granted by March/May  but it is possible. File everything with the I485 and if it gets close to March you can possibly try to expedite them.

Well, of course there is no guarantee for that - that I know of since starting to deal with all visa stuff haha. But not being able to travel to EU in May would bring quite a big financial loss to me (xx.xxxx€) - so...I will have to hope it will be there by then or try to file for Emergency or expedite. 

 

Thank you!

11/25/2017 - AOS Papers Sent

11/27/2017 - Package delivered by FedEx

12/07/2017 - NOA1's received in the mail

12/15/2017 - Biometrics Appointment letter received scheduled for 12/27/2017

12/22/2017 - Biometrics done I-485 & I-765 via Walk-In Brooklyn (done in under 15 Minutes)

02/14/2018 - Service Request to expedite my EAD put in via Hotline plus contacted my Congressman for help

03/13/2018 - EAD & AP approval Letters in the mail (106 days since filing)

03/15/2018 - EAD/AP Card in the mail <3 

 

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I have a few questions regarding filling out the forms: 

I-130 a


Part 1

2. Information About Beneficiary account # ? 

I only have a WACxxx number for my O1 visa application that is still processed. DO they mean this or another number? Or just leave blank?

 

4. Is my current address my US address even on VWP or better my AT address where I am still registered and I still rent my apartment until March 2018?


Again: Address: 

 

I-130

 

Page 5 of 12:

 

Section 4 - 

2. Information About Beneficiary account #

10. Does a petition for non-immigrant O visa count? 

11. Current Physical Address/intended physical address, before or after marriage? 

Same as above. When I entered the US - shall I use this as my current address? Or the one I still have in AT since I still rent the apt till March 2018 

59. Living together with Tourist Visa / ok? US Address ok?

 

Regarding I-485:

 

Current employment: 

I have been self-employed for 4 years. I still have my "company" in AT - still taking retainers for jobs next year in EU. Shall I write Unemployed in the first employer list, in the second my self-employed date and then add something where I explain that my account will close it with Dec 2017 and also add that I still have health insurance in AT? 

 

When do I have to file my first US Taxes? 2017 or 2018? No US income in 2017/ Stay of 183 days in the US (argh that is like 3 days over right for tax purposes)  - will file & have to) pay AT taxes in 2017. 

 

Thank you!

Edited by lms

11/25/2017 - AOS Papers Sent

11/27/2017 - Package delivered by FedEx

12/07/2017 - NOA1's received in the mail

12/15/2017 - Biometrics Appointment letter received scheduled for 12/27/2017

12/22/2017 - Biometrics done I-485 & I-765 via Walk-In Brooklyn (done in under 15 Minutes)

02/14/2018 - Service Request to expedite my EAD put in via Hotline plus contacted my Congressman for help

03/13/2018 - EAD & AP approval Letters in the mail (106 days since filing)

03/15/2018 - EAD/AP Card in the mail <3 

 

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  • 3 weeks later...

If anyone is interested. My O1 got approved 3 days after USCIS received my AOS Papers.  Even though the GC application trumps the O1 now, it still feels good that USCIS decided I am extraordinary :)

 

Waiting for NOA1 now. 

 

Cheers

Edited by lms

11/25/2017 - AOS Papers Sent

11/27/2017 - Package delivered by FedEx

12/07/2017 - NOA1's received in the mail

12/15/2017 - Biometrics Appointment letter received scheduled for 12/27/2017

12/22/2017 - Biometrics done I-485 & I-765 via Walk-In Brooklyn (done in under 15 Minutes)

02/14/2018 - Service Request to expedite my EAD put in via Hotline plus contacted my Congressman for help

03/13/2018 - EAD & AP approval Letters in the mail (106 days since filing)

03/15/2018 - EAD/AP Card in the mail <3 

 

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