Moving in 7 weeks

[james_michael_hill 0]

Hey there

Me and the new wife (!) are currently trying to fill in all the I-864 and all the paperwork to adjust my status, and hope to send it all off this week or next. However we're moving from Mississippi to New Mexico in 7 weeks (as she starts University). Does anyone know how this will affect our application process? Should I just file a change of address form with USCIS a week or so before we leave? Or just note it on my AOS cover letter? I'm kind of worried that I'll be assigned an interview here in Mississippi for when we'll be in New Mexico. Sorry if this is a dumb question but I'm a bit ignorant as to what sort of wait

i should be expecting between filing and getting an interview.

If I could I'd leave the entire process until we're in New Mexico but my K1 expires in a week so thats not really an option. Any help would be much appreciated.

James

[no name 1]

Hey there

Me and the new wife (!) are currently trying to fill in all the I-864 and all the paperwork to adjust my status, and hope to send it all off this week or next. However we're moving from Mississippi to New Mexico in 7 weeks (as she starts University). Does anyone know how this will affect our application process? Should I just file a change of address form with USCIS a week or so before we leave? Or just note it on my AOS cover letter? I'm kind of worried that I'll be assigned an interview here in Mississippi for when we'll be in New Mexico. Sorry if this is a dumb question but I'm a bit ignorant as to what sort of wait

i should be expecting between filing and getting an interview.

If I could I'd leave the entire process until we're in New Mexico but my K1 expires in a week so thats not really an option. Any help would be much appreciated.

James

Discussed here:

http://www.visajourney.com/forums/index.php?showtopic=67920

[john_and_marlene 162]

For the K-1, you are required to get married before the I-94 expires. You are not required to file AOS before the I-94 expires. My best advice would be to report the change of address when you move, then file AOS using your new address after the move. The risk of error will be greatly reduced.

[Kez/JWolf 6]

For the K-1, you are required to get married before the I-94 expires. You are not required to file AOS before the I-94 expires. My best advice would be to report the change of address when you move, then file AOS using your new address after the move. The risk of error will be greatly reduced.

I agree..... do not file for AOS until you have moved to your new address.... you do not need to file before your I-94 expires just as soon as you can after that....

Kez

[james_michael_hill 0]

Leaving the filing of the AOS for 7 weeks would certainly help as I still need to get alot of the evidence together. But besides not being able to work for that much longer, what are the disadvantages of becoming out of status when my I-94 expires? Does this make me an ilegal alien or something?!

I really appreciate the help - Ive tried calling the USCIS 'help' number and all they said was to send of the I-485 and I-130 forms. I-130? Isn't that for K3 visas? And when I asked what would happen if I went out of status she told me to just send in those forms. Would that prevent from me becoming out of status? Now Im more confused than ever!

[Dr_LHA 3]

Leaving the filing of the AOS for 7 weeks would certainly help as I still need to get alot of the evidence together. But besides not being able to work for that much longer, what are the disadvantages of becoming out of status when my I-94 expires? Does this make me an ilegal alien or something?!

You will be out of status. "Illegal alien" is usually reserved for people who entered the USA without being inspected by a CBP officer, but in reality you will not be have a legal status in the break between your I-94 running out and you filing AOS. Although this usually doesn't cause issues, you might want to consider the fact that if you live near the New Mexico/Mexico border, and get picked up by immigration officers (who patrol around there), you might get in trouble for being here on an expired visa. Its a slim chance, but one not worth disregarding IMHO, if you live near the border.

I really appreciate the help - Ive tried calling the USCIS 'help' number and all they said was to send of the I-485 and I-130 forms. I-130? Isn't that for K3 visas? And when I asked what would happen if I went out of status she told me to just send in those forms. Would that prevent from me becoming out of status? Now Im more confused than ever!

You don't need I-130 if you're here on a K-1 and get married within the 90 day time limit. USCIS help line is more commonly known as the "misinformation hotline" around here.

Edited May 14, 2007 by Dr_LHA

[Achromatic 0]

You will be out of status. "Illegal alien" is usually reserved for people who entered the USA without being inspected by a CBP officer, but in reality you will not be have a legal status in the break between your I-94 running out and you filing AOS. Although this usually doesn't cause issues, you might want to consider the fact that if you live near the New Mexico/Mexico border, and get picked up by immigration officers (who patrol around there), you might get in trouble for being here on an expired visa. Its a slim chance, but one not worth disregarding IMHO, if you live near the border.

That being said, I would recommend the following: take two copies of the NOA1 you'll receive a week or two after filing AOS - this is, as it says, NOT an immigration document, but one in your wallet, one in your passport will go a long way to smoothing things over if it becomes an issue. From the period you are NOA1 until you are approved / denied by USCIS, your status is described as "a period of stay [pending a decision (though I'm not sure of this exact text) authorized by the Attorney General".