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Matt&Jen Apprentice

Matt&Jen   29

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Hello...

Need some advice.  

My wife and I were married July 27. She came via k1. 

Due to a bit of financial struggles due to wedding etc., we thought to submit her work permit first, then, when we have the fee for AOS submit that.  Was originally wanting to submit both at the same time, and save having to pay additional fees. 

 

Her 90 day visa will expire September 7. Not sure if that will have any bearing on the process considering we are married now. 

 

A supplement question is...concerning having health coverage, does the initial AOS filing require that or does that information come later..?

 

Thank you!

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p-ana Experienced

p-ana   933

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Filed: Citizen (apr) Timeline
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The ead that can be applied before applying for aos costs about $700 and it will only be valid until her i94 expires.  And it most likely won’t be granted before that so it will be a waste of time and money.

 

if you apply for ead with aos the ead won’t cost you anything. 

 

Save up, borrow or use the credit card and hurry up to file for aos - it’s no fun for the foreigner to be without a status and not being able to do stuff

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Don't waste the money or time to file for an EAD now. It'll take a few months at best and expires on Sept. 7th anyway (obviously she can't keep working when she's not in the US legally anymore). See the problem?

 

File for AOS and the EAD (and AP!) together. No extra fee for the EAD or AP there either....win-win.

 

Health coverage is not required at any point. It's just a very wise thing to do as the cost of not having it can be much, much, much more expensive.

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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ThomasNC1988 Rising Star

ThomasNC1988   762

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

The EAD without AOS is a non-starter. People have waited decades to file AOS, but keep in mind the rules can change any time.  Health coverage doesn't really have anything to do with anything.

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Matt&Jen Apprentice

Matt&Jen   29

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Yes, I am currently working two jobs. Full time and part time.  

Most likely will be able to file AOS end of September/Early October.  

 

 

thank you everyone for the responses. Truly appreciate it. 

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DaveAndAnastasia Experienced

DaveAndAnastasia   2,092

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Also worth noting is that you can pay USCIS lockbox fees by credit card, and paying credit card interest for a few months is way, way better than delaying filing for AOS. 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted
1 hour ago, Matt&Jen said:

Yes, I am currently working two jobs. Full time and part time.  

Most likely will be able to file AOS end of September/Early October.  

 

 

thank you everyone for the responses. Truly appreciate it. 

It really behooves you to file AOS as soon as possible after your marriage. After her I-94 expires, she is, in essence, out of status. What with all of the ongoing local and national news of  enhanced CBP and ICE enforcement, i.e., roving and random checkpoints near the southern border, being out of status is not the place to be. If snared by one of those checkpoints, the foreign spouse may be detained until a hearing before an immigration judge, to plead their case.

 

It is possible to avoid these real concerns, with the filing of the AOS/EAD/AP applications (and receipt of the NOA1), the foreign spouse is then granted a "special stay" status due to the AOS filing. I mention AOS/EAD/AP concurrent filing as that when done in that manner, there are no additional fees with the EAD/AP applications filing. See the Special Instructions link on this USCIS link for more information: https://www.uscis.gov/i-485 .

 

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Matt&Jen Apprentice

Matt&Jen   29

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted
1 hour ago, DaveAndAnastasia said:

Also worth noting is that you can pay USCIS lockbox fees by credit card, and paying credit card interest for a few months is way, way better than delaying filing for AOS.

No credit cards. 

At the moment I am about $400 shy of what we need. 

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Hawksquill Enthusiast

Hawksquill   151

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I'm sure you know this, but it's also worth noting that if you don't apply for AOS until October or November, she won't just be out of status by a few days, but 2-3 entire months.  That's not something to take lightly, especially not with what's been happening to some immigrants lately.  It really does make more sense to apply for the AOS, EAD, and AP all at the same time, and as soon as possible, as the EAD will not be approved before September 7 so she won't be able to work anyway.

 

Would it be possible to use the cash now and get a credit card to float living expenses for a while?  Or borrow from family or friends? 

August 20, 2016 ----> May 5, 2021

1,720 days ----> 4 years, 8 months, and 16 days

DONE with our visa journey and USCIS!

 

K1:

Spoiler

8/20/2016: I-129F packet mailed
10/20/2016: NOA2

1/20/2017: Interview (approved!)

2/20/2017: POE Philadelphia

3/18/2017: Wedding!

 

Adjustment of Status:

Spoiler

5/11/2017:  I-485, I-131, and I-765 packets mailed to Chicago lockbox

5/18/2017: NOA

5/30/2017:  Biometrics completed (walk-in, East Hartford, CT ASC)

8/2017-9/2017: Three service requests and case request to Congresswoman submitted for I-765

10/7/2017:  EAD/AP combo card received 

12/14/2017: Interview!

12/30/2017: GC received

 

Removal of Conditions: 

Spoiler

9/16/2019: Packet mailed to Dallas lockbox

9/23/2019: NOA date

10/24/2019: Biometrics completed (East Hartford, CT ASC) 

8/18/2020: Case approved

9/8/2020: GC in hand!

 

Citizenship:

Spoiler

9/17/2020: N-400 filed online

9/25/2020: Hard copy NOA received

11/12/2020: Biometrics reuse notice on USCIS account

3/19/2021: Email notification that USCIS has taken action on our case

3/31/2021: Interview notice

5/5/2021: Interview in Lawrence, MA (our field office is Hartford, CT)

5/5/2021: Approval and same day oath ceremony due to COVID-19!

 

 

 

 

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ThomasNC1988 Rising Star

ThomasNC1988   762

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted
On 8/20/2019 at 5:43 PM, Hawksquill said:

I'm sure you know this, but it's also worth noting that if you don't apply for AOS until October or November, she won't just be out of status by a few days, but 2-3 entire months.  That's not something to take lightly, especially not with what's been happening to some immigrants lately. 

Fear mongering nonsense.

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Matt&Jen Apprentice

Matt&Jen   29

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

thank you everyone for your response. 

We will file the week before Sept 7. 

I am sure all will work out just fine. 

 

Matthew

 

 

 

 

On 8/19/2019 at 11:13 AM, DaveAndAnastasia said:

 

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